S.I. No. 365/1997:

AMMONIUM NITRATE MIXTURES EXEMPTION ORDER, 1997

AMMONIUM NITRATE MIXTURES EXEMPTION ORDER, 1997

The Government, in exercise of the powers conferred on them by sections 50 and 83 of the Explosives Act, 1875, as adapted, hereby order as follows:

1. ( a ) This Order may be cited as the Ammonium Nitrate Mixtures Exemption Order, 1997.

( b ) This order shall come into operation on the first day of September, 1997.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. The following explosives, provided that they satisfy the test described in Article 4 below, shall be prescribed explosives for the purposes of section 50 of the Explosives Act, 1875:

( a ) ammonium nitrate impregnated with mineral oil;

( b ) a mixture of ammonium nitrate and any other substance or substances which

(i) is impregnated with mineral oil, and

(ii) was not explosive before impregnation with mineral oil;

( c ) a mixture of ammonium nitrate and

(i) any other substance which was not explosive alone, or

(ii) any other substances none of which was explosive alone or was mixed with any of the others in such a way that the resulting mixture was explosive;

provided that if anything is added to an explosive which by virtue of this Order is a prescribed explosive for the purposes mentioned above (except mineral oil in the case of an explosive which is a prescribed explosive for those purposes by virtue of paragraph (a) or (b) above), the explosive shall cease to be a prescribed explosive by virtue of this Order for those purposes.

4. The test referred to in Article 3 above is that, when a cardboard tube not more than 12 inches (304.8 millimetres) long and with an internal diameter of not more than 3 inches (76,2 millimetres) is filled with the explosive, the explosive will not explode completely on being ignited by means of a detonator whose initiating effect is equivalent to that of a detonator containing not less than one gram of mercury fulminate.

5. Any explosive which by virtue of this Order is a prescribed explosive for the purposes of section 50 of the Explosives Act, 1875, shall be exempt from the provisions of that Act relating to the manufacture of explosives, provided the person manufacturing the explosive holds a licence from the Minister for Justice, Equality and Law Reform authorising the person to manufacture that explosive and complies with any requirements or conditions contained in the licence which the Minister may impose.

GIVEN under the Official Seal of the Government, this

28th day of August, 1997.

Bertie Ahern

Taoiseach

EXPLANATORY NOTE

The explosives prescribed by this Order are exempt from the provisions of the Explosives Act, 1875 with respect to manufacture. The exemption is made subject to the requirement that a licence should be obtained from the Minister for Justice, Equality and Law Reform.