South Australian Consolidated Acts

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EXPLOSIVES ACT 1936 - SECT 15

15—Reconstruction of buildings destroyed by accident

        (1)         Where an accident by explosion or fire occurs in and wholly or partly destroys a factory, the factory shall not be reconstructed and any further supply of an explosive shall not be put therein except with the permission of the Minister, and any explosive put therein in contravention of this section shall be deemed to be manufactured in an unauthorised place, and the offence may be punished accordingly: Provided that this enactment shall not prevent the reconstruction of a factory magazine in any lawfully existing factory upon such site in the factory and with such precautions as seem reasonable to the Minister, due regard being had to the working of the factory as well as to the safety of the public and of the persons employed therein.

        (2)         Where an accident by explosion or fire in a factory wholly or partly destroys any building of the factory as to which an inspector has previously to the accident sent to the occupier a notice that the building is unduly near to some building or work outside the factory, the building shall be reconstructed only upon such site in the factory and with such precautions as may seem reasonable to the Minister, due regard being had to the working of the factory as well as to the safety of the public and of the persons employed therein.

        (3)         Where an accident by explosion or by fire in a factory wholly or partly destroys two or more buildings in the factory, not more than one of such buildings shall be reconstructed except with the permission of the Minister: Provided that this subsection shall not apply to any building in a lawfully existing factory if either, both, or all such buildings are incorporating mills, or if as regards any other buildings an inspector has not previously to the accident sent to the occupier a notice that the buildings are unduly near to each other.

        (4)         Where a building is constructed on a different site in pursuance of this section, the necessary alterations shall be made in the licence, and the alterations shall be deemed to be part of the licence.

        (5)         The reconstruction of any building in contravention of this section shall be deemed to be a breach of the terms of the licence, and shall be punished accordingly.



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