Fireworks and the Explosives Act
In terms of the Explosives Act, no person shall allow or permit any children under the age of 16 to handle or use fireworks except under the supervision of an adult person.
It is unlawful to discharge any firework in any building, on any public thoroughfare or in any public place or resort, without prior written permission of the local authority.
This is according to the Explosives Act, number 26, of 1956.
Under section 10.35 of the Act which relates to public displays of fireworks, it states that no person may discharge fireworks without the written permission of the Chief Inspector of Explosives, this is also known as having a permit.
In the permit it will stipulate conditions on which the display may take place and any non-compliance with them is a criminal offence.
In terms of the Explosives Act, no person shall allow or permit any children under the age of 16 to handle or use fireworks except under the supervision of an adult person.
The sale of fireworks also falls under the Explosives Act and conditions for sale are strict.
It is not possible for any informal sellers of fireworks such as hawkers or open-air vendors to conform with the Act.
It is imperative that any informal displays of fireworks for sale or sellers of fireworks in the open air are reported to the SAPS.
Any seller of fireworks must be in possession of a current licence issued by the Chief Inspector of the Department of Explosives.
This licence is not transferable which means a shop with a permit to sell fireworks may not remove stock to market at a roadside.
The licence refers to the premises stated on this permit.
Fireworks may not be displayed in a window or any other place where fireworks can be interfered with by the public.
This means that fireworks in a licensed shop must be either under the counter or locked in a cabinet. It is an offence to display or place fireworks where a shopper can pick them up or handle them in any way, including being able to put them into a shopping basket or trolley.
Fireworks must be marked, labelled, packed and sold in accordance with regulations and fireworks must be in the original packaging complete with instructions when sold.
It is an offence in terms of the Explosives Act to interfere with the packaging of fireworks or to permit the packaging to be interfered with.
Compiled by Stop Fireworks
Forgive my ignorance. This does not state that “fireworks” are not permitted in a built up area. Is this the law? I do recall however a time that no fireworks were allowed within 150M of a Fuel Station. Can you please update us on this please.