STORING EXPLOSIVES

Pukekohe & Waiuku Times, Volume 7, Issue 433, 10 December 1918, Page 1

STORING EXPLOSIVES

As it is not generally known that all persons storing over ten gallons cf petroleum should hold a license in respect of the place in which petroleum is stored, the following remarks of Mr E. Page S.M. at Palmerston North, when giving his decision in a recent prosecution under the Explosives and Dangerous Goods Act should be of interest. Mr Page said:—"The defendants are charged under Section 27 of the Explosives and Dangerous Goods Act, with storing petroleum in a place other than a public place of deposit without being the holders of a license to do so. Counsel for the defendants had contended that if no public place of deposit under the control of the local authoiity existed that there was no legal obligation to take out a license. I am unable to agree with this contention as in my opinion the Act compels all persons storing petroleum in quantities over 10 gallons to hold a license in respect of the place in which petroleum is stored. The mere fact that the local authority has not itself constructed a public place of deposit does not exempt persons storing petroleum from obtaining a license It is necessary in the public interest that the place in which large quantities of petroleum or other explosive goods are stored should be licensed. The Borough Council has power to fix a reasonable fee for the license and to impose reasonable conditions. The defendants, in my opinion, have committed a breach of the law in not obtaining a license." With regard to th e penalty, it was admitted by the prosecution that the defendants had applied to the Borough Council for a license and were advised by their officers that a license was not necessary. In view of this fact, and of the fact that this was the first prosecution of this nature in this district it seemed to the Magistrate that only a nominal penalty should be imposed. Defendants were convicted aid ordered to pay the costs, 7s.