The National Institute of Explosives Technology (NIXT) recently hosted its 80th conference, which was a well-attended event by numerous stakeholders within the explosives industry, including manufacturers, mining houses, distributors, end user service providers and representatives from the South African Police Services, including the Chief Inspector of Explosives.
The conference primarily centred around the Draft Explosives Regulations, 2024, under the Explosives Act 15 of 2003, which were published for comment on 25 October 2024 (the Draft Regulations), and in particular, the “track and trace” requirements. These Draft Regulations are intended to align with regulations currently in the EU, in order to enhance the security and traceability of explosives.
This has come as a response to the use of explosives in various criminal activities in South Africa, including ATM bombings, Cash-in-Transit heists and illegal mining. The underlying objective of the track and trace requirements is to be able to identify where, in the life – cycle of the explosive used, the explosives were accessed by unlawful users, which enhances accountability and improves the investigative process.
The key focus point of discussion was the provisions of Regulations 19(6) (marking and labelling of packaging), 122(6), (7) and (8) (security of explosives), amongst others.
- Regulation 19(6) now provides that “Each blasting explosives overpack, outer packaging, inner packaging and individual article must be marked with a unique identification as prescribed in regulation 122(6) and Annexure “Z” to enhance security tracking and tracing.”.
- Regulations 122(6) to (8) establishes a comprehensive system for identifying and tracking blasting explosives, being:
Unique Identification Requirements:
- Manufacturers must mark each blasting explosive with a unique identifier in accordance with Annexure “Z” Part 1;
- This can be done via label, direct printing, or electronic tag;
- The marking must be durable, clearly legible, and applied before leaving the manufacturing site;Importers must similarly mark explosives unless already uniquely identified; and
- Explosives manufactured for export can follow the importing country’s identification requirements.
Technology Requirements:
- All parties in the supply chain (manufacturers, importers, dealers, users) must maintain systems to track explosives;
- Required technology must generate, scan, interpret, store and retrieve tracking data; and
- The system must work with all packaging levels (individual articles, inner packaging, outer packaging, pallets).
Information Availability:
- All tracking and tracing information must be readily available upon request;
- The Chief Inspector or any inspector can request this information; and
- The responsible person at each organization must ensure compliance.
The Draft Regulations place significant emphasis on proper packaging and clear labelling to ensure safety during transport and storage, as well as traceability of explosives throughout their lifecycle, placing obligations on the importers, manufacturers, suppliers, distributors and end users. The requirements integrate both South African national standards and international dangerous goods transport regulations to create a comprehensive system for managing explosives.
Both the speakers and guests, during discussions held in the intermissions, highlighted two key concerns regarding the implementation of the Draft Regulations, namely:
- The development of an industry-wide, internationally aligned serialisation and unique identifier system, which will require collaboration amongst all role players and stakeholders within the explosives industry;
- The most effective method of marking and labelling the blasting explosive articles, boxes, and other packages, such as direct inkjet printing or adhesive labels;
- A formalised and accessible data management system; and
- The increased cost that these requirements will have across the entire explosives supply chain, and the effect this may have on prices.
Attending the conference, engaging with the speakers and participating in discussions between sessions provided valuable insight into how industry leaders and regulators are likely to respond to the Draft Regulations, as well as the evolving direction of the explosives sector. Our participation underpins our commitment to always be at the forefront of developments that affect our clients and business partners and is was a pleasure to interact with various stakeholders in the explosives industry.
Should you require any more information, please contact Warren Beech at warren@bv-inc.co.za or Jason Hunter at jason@bv-inc.co.za.
Disclaimer: This article is provided for informational purposes only and is not intended to serve as legal advice. Readers should consult one of our legal professionals for advice tailored to their specific circumstances.