Government will amend safety distance for fireworks factory after court revokes permit

A week after a court revoked a fireworks factory permit over its interpretation of the 183-metre safety distance from any road or inhabited place, the government intends to change the law to 'save' fireworks factories from forced closure

A recent court decision has put in question the existence of some fireworks factories
A recent court decision has put in question the existence of some fireworks factories

The government will soon be proposing amendments to laws governing fireworks factories after a sentence handed down by the Appeals Court last week revoked the permit of a fireworks factory, Justice Minister Owen Bonnici said on Monday.

The sentence revoked the permit of a Zebbiegh factory that manufactures fireworks for the Santa Marija feast in Mosta on the basis that the factory was situated less than 183 metres from land used by farmers in the area.

According to the Explosives Ordinance Act fireworks factories must be situated 183 metres from any inhabited place, any street which may be used regularly for the passage of cars, or “any other street within 183m of which it would not be advisable, in the opinion of the Commissioner of Police, after consultation with the Director of Public Works, to establish such a factory”. 

“We have agreed to propose amendments in the coming days to address the room for interpretation on the basis of which this court sentence was handed down,” Bonnici said.

While not directly responsible for the issuance of permits - the pyrotechnic industry falls under the home affairs portfolio - Bonnici said that while government would always respect the courts’ decision, the sentence handed down was “an issue of interpretation”.

“The court interpreted the meaning of a road one way, while there could be other interpretations,” he said. “We always respect the court decisions, but in this case, I think there is room for legislative intervention to solve the issue.”

On Friday, State media reported that the news of the courts decision had reverberated across the industry with Pyrotechnics Society president Josef Camilleri quoted as saying that the society had requested the legal amendment. 

“This is an absurd decision, totally absurd! We don’t agree with it at all and we have requested that the authorities amend the law,” Camilleri told TVM news. 

He added that there were many other fireworks factories that were in a similar position. “To have a fireworks factory with a 183-metre radius around it as part of the complex is difficult,” Camilleri was reported saying.

Bonnici however refuted claims that the decision to propose legal amendments had been taken after pressure from the pyrotechnics lobby. He reiterated that the amendments would seek to remove the current room for interpretation on how a road is defined. 

He said that all fireworks factory licences were issued following due process by the Planning Authority and the Home Affairs Ministry. 

170,000 in funds for safety in fireworks factories 

Bonnici’s comments came at the end of a press conference marking the launch of a fund that would be distributing grants to fireworks factories carrying out projects aimed at increasing safety.

The first round of funding will see a total of €170,000 being made available, with each factory eligible for up to €5,000. 

In order to apply, factories must be registered as voluntary organisation as well as have a fireworks factory license. Applicants are requested to submit a detailed proposal of the intended project. Between 60-100% of the allocated funds must be used on infrastructural expenditure.