Fireworks Control Act 2023 enforced today: Stricter rules on sale and use to protect public, vulnerable groups, and animals
The Fireworks (Control) Act 2023, which will restrict the sale and use of fireworks, comes into force today, October 24.
The Minister with responsibility for Public Health, Gemma Arias-Vasquez, has today commenced the Act which follows a significant multi-agency work to produce a framework that would address the concerns of the community regarding the dangers of the uncontrolled use of fireworks and the distress they cause to vulnerable citizens and animals.
The Bill was passed by Parliament last year.
The Act restricts the sale of fireworks to persons over the age of 18, with the exception of F4 fireworks which are the most potent and are intended for use by licensed professionals, and under the Act may only be sold to persons with specialist knowledge who are certified for their use either in Gibraltar or abroad.
Under the new Act, the sale of fireworks to persons under the age of 18 is formally prohibited.
Previously responsible traders limited their sale to persons aged 18 or over.
Additionally, under the new Act, persons under the age of 18 are prohibited from possessing fireworks.
In the past the RGP has had problems with minors possessing fireworks and letting them off in dangerous circumstances, putting themselves and others at risk, said a statement from the Government.
There is also a restriction on procuring fireworks for a minor. As is the case with alcohol, any prohibited items may be taken by law enforcement officers.
An important provision in the Act relates to the use of fireworks on private property. This is permitted around New Year's Eve festivities – specifically from 11pm on December 31 until 1am on January 1.
The use of fireworks outside this timeframe is not permitted.
“This will enable celebrations to usher in the New Year to take place in a reasonable manner,” said the Government statement.
“The public is reminded that the use of fireworks in or from public areas has never been permitted unless authorised, and this remains the case under the new Act.”
“Finally, the public is advised that the importation of fireworks is prohibited unless the importation is made in accordance with a licence.”
“Any person who imports fireworks in an unauthorised manner should expect the full extent of the law to be applied.”
The Minister for Environment, Dr John Cortes, said it gave him great pleasure to see the Act brought into force, following a consultation to produce a framework that allows people “to ring in a New Year whilst taking into account very serious public concerns about safety and the distress caused to vulnerable citizens and animals.”
He noted he was grateful to all those who have contributed to the “important and pioneering legislation”, including the Royal Gibraltar Police, the Fire and Rescue Service, the Environmental Agency, the Department of the Environment, and Public Health Gibraltar.
For her part Ms Arias-Vasquez, said that the uncontrolled use of fireworks has been an increasing cause of public concern in recent years, particularly in the lead-up to the New Year celebrations.
She noted that these “have been the source of distress to the vulnerable, including the elderly and those with neurodevelopmental conditions.”
“This legislation is both radical and fair, and permits private New Year’s celebrations whilst prioritising the safety of the community.”