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Firework (Control) Act 2023 commenced - 700/2024

October 24, 2024

The Minister with responsibility for Public Health, the Hon Gemma Arias-Vasquez, has today commenced the Fireworks (Control) Act 2023. The Act restricts the sale and use of fireworks and comes into force today, 24th October 2024.

The commencement of this Act 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. 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.

The public should be aware that 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 11:00pm on 31st December until 1:00am on 1st January. 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. 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, the Hon Prof John Cortes, said: “It gives me great pleasure to see this Act brought into force, following a great deal of consultation and effort 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. I am extremely grateful to all those who have contributed to this important and pioneering legislation, the Royal Gibraltar Police, the Fire and Rescue Service, the Environmental Agency, the Department of the Environment and Public Health Gibraltar, for their diligence and expertise.”

The Minister with responsibility for Public Health, the Hon Gemma Arias-Vasquez, said: “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, and 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.”

ENDS