Quick Links: Thailand Law Seminars and Conference | Thai Law Forum Past Issues | About Thailand Law Forum | Advertising Guidelines | Publishing Guidelines

Contribution:

Chaninat and Leeds, a full service law firm concentrating in registering Thai companies, assisted in making this translation web friendly.




 

Section 12: Where a qualified director has completed his/her term without any person being appointed as his/her replacement, that retiring director shall continue to perform his/her duties in the interim until a new director is appointed as a replacement.

Section 13: A meeting of the Commission shall consist of not less than half of its entire number to form a quorum. If the Commission Chairman is not present or unable to discharge his/her duties, a director shall be selected by directors present at the meeting to preside in lieu.

The meeting.s deliberation shall be based on majority votes with each director  entitling  to  one  vote. In  the  case of tie-votes, however,  the meeting.s chairman shall cast another vote as the decisive vote. A director with any personal vested interest on any matter being voted on shall not be entitled to stay in the meeting room.

Section 14: The Commission shall be authorized to appoint a sub-committee to study or carry out any action as       assigned   by the  Commission in  which  respect  the  provision of  Section  13  shall  be applicable, mutatis mutandis, on the sub-committee.s meeting.

The Commission and the sub-committee shall be regarded as the Official under the Criminal Code.

Section 15: In discharging its duties under this Act, the Commission shall be authorized to issue written orders to call any individual to make a statement or to supply it with any documents or materials to support its consideration.  The Commission may, however, assign any sub-committee to exercise such authority as well.

Section 16: The Department of Business Energy shall take charge of work involving academic and administrative activities for the Commission as well as coordinating work and rendering assistance to various work units in activities relating to fuel oils control as well as any other works assigned by the Commission.

Chapter 3

Conduct of Controlled Activities/Operations

Section 17: To ensure that operations are controlled efficiently and that safety is maintained for protection of the public, the Minister shall be empowered  to  issue  Ministerial  Regulations  to  determine  categories  of controlled activities pertaining to possession of fuel oils, fuel oil service stations, fuel oil depots and transportation of fuel oils for any type of fuel oil or for all combined types in line with the levels of hazards which may arise. They shall be classified into 3 categories as follows:

(1) Category 1: this  will  consist  of  operations  which  may  be carried out immediately as required by operators.

(2) Category 2: this  will  consist  of  operations  for  which  the Official must be given prior notice before activities can be carried out.

(3) Category 3: this will consist of operations for which a license must be first granted by the Licensor before they can be carried out.

Possession of fuel oils for the purpose of using them as raw materials in a production process in any manufacturing facility needs not be notified to the Official nor receives the Licensor.s license, whatever the case may be. However, they must comply with criteria issued in Ministerial Regulations by virtue of Section 7.

Transportation  of  fuel  oils  by  water  shall  be  subjected  to  laws governing marine navigation in the seas of Thailand.

Section 18: Operators of controlled operations under Category 1 must comply with rules issued in the Ministerial Regulations by virtue of Section

Section 19: Operators of controlled operations under Category 2 must comply with rules issued in the Ministerial Regulations by virtue of Section and  must  give  the  Official  prior  notice  before  commencing on  their operations.

The form and particulars to be notified, method of notification and notification receipt acknowledgement will be in the form as prescribed by the Ministerial Regulations.

On receipt of such notification as set out in paragraph one, the Official shall issue a Notification Receipt Acknowledgement Form as evidence to the notifier on the date of receipt. In this respect, the notifier may forthwith commence the operations under control in Category 2 as from the date of such notification.

If it is subsequently discovered by the Official that notification under paragraph one is neither correct nor complete, the Official will be authorized to issue an order to have the notifier make proper rectification to ensure proper and complete notification within seven days from his/her receipt of the said order.

To cease Category 2 controlled operations, its operator must give a written notice to the Official within thirty days from the date of such action.

Section 20.  When Ministerial Regulations have been issued to define Category 3 controlled  activities, no one may conduct such operations without receiving a license from the Licensor.

Where Category 3 controlled operations are carried out, construction, renovation, demolition, removal, usage or change of usage of building(s) relating to that purpose must also be carried out. If an application is filed by  the  applicant  for  the  License,  the  Licensor  under  this  Act  shall  be authorized to issue the License or Notification Receipt Acknowledgement or Certification  on  Building  Usage  to  control  its  usage  for  that  purpose, whatever the case may be, pursuant with laws governing building control. Once such action has been completed, various documents and evidences shall be sent to the  person duly authorized by laws governing building control to proceed with further action in this respect.

Section 21.  The  procedure  governing  application  and  issuance  of the License and term of the License for the conduct of controlled operations under Category 3 shall be in accordance with the criteria, method and terms set out by Ministerial Regulations.

Section 22.  Operators  of  Category  3  controlled  businesses  must comply with criteria prescribed by Ministerial Regulations issued by virtue of Section 7.

In  issuing  the   License   to  conduct  controlled  operations  under Category 3, the Licensor may set out any condition as appropriate to the case and  may  set  up  the  maximum  volume  of  fuel  oils  to  be  kept  under the Licensee.s possession as well.

With  respect to the  License  already issued, if  some major  events should arise subsequently in the interest of safety or if there should be any change in the law or behaviorial patterns, the Licensor will be empowered to order any revisions governing the issuance of license, as deemed expedient.

If a License is issued for the conduct of fuel oil transportation by pipelines, notification must be made by the Minister to delineate the zone for pipeline oil transportation and marks set up to show their boundaries in the Government Royal Gazette in which respect, the Licensee shall be required to implement action as required by Section 34, mutatis mutandis, and to have the provisions of Sections 37 and 39 applicable, mutatis mutandis, as well.

Next Page
[1]  [2]  [3]  [4]  [5]  [6]  [7]  [8]  [9]


 

© Copyright Thailand Law Forum, All Rights Reserved
(except where the work is the individual works of the authors as noted)