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Chapter 4

The State.s Services with respect to Fuel Oils

Section 31: Authorization may be given by the Cabinet for the State.s authority or any authority to take action in order to have fuel oil depot or oil pipeline transportation system available to provide services for storage or transportation of fuel oils.

State  authorities to  take  action  in  this  respect  must  comply  with criteria prescribed by Ministerial Regulations issued by virtue of Section 7.

Section 32: When it becomes necessary for the State.s authorities to acquire immoveable properties for the purpose of building fuel oil depots or fuel oil pipeline transportation system, action shall be taken to sequester land pursuant with laws governing sequestration of immovable properties.

Section 33: For the purpose of building or maintaining fuel oil depots or oil pipeline transportation system, officials of the State Authority which is taking charge of the matter will be authorized to make entry either to use or possess, on a temporary basis,  immovable properties which do not serve as accommodation/residences for anyone subjected to the following conditions:

(1) Such  usage  or  possession  is  necessary  for  the  purpose  of conducting survey(s) on oil depot(s) or oil pipeline transportation system or for the building or maintenance thereof, or which is necessary to prevent hazards  or  damages  being incurred  by  such  oil  depot  or  oil  pipeline transportation system.

(2) An advance notice has already been given within a reasonable time by that State Authority to the owner or possessor of such immovable property which, however, must not be less than seven days except in the case where such owner or possessor cannot be contacted when an at advance notice of not less than thirty days must be given by having the notice affixed at the site of that immovable property and at the District Office or the Office of  the  Village  Chief  (Kamnan)  and  Office  of  the  Village  Headman (Puyaiban) of the site of such immovable property.  The date and time as well as action to be taken shall also be stated in that notice.

Where action pursuant with this Section is likely to cause damages to the owner, possessor of that immovable property or other right holders, that particular party may demand payment of indemnification from the State Authority.

Section 34: Publication defining the pipeline fuel oil transportation system  zone  and  marks  demarcating  such  area  shall  be  announced  by the State Authority in the Royal Government Gazette and also affixed at the District Office or Office of the Ampur which is the site of such fuel oil pipeline transportation system.   Arrangements must also be made to show signs  around  the  area  of  the  fuel  oil  pipeline  transportation  system  in accordance with criteria set by the Energy Business Department.

Section 35: In arranging to set up this fuel oil pipeline transportation system,  the State  Authority  shall  be  empowered  to  carry  out  any  of the following actions:

(1) lay down oil pipelines to the south, north, alongside or over the land of any person;

(2) demolish/remove  any  building  or  structure  which   is   not a residence/accommodation of anyone, or destroy anything which is built or made, or destroy or cut down trees, branches or roots of trees or plants, in the fuel oil pipeline transportation zone.

Before taking action  under (1)  or  (2),  the  owner or  possessor of the relevant property must be duly notified by the State Authority in which respect the provision of Section 33 para one (2) shall be applicable mutatis mutandis.

The property.s owner or possessor under paragraph one may appeal against such action on ground of unjustifiable cause to the Minister within thirty days from the day of his/her receipt of the notice.

Deliberation of such appeal must be completed by the Minister within sixty days from the day of his/her receipt of the appeal.

The   Minister.s  deliberation  shall   be   considered  as   final   and conclusive.

Section 36: Payment  of  compensation will  be  made  by  the  State Authority to the owner or holder of rights over land, building, housing or structures for the following cases:

(1) Usage of land defined in the announcement as fuel oil pipeline transportation zone pursuant with Section 34.

(2) Usage  of  land  in  which  the  fuel  oil  pipeline  transportation system will be laid pursuant with Section 35 (1).

(3) Action pursuant with Section 35 (2).

Payment of compensation under paragraph one shall be computed out of damages which have been incurred in actuality including the loss of benefits from the use of such various things.

Section 37: No  one  may  carry  out  any  action  which  may  be hazardous  to  the  fuel  oil  pipeline  transportation  system  as  well  as  its accessories/equipment.

Section 38: No one shall, within the fuel oil pipeline transportation zone, be they on land, in or under the water or under the sea, set up any building, housing or any other item, install anything, drill or excavate land, fill up land, throw out things or carry out any other act which may cause hazards or obstruction to the fuel oil pipeline transportation system unless so authorized in writing by the Minister.    In such a case, the said authorization may be granted by the Minister once s/he has listened to the opinion of the State Authority in charge to the effect that such action will not have any adverse impact on people, animals, plants, properties or the Environment. In granting such authorization, any condition may or may not be prescribed by the Minister as a condition to it and the Minister is empowered, in any case of violation, to order that the violator removes, demolishes, cuts down, destroys or carries out an action of any kind within a prescribed period. If the said party fails to comply with such instruction or if a violator cannot be found, the order shall be affixed in the locality and at the District Office or the Ampur Office, Office of the Kamnan and Office of the Puyaiban of that locality for at least seven days after which, if the order is still ignored, the State Authority may be ordered by the Minister to enter the scene to carry out any work of demolition, removal, cutting down, destruction or any other act as is reasonably expedient in which respect claims of damages may not be raised by anyone. Furthermore, the violator shall pay for damages in the sum of actual payment incurred together with an increment at the rate of thirty percent per annum of such expenses to be computed from the day the State Authority has entered the scene to take such action up to the day of full payment of expenses and increments.

Section 39: Where  the  oil  pipeline  transportation  zone  has  been officially determined in the notification, be they in the river, canals, sea or any waterway, notwithstanding if such is within the Kingdom or not, no one may set anchor or drag anchor or draw fishing nets or fishing pontoons or set any trap for aquatic animals in that zone in any way.

If any boat/ship should run across a fuel oil pipeline transportation zone without pulling up its anchor above the water line so that it remains visible, that  particular boat  shall  be  deemed as  producing the  result  of dragging its anchor.

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