8 July 2010

(Unofficial Translation)

Fuel Oils Control Act, B.E. 2542
_________

Bhumibol Adulyadej REX,

Given on November 19th, 1999 (B.E. 2542) Being the 54th year of the Present Reign

Authorized UnOfficial Translation

His Majesty King Bhumibol Adulyadej, Rex, is graciously pleased to command that:

Whereas it is deemed expedient to revise laws governing storage of fuel oils,

And, as this Act will contain some provisions concerning limitation of individual rights and freedom permissible by virtue of the law pursuant with Section 29 in conjunction with Sections 35, 48 and 50 of the Constitution of the Royal Kingdom of Thailand,

By his Royal Command, therefore, this Act is hereby enacted on the advice and with the consent of the House of Parliament, as follows:

Section 1:   This Act shall be called the .Fuel Oils Control Act, B.E.2542..

Section 2:   This Act shall be enforceable as from the day following its publication in the Royal Government Gazette.

Section 3:   The following shall be forthwith rescinded:
(1) Fuel Oils Storage Act, B.E. 2474.
(2) Fuel Oils Storage Act, (No. 2), B.E. 2496.
(3) Fuel Oils Storage Act, (No. 3), B.E. 2508.
(4) Fuel Oils Storage Act, (No. 4), B.E. 2520
(5) Fuel Oils Storage Act, (No. 5), B.E. 2530

Section 4:   In this Act,

Fuel Oil. means unrefined petroleum oil, benzene oil, aircraft fuel oil, gasoline, diesel oil, furnace oil, lubricant oil and includes other liquefied petroleum products used as fuel or lubricants as determined by the Minister for classification as fuel oil by its publication in the Royal Government Gazette.

Possession of fuel oil. means possession, either for one.s own use or that of another party, and notwithstanding if such is for the purpose of distribution, transportation, usage or any other purpose and also includes the disposal or traces thereof which appear in premises under one.s possession.

Fuel Oil Service Station. mean premises used for the storage of fuel oil in order to provide fuelling services to vehicles and includes premises defined in the License as the premise/area of a fuel oil service station as well as any structure, tank, pipes and equipment or various appliances in such an area.

Transportation of fuel oil. means the moving of fuel oil from one location to another either by land, water, pipeline or other means.

Oil Depot. means a premise used for storage of fuel oils in the quantity  prescribed  by  Ministerial  Regulations  and  includes  premises defined in the License as an area of Fuel Oil Depot as well as pertinent structures, tanks,   pipelines and equipment or various appliances  but excluding premises used to store fuel oils to be used as raw materials in the production process in an oil refinery or fuel oil production facility.

Local Rules. mean rules issued by the Municipality or Sub-District Office, Rules of the City of Pattaya,  Rules of the Provincial Administrative Body,  Rules  of  Bangkok  Metropolis  Authority  and  other  rules  of  the same/similar nature issued by local administrative bodies.

The Commission. means the Fuel Oil Control Commission.

The Official. means, the Engineer of the Fuel Business Department or a person appointed by the Minister to oversee the performance of this Act.

The   Licensor.   means   Director-General  of   the   Fuel   Business

Department or a person duly assigned by him/her.

The Minister. means the Minister in charge of the performance of this Act.

Section 5:   The    Minister   of   Energy   shall   take   oversee   the performance of this Act and is duly empowered to appoint the Official and to  issue  Ministerial Regulations  and  set  up  fees  not  exceeding  rates prescribed in the Annexure attached hereto, grant fee waiver, determine any other  action  and  to  issue  notifications  for  the  purpose  of  this  Act.s implementation.

Such Ministerial Regulations and Notifications shall be enforceable and effective on their publication in the Royal Government Gazette.

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1. Remark: Reference to Thai legislation in any jurisdiction shall be made only to the Thai version. This translation has been made so as to establish correct understanding about the law to the foreigners.

This legislation was prepared by staff of the Department of Energy Business. But is and unofficial translation authorized for reprint by the Department of Energy Business.