16 July 2010

(Unofficial Translation)

Fuel Trade Act, B.E. 2543¹
_________

BHUMIBOL ADULYADEJ, REX.
Given on the 15th day of November B.E. 2543 (2000);
Being the 55th Year of the present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that;

It was expedient to amend the law on fuel.

Authorized UnOfficial Translation

This Act has some provisions relating the restriction of the rights and liberty of individuals, but by implication of Section 29 in conjunction with Section 35, Section 48 and Section 50 of the Constitution of the Kingdom the restriction can be implemented by virtue of the law.

By and with the advice and consent of the Parliament, His Majesty the King graciously ordered the enactment of this Act as follows:

Section 1. This Act shall be called the 'Fuel Trade Act, B.E. 2543'.

Section 2. This Act shall come into force after the lapse of the sixty days period that commences from the date of its publication in the Government Gazette.

Section 3. The following shall be repealed:
1) Fuel Act B.E. 2521
2) Fuel Act (Vol. 2) B.E. 2522

Section 4. In this Act:
'Fuel' means liquefied petroleum gas, gasoline, aviation fuel, kerosene oil, diesel oil, fuel oil, lubricant, any other petroleum products used or able to be used as fuel or lubricant, natural gas, crude oil, or any other materials used or able to be used as raw materials in refinery or to produce the above said products. It shall include any other materials used or able to be used as fuel or lubricant provided by the ministerial regulations published in the Government Gazette.

'Fuel trader' means a person who trades in fuel by means of purchasing, importing into the kingdom or acquiring by any means whatsoever for distribution purpose and it shall include a person who refines or produces fuel. However, it shall not include concessionaire as specified in the Petroleum Act.

'Fuel transporter' means a person who conveys fuel which is not his for money payment by special vehicle for carrying fuel.

'Fuel service station' means a place where fuel is distributed to people by means of filling or putting in fuel container of vehicle, with oil meters in accordance with the law on weights and measures, permanently equipped; and also means a place where fuel is distributed to people as provided by the ministerial regulations.

'Annual trade volume' means volume of each type of fuel which has been imported into the kingdom, purchased, refined, produced, or acquired in a period of one year. It shall not include the volume that has been provided for keeping in reserve in accordance with the law.

'Year' means the calendar year.

'Competent officer' means a civil service officer appointed by the Minister to undertake actions in compliance with this Act.

'Director-General' means the Director-General of the Department of Commercial Registration, or the person assigned by the Director-General.

'Minister' means a Minister in charge of this Act.

Section 5. This Act shall have no effect upon ministries, agencies and departments.

Section 6. The Minister of Commerce shall have charge and control of the execution of this Act; and shall have power to appoint the competent officer, issue the ministerial regulations prescribing fees not exceeding the rates provided in the Annex of this Act, prescribe other activities and issue notification for executing this Act.

Such ministerial regulations and notifications shall come into force upon their publication in the Government Gazette.

Chapter 1
Fuel Trade and Transportation

Section 7. Any person is fuel trader having trade volume of each type of fuel or in all types altogether per year from one hundred thousands metric tons or upwards, or fuel trader of only liquefied petroleum gas having trade volume per year from fifty thousands metric tons or upwards shall have a license to operate fuel trading granted by the Minister.

Application for license, issuance of license and qualification of license holder shall be in accordance with the rules prescribed in the ministerial regulations.

Any person applying for being fuel trader under this Section shall not be the fuel trader whose trading license has been revoked under Section 34 and the period from the revocation date is less than one year, and the directors, managers or persons authorized to act on behalf of the applicant shall not be the directors, managers or persons authorized to act on behalf of fuel trader whose trading license has been revoked, and the period from the revocation date is less than one year.

Section 8. In issuance of the license under Section7, the Minister may set forth conditions relating any trading operation, as he thinks fit.

In necessary circumstance relating national security, prevention and remedy on fuel shortage, as well as determination and control of fuel quality, the Minister may issue alteration, change or additional conditions to the conditions that already have been prescribed. In case there is no condition set, the Minister may set forth conditions, as he thinks fit.

Section 9. Fuel trader under Section 7 wishing to stop his business operation as being approved shall notify the Minister at least 90 days in advance. In case there is fuel remaining under possession of such fuel trader at the date of closure, such person shall distribute all the remains of fuel within 90 days as from the date of closure.

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1. 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.