19 February 2010
ACT ON OFFENCES RELATING TO OFFSHORE PETROLEUM PRODUCTION PLACES B.E. 2530 (1987)
BHUMIBOL ADULYADEJ, REX.
Given on the 31st Day of October B.E. 2530;
Being the 42nd Year of the present Reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to have a law on offences relation to offshore petroleum production places;
Be it, therefore, enacted by the King, by and with the advice and consent of the National Assembly, as follows:
Section 1. This Act is called the "Act on offences Relating to Offshore Petroleum Production Places, B.E. 2530".
Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette.*
Section 3. All other laws, by-laws and regulations in so far as they deal with matters provided herein or are contrary hereto or inconsistent herewith shall be replaced by this Act.
Section 4. In this Act:
"petroleum" means petroleum under the law on petroleum;
"offshore petroleum production place" means single or more installations constructed or installed temporarily or permanently in the exclusive economic zone or the continental shelf of the Kingdom of Thailand for the purposes of producing or facilitating the production of petroleum, and includes a ship, floating platform or any other structure existing regularly and being part of the production of petroleum or facilitating the production thereof in the exclusive economic zone or the continental shelf;
"safety zone" means the zone surrounding an offshore petroleum production place at the distance of five hundred metres as measured from each point of the outer edge of the offshore petroleum production place in accordance with international law;
"preliminary investigation and inquiry" means a search for facts and evidence, the collection of evidence or other proceedings conducted by the naval official according to the provisions of this Act in connection with and alleged offence, for the purpose of ascertaining the facts or the particulars of the offence or establishing the guilt or securing the delivery of the offender to the inquiry official;
"sabotage" means an act of sabotage under the law on civil defence;
"naval official" means the naval commissioned officer holding the position of the Commanding Officer, Commander of Task Unit, Commander of Task Group, Commander of Task Force, Commander of Royal Thai Marine Corps, Commander-in-Chief of Royal Thai Fleet or Commander-in-Chief of the Royal Thai Navy or other positions published in the Government Gazette by the Commander-in-Chief of the Royal Thai Navy as the equivalent thereof, and the naval commissioned officers specifically appointed and published in the Government Gazette by the Commander-in-Chief of the Royal Thai Navy.
Section 5. The Ministry of Industry shall have the power to issue the Notifications:
(1) determining or cancelling the locations and the safety zones of the offshore petroleum production places;
(2) determining or cancelling the zones of pipelines including the accessories thereof utilized in the petroleum production process which link the offshore petroleum production places outside the safety zones.
The Notifications under paragraph one shall be published in the Government Gazette.
Section 6. The offshore petroleum production place and the safety zone shall be deemed to be located within the Kingdom.
The commission of an offence under Thai laws occurring on, over or under an offshore petroleum production place or in a safety zone shall be deemed to be committed within the Kingdom.
The inquiry official under the Criminal Procedure Code shall have the power to hold an inquiry in all the criminal cases under paragraph two. An inquiry official of which locality will be the responsible inquiry official for conducting the inquiry shall be prescribed in the Notification of the Minister of Interior.
Section 7. The naval official shall have the power to conduct the preliminary investigation and inquiry for preventing and suppressing the acts constituting sabotage against an offshore petroleum production place.
Section 8. For the benefit of the performance of the duty under section 7, the naval official shall have the power to conduct the preliminary investigation and inquiry in regard to the acts constituting the following offences under the Penal Code which have been committed on, over or under the offshore petroleum production places or in the safety zones:
(1) offences relating to public administration as provided in section 136 to section 146;
(2) offences relating to public peace as provided in section 209 to section 216;
(3) offences relating to public security as provided in section 217 to section 226 and section 231;
(4) offences against life and body as provided in section 288 to section 290 and section 295 to section 298;
(5) offences against liberty and reputation as provided in section 303, section 310, section 313 to section 315 and section 322 to section 324;
(6) offences against property as provided in section 334, section 355, section 336 to section 339, section 340, section 340 ter, section 357 to section 360, section 362, section 364 and section 365.
Section 9. Navigation in a safety zone must obtain permission in writing from the Director-General of the Department of Mineral Resources or the person entrusted by him, except in case of necessity on account of force majeure or coming across serious danger.
In making such permission, any condition may also be prescribed.
The provisions of paragraph one shall not apply to the ships of the Government, the ships of a petroleum concessionaire in such locality and the ships of a contractor who has concluded an overall contract with a petroleum concessionaire in such locality.
Section 10. In the case where the zone of pipelines including the accessories thereof utilized in the petroleum production process under section 5(2) is determined in the Notification or where the area of the petroleum pipeline system under the law on Petroleum Authority of Thailand has been announced, no person shall drop or drag an anchor or carry out any act likely to endanger the pipelines utilized in the petroleum production process, or the pipelines utilized in the petroleum transport system from an offshore petroleum production place to onshore, or the pipelines utilized in or being part of the petroleum production process which link the offshore petroleum production places and which are located outside the safety zones, including the accessories thereof.
A person shall not navigate across the pipelines or the accessories thereof under paragraph one without showing anchor above water to such an extent that it can be seen.
The commission of an offence under this section shall be deemed to be committed within the Kingdom.
Section 6 paragraph three shall apply mutatis mutandis to an inquiry in regard to the commission of an offence under this section.
Section 11. The naval official shall have the power to conduct the preliminary investigation and inquiry in regard to the commission of an offence under section 9 or section 10.