Petroleum Bill - Singapore Statutes Online

Petroleum Bill

Bill No. 25/1972

Read the first time on 2nd June 1972.

An Act to repeal and re-enact with amendments the provisions of the Petroleum Act (Chapter 256 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1. This Act may be cited as the Petroleum Act, 1972, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2.—(1) In this Act, and in any regulations made thereunder —

“Class A petroleum” means any petroleum whose flashpoint shall be less than 73° Fahrenheit (23° Centigrade) and includes liquefied petroleum gas;

“Class B petroleum” means any petroleum whose flashpoint lies between 73° Fahrenheit (23° Centigrade) and 150° Fahrenheit (66° Centigrade);

“Class C petroleum” means any petroleum whose flashpoint lies between 150° Fahrenheit (66° Centigrade) and 200° Fahrenheit (93° Centigrade);

“dwelling house” includes all buildings and open spaces appurtenant thereto;

“export”, with its grammatical variations and cognate expressions, means to take or cause to be taken out of Singapore by land, sea or air;

“import”, with its grammatical variations and cognate expressions, means to bring or cause to be brought into Singapore by land, sea or air;

“licensed place” means a place licensed for the storage of Class A, Class B or Class C petroleum;

“liquefied petroleum gas” means hydrocarbons derived from crude petroleum processes or from natural gas at normal atmospheric temperature and pressure but which may be readily liquefied under pressure and includes propane, propylene, butane, isobutane, butylene and mixtures of these gases;

“petroleum” includes crude petroleum, oil made from petroleum, or from coal, shale, peat or other bituminous substances and other products of petroleum;

“place” includes houses, yards and open spaces appurtenant thereto, buildings, footways, quays, landing stages, sea-walls, beaches and the banks of any river, canal or creek;

“the port” means any place in Singapore and any navigable river or channel leading into such places declared to be the port under section 3 of the Port of Singapore Authority Act (Cap. 173);

“transport” means to remove from any place or vessel to any other place or vessel within Singapore;

“vessel” includes any ship or boat or any other description of vessel used in navigation, and a hovercraft.

Exemption

(2) The provisions of this Act shall not apply to petroleum having a flashpoint in excess of 200° Fahrenheit (93° Centigrade).

Class A and Class B petroleum to be imported and exported at appointed places

3.—(1) No Class A or Class B petroleum shall be imported or exported except at the port or at such other place outside the port as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may impose conditions to the import and export of petroleum at such place outside the port as he thinks fit.

(3) Any person who imports or exports Class A or Class B petroleum at any place other than the port or at a place appointed by the Minister shall be guilty of an offence under this Act.

(4) For the purposes of this section no Class A or Class B petroleum contained on board any vessel in bunkers or storage spaces of an approved construction and used solely as the propelling power of such vessel shall be deemed to be imported or exported for the purposes of this Act.

Carriage of petroleum in ships

4.—(1) No vessel shall, outside the port, load or carry Class A or Class B petroleum, whether in the hold or on deck, except under the conditions and the instructions imposed by this Act or any regulations made thereunder.

(2) If any Class A or Class B petroleum is loaded or carried in any vessel in contravention of this section, the owner, the charterer, the master and the chinchew of such vessel shall each of them be deemed guilty of an offence under this Act and shall each be liable on conviction to a fine not exceeding four thousand dollars.

Transport of petroleum to be in accord ance with this Act

5.—(1) No person shall, outside the port, transport any Class A, Class B or Class C petroleum without a licence except under this Act or any regulations made thereunder.

(2) Any person who commits a breach of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars.

Restriction on transport of petroleum

6.—(1) No person shall, outside the port, transport Class A, Class B or Class C petroleum in excess of the quantities exempted from licensing in regulations made under this Act between 7.00 p.m. and 6.00 a.m. without the express permission (which may be general or special) of the Minister.

(2) Nothing in this section shall apply to Class A or Class C petroleum carried in the supply tank or a spare container of a motor vehicle for use in the propulsion thereof, or to any vessels, having petroleum on board as a cargo, lying in any river, canal or creek outside the port and waiting for daylight before proceeding.

(3) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding five hundred dollars.

Provisions regarding vessel outside port

7.—(1) No vessel, outside the port, shall remain in any river, canal or creek for a longer time than is reasonably necessary for loading or unloading, and in no case between the hours of 7.00 p.m. and 6.00 a.m. if it has on board as cargo, whether for transport or storage, any Class A petroleum.

(2) No vessel, outside the port, shall remain in any river, canal or creek for a longer time than is reasonably necessary for loading or unloading if it has on board, either as cargo or otherwise, more than the quantum of Class B petroleum that may be transported without a licence as prescribed in regulations made under this Act.

(3) This section shall not apply to vessels, the propelling power of which is obtained by Class A or Class C petroleum, if the receptacles for the storage of such Class A or Class C petroleum are of an approved or accepted construction.

(4) Any person who contravenes the provisions of subsections (1), (2) and (3) of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars.

Class A, Class B and Class C petroleum not to be permitted to remain on quay

8.—(1) No person shall place or permit to remain on any quay, bank or other place outside the port any Class A, Class B or Class C petroleum for a longer time than is reasonably necessary for the loading or unloading thereof in connection with its transport, and in no case between 7.00 p.m. and 6.00 a.m.

(2) Any person who contravenes the provisions of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars.

Licence for the storage or keeping of any Class A, Class B or Class C petroleum

9.—(1) No person shall, outside the port, store or keep any Class A, Class B or Class C petroleum in any place without a licence and except under and in accordance with this Act or any regulations made thereunder.

(2) Any person who commits a breach of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars and in the case of a continuing offence to a further fine of not exceeding one hundred dollars for every day during which the offence is continued after conviction.

Appointment of Licensing Officer

10.—(1) The Minister may appoint by name or office an officer to be styled the Licensing Officer under this Act.

(2) The Licensing Officer may at his discretion grant licences for the keeping of larger quantities of petroleum than are specified in regulations made under this Act.

(3) Such licences may be granted subject to such regulations as may be made and to such conditions as the Licensing Officer may think fit.

(4) Every licence shall set out the quantity of Class A, Class B or Class C petroleum which may be kept and the conditions on which the licence is granted.

(5) Every licence shall be valid for a period not exceeding twelve months, and shall expire on the last day of such period if it has not been earlier revoked or suspended.

(6) Licence fees shall be paid to the Licensing Officer according to such scales as the Minister may by regulations prescribe.

(7) If at any time it appears to the Licensing Officer that the licensed place has become unfit for the purposes for which it was licensed, or if the person to whom such licence is granted commits a breach of any of the conditions of such licence, the Licensing Officer may cancel the same without notice and without compensation.

(8) Any person aggrieved by any decision of the Licensing Officer in granting, refusing or cancelling any licence may appeal against that decision to the Minister whose decision thereon shall be final.

Appointment of inspectors

11.—(1) The Minister may appoint such number of inspectors for the purposes of this Act and for such periods as he considers necessary.

(2) Such inspectors shall be deemed to be public servants within the meaning of the Penal Code (Cap. 103).

Powers of inspectors

12.—(1) Any inspector under this Act may —

(a)	board any vessel having or believed to have Class A, Class B or Class C petroleum as cargo;
(b)	inspect, examine and test all Class A or any petroleum or substance believed to be petroleum on board such vessel;
(c)	stop and examine any vehicle where he has reason to believe that Class A, Class B or Class C petroleum is being transported in excess of quantities prescribed by regulations made under this Act;
(d)	examine and test any petroleum or substance believed to be petroleum stored on land;
(e)	take samples of petroleum; and
(f)	enter any place where he has reason to believe that Class A, Class B or Class C petroleum is kept in excess of quantities prescribed by regulations made under this Act.

(2) Any officer authorised by the Minister for the purpose or any police officer not below the rank of sergeant may board any ship or vessel for the purpose of ascertaining whether any breach of this Act is being or has been committed.

Obstructing officers in the execution of their duty

13. Any person who refuses any inspector, officer authorised under subsection (2) of section 12 of this Act or police officer access to any place, vessel or vehicle or otherwise hinders him in the performance of his duty, or refuses or neglects to give any information which is reasonably required of him and which he has it in his power to give or which he is required by this Act to give shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand dollars.

Inspector may make forcible entry

14.—(1) When any place or vessel liable to inspection is closed, any person residing in or being in charge of such place or vessel shall, on demand of any inspector, police officer or authorised officer, allow him free entry thereto and afford all reasonable facilities for a search therein.

(2) If entry to such place or vessel cannot be obtained any inspector may —

(a)	break open any outer or inner door or window of any place or vessel;
(b)	forcibly enter such place or vessel and every part thereof; or
(c)	remove by force any obstruction to such entry or search.

(3) Any person who refuses any such entry or in any way prevents or obstructs any inspector, police officer or any authorised officer in effecting an entrance or search under this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment and may be arrested by the inspector making or desiring to make such search without warrant.

Flashpoint of Class B petroleum to be ascertained

15. No Class B petroleum shall, after it has been landed, be distributed until its flashpoint has been ascertained by an inspector appointed under section 11 of this Act.

Adulteration of petroleum prohibited

16.—(1) No person shall sell or expose for sale or have in his possession for sale any Class A, Class B or Class C petroleum which is adulterated in any way so as not to conform to such standard as is prescribed.

(2) Any person who commits a breach of this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding three thousand dollars.

No repair without certification

17.—(1) No repairs involving hot work to any vessel, tank or installation which has contained Class A or Class B petroleum shall be begun or carried out unless such tank installation has been certified free from flammable vapour by an inspector appointed under section 11 of this Act.

(2) The term “hot work” shall mean any repair or alteration involving grinding, drilling, rivetting, welding burning or other fire, spark or heat producing operation.

No vessel to enter port without certification

18. No vessel that has carried Class A or Class B petroleum as the whole or part of her cargo shall enter the port, except to anchor at an anchorage designated as a place of inspection for petroleum carrying vessels, unless an inspector has certified that he has examined every accessible part and that the vessel is, in his opinion, free from flammable vapour.

Power of Minister to make orders

19.—(1) The Minister may make orders directing that this Act or any part thereof shall apply to any flammable oil or liquid, and specifying the quantity which may be kept or stored without a licence, and thereupon this Act or part thereof specified in such order shall, during the continuance of such order, apply to such flammable oil or liquid.

(2) The Minister may make orders exempting either conditionally or absolutely any place, vehicle or vessel from all or any of the provisions of this Act or any regulations made thereunder.

Arrest without warrant

20.—(1) Any inspector appointed under this Act or any police officer may arrest without warrant any person offending in his opinion against any of the provisions of this Act.

(2) All offences under this Act shall be tried by a District Court or a Magistrate’s Court.

Regulations

21.—(1) The Minister may make regulations for the purposes of carrying out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing, such regulations may be made in respect of the following purposes: —

(a)	the tests to be applied to all petroleum to ascertain its flashpoint and the methods of applying the same;
(b)	to determine the standard of Class A, Class B or Class C petroleum or any of the various liquids referred to in section 2 of this Act;
(c)	to regulate the licensing and management of places for storing Class A, Class B and Class C petroleum;
(d)	to regulate the quantities of petroleum that may be stored and the manner in which it is to be stored;
(e)	to regulate the discharging and landing of Class A and Class B petroleum outside the port;
(f)	to regulate the transport of Class A, Class B and Class C petroleum outside the port;
(g)	to determine the quantity of, mode of storage of, and the receptacles in which, Class A, Class B or Class C petroleum may be carried in any vessel or vehicle, and in both case the quantities to be contained in such receptacles;
(h)	to determine the construction and materials of any place in which Class A, Class B or Class C petroleum may be stored;
(i)	to regulate the method in which Class A, Class B or Class C petroleum shall be stored in any place;
(j)	to determine the materials and appliances to be used for preventing or extinguishing fire in any place;
(k)	to make provisions for the protection of premises adjacent to licensed places;
(l)	to provide for labelling, attached to or near receptacles containing petroleum, to denote the type of flammable liquid or substance carried together with precautionary notices;
(m)	to determine the conditions and restrictions to be imposed upon vessels arriving at the port after having carried Class A or Class B petroleum as part or whole of their last cargo;
(n)	to fix fees for the licences and permits issued under this Act; and
(o)	to provide and attach to any licence, if necessary, conditions to be observed by persons employed at the premises to which the licence relates.

(3) Any regulations made under the provisions of this section may prescribe that any act or omission in contravention of the provisions of any regulation shall be an offence and may provide for the imposition of penalties for such offences which penalties shall not exceed a fine of two thousand dollars and in the case of a continuing offence a fine not exceeding two thousand dollars and a further fine of five hundred dollars for every day during which the offence is continued after conviction.

(4) All regulations made under this Act shall be published in the Gazette and shall be presented to Parliament as soon as may be after publication.

Penalty where not otherwise provided

22. Any person who commits a breach of any of the provisions of this Act, for which no penalty is specially provided, shall be liable on conviction to a fine not exceeding five thousand dollars.

Confiscation of stock

23. Any stocks of petroleum in respect of which an offence has been committed under sections 5, 9 and 16 of this Act or under any regulations made thereunder shall be confiscated and shall be disposed of in any manner the Minister thinks fit, and the proceeds, if any, of such disposal shall be paid into the Consolidated Fund.

Transitional provisions

24. Any scheme, contract, document, licence, permission or resolution prepared, made, granted or approved under the Petroleum Act repealed by this Act or any by-laws, regulations and rules made thereunder, shall, except where otherwise expressly provided in any other written law, continue and be deemed to have been prepared, made, granted or approved, as the case may be, under this Act (Cap. 256).

Repeal

25. The Petroleum Act (Cap. 256) is hereby repealed.

Search within Legislation