*PETROLEUM (SAFETY MEASURES) ACT 1984

placing the pipeline or a length of pipeline, inspection, maintaining, adjusting, repairing, altering or renewing a pipeline or a length of pipeline, changing the position of a pipeline or a length of pipeline, or removing a pipeline or a length of pipeline onshore or offshore; and

breaking up or opening land for the purpose of works mentioned in the foregoing paragraph and tunnelling or boring for those purposes and other works requisite for or incidental to those purposes onshore or offshore;

“port” means—

a port or place declared to be a port under the Merchant

Shipping Ordinance 1952 [Ord. 70 of 1952];

a place prescribed as a port under the Merchant Shipping

Ordinance 1960 of Sabah [Sabah Ord. 11 of 1960], the

Merchant

Shipping

Ordinance 1960

of

Sarawak

[Swk. Ord. 2 of 1960] and regulations made thereunder;

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the area declared under section 3 of the Declaration of an

Area in the Bintulu District to be a Federal Port Act 1979

[Act 217] to be Bintulu Port;

“port officer” means a port officer as defined under the Merchant

Shipping Ordinance 1952, the Merchant Shipping Ordinance 1960 of

Sabah and the Merchant Shipping Ordinance 1960 of Sarawak;

“storage” includes the processing, dispensing or transfer of petroleum; the action of putting into store, or stacking at a place or in an aircraft, motor vehicle, motor trailer or vessel;

“Surveyor of Ships” means a Surveyor of Ships appointed under section 10 of the Merchant Shipping Ordinance 1952, section 130 of the Merchant Shipping Ordinance 1960 of Sabah and section 130 of the Merchant Shipping Ordinance 1960 of Sarawak and shall include the Surveyor-General of Ships;

“transportation” means the action of taking petroleum from any place or vessel to any other place or vessel by any means or mode of transportation such as land, air and water and includes conveyance by pipelines, both onshore or offshore, on land or underground, in water or underwater;

“utilization” means the action of utilizing or the fact of being utilized and includes facilitating or performing any such act where petroleum or petroleum product is involved;

“vessel” includes every kind of vessel whether propelled by machinery or sails, hulk, junk, boat, sampan or any kind of craft used for the conveyance of persons or things by water or for storage.

The Minister may by order amend, vary, delete from or add to the Schedule.

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If any person contravenes any provision in this Part or any regulation made under this Part, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit and in the case of a continuing offence he shall be liable to a further fine, not exceeding one thousand ringgit for each day or part of a day on which the offence occurs or continues after the first day in respect of which the conviction is recorded:

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Provided that in the case of any contravention of any provision of this Part or any requirements of any regulation made under this Part relating to Class IA or Class IB petroleum, any person guilty of such offence shall be liable on conviction to a fine not exceeding fifteen thousand ringgit and to a further fine not exceeding two thousand ringgit for each day or part of a day on which the offence occurs or continues after the first day in respect of which the conviction is recorded.

The Minister may, in respect of any place appointed by him under subsection (1), appoint such persons as he thinks fit to exercise the powers of, and to carry out the duties and functions of a port officer as set out under this Act or any regulations made thereunder.

Entry into ports of vessels carrying petroleum

A permission given by the port officer under this section shall contain such conditions as in the circumstances of the case appear to him to be reasonable.

The master of the vessel who enters any port in contravention of this section, or any of the conditions of the permission, shall be guilty

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of an offence and shall on conviction be liable to a fine not exceeding fifteen thousand ringgit and the petroleum in respect of which the offence is alleged to have been committed may be seized and shall be liable to forfeiture.

Notification to Inspector of vessel coming into port

In the event of any contravention of subsection (1), the master, owner, and agent of such vessel shall each be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit each.

Permission of port officer to unload or discharge petroleum from vessel

(Deleted by Act A807).

Any person who unloads or discharges any petroleum or permits the same to be so unloaded or discharged in contravention of this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit, and the petroleum in respect of which the offence is alleged to have been committed may be seized and shall be liable to forfeiture.

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Unloading or discharging of petroleum

(Deleted by Act A807).

Any person who commits a breach of this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit and the petroleum in respect of which the offence is alleged to have been committed may be seized and shall be liable to forfeiture.

Restriction on loading, unloading and discharging, of petroleum between sunset and sunrise

Any person who commits a breach of this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit and the petroleum in respect of which the offence is alleged to have been committed shall be seized and shall be liable to forfeiture.

Direction of the port officer in respect of vessels carrying petroleum

In default of compliance with any such order, the master of such ship shall be guilty of an offence and shall be liable on conviction to a fine not exceeding twenty thousand ringgit.

Loading or carriage of petroleum

If any petroleum is loaded or is carried in any vessel in contravention of this section, the owner, master, and agent of such vessel shall each be guilty of an offence and be liable on conviction to a fine not exceeding ten thousand ringgit.

Remaining in any port, etc., without permission

Vessels, the propelling of which is obtained by Class I or

Class II petroleum, shall not be subject to this section if the receptacles or containers for the storage of such classes of petroleum are approved by a Surveyor of Ships.

Any person who commits a breach of this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.

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Placing on any quay, bank, etc., any petroleum

Any person who commits a breach of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand ringgit.

The Minister shall have power to grant or to refuse an application for pipeline works authorization under subsection (1).

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(Deleted by Act A807).

If, after a pipeline works authorization has been granted and the works so authorized have not been substantially begun at the expiration of twelve months from the date on which it was granted or at the expiration of any extension of that period as allowed by the Minister, the authorization shall be of no effect, except as regards works previously executed.

Emergency pipeline works

Where the Minister is satisfied that the pipeline works executed pursuant to this section do not meet the safety measures and standards enforceable under this Act and regulations made thereunder or the route taken is not conducive to the safety of life or property, he may require rectification of the same within such time as may be specified by him in writing.

Offences relating to unauthorized pipeline works

For the purpose of this section, the terms “gas”, “consumers”

and “pipelines” shall have the same meaning assigned to them respectively by the Gas Supply Act 1993.

Subsection (1) shall not apply in respect of any person acting lawfully under the supervision or instruction of a person in possession of a valid petroleum handling licence issued under this Act.

For the purposes of this Act, the Minister hereby authorizes the following to grant or refuse petroleum storage or petroleum handling licences under this section—

For the purpose of the application of subsection (2) to the

Federal Territories of Kuala Lumpur and Labuan, “State Authority”

means the Minister charged with the responsibility for local government.

The occupier of any premises in which petroleum is stored or handled in contravention of this section or any condition of a petroleum storage or petroleum handling licence granted under this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit and to a further fine of two thousand ringgit for each day or part of a day on which the contravention occurs or continues and any petroleum, and any tools, apparatus or containers in which it is contained may be seized and shall be liable to forfeiture.

A petroleum storage or petroleum handling licence granted under this section shall be in force for such time as specified in the licence and shall contain such conditions as may be necessary, in particular, conditions as to the mode of storage, the nature and situation of the premises in which, and the nature of goods with which, petroleum is to be stored, the manner of handling petroleum, the facilities of testing petroleum from time to time and generally as to the safe-keeping of petroleum.

Where conditions to be observed by person employed are attached to any such petroleum storage or petroleum handling licence, the occupier of the premises to which the licence relates shall cause to be kept posted on the premises, in such form and in such position as to be easily read by the persons employed on the premises, a notice setting out those conditions, and—

is kept at any place;

is sent or conveyed between any two places in Malaysia; or

is sold or exposed or offered for sale, there shall be attached to, or, where that is impracticable, displayed near the container or receptacle containing the petroleum, a label showing such information or description as may be prescribed by regulations including the following:

in the case of petroleum kept, the name and address of the consignee or owner;

Any person who keeps, sends, conveys, sells or exposes or offers for sale any petroleum in contravention of this section or any regulation made thereunder shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit, and

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petroleum in respect of which the offence was committed and any vessel in which it is contained may be seized and shall be liable to forfeiture or dealt with in any manner as the court thinks fit.

Power of Minister to make regulations in special circumstances

If any person contravenes or attempts to contravene any of the regulations made under this section, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand ringgit and to a further fine of one thousand ringgit for each day or part of a day during which the offence is continued, and petroleum in respect of which the offence was committed and any vessel in which the petroleum was contained may be seized and shall be liable to forfeiture or dealt with in any manner as the court thinks fit.

Notice of accident involving petroleum

If any such occupier as aforesaid fails to comply with any provision of this section, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand ringgit.

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Inquiry into accidents involving petroleum

The Minister may, by the same order referred to in subsection (1) or by any subsequent order, appoint any person or persons possessing legal or special knowledge to assist the person so appointed under subsection (1) to hold the inquiry.

Any person conducting an inquiry under this section may if he deems it fit to do so, open the inquiry or any part of the inquiry to the public and shall conduct the inquiry in such manner and under such conditions as he considers most effective for ascertaining the cause and circumstances of the accident and to enable him to make a report to the

Minister.

When acting pursuant to subsection (3), such person may—

Where the person holding the inquiry is satisfied that—

Where a certificate is given under subsection (5), the High Court may inquire into the case and, if it is satisfied that the person to whom the certificate relates has, without reasonable excuse, failed to attend or refused or failed to comply with a requirement as mentioned in the certificate—

insult a person holding an inquiry under section 23 in the performance of his functions or in exercise of his powers as such person at a hearing conducted by him;

interrupt a hearing before such person holding the inquiry; or

do any other act that would, if the person holding the inquiry were a court, constitute contempt of that court.

A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a term of imprisonment not exceeding three months or a fine not exceeding two thousand ringgit or both.

Protection against suits for persons conducting inquiry

An advocate and solicitor or other person appearing on behalf of a person at a hearing conducted under section 23 has the same protection and immunity as an advocate and solicitor appearing for a party in proceedings in the High Court.

Subject to this Act, a person summoned to attend or appear at such hearing as a witness has the same protection as a witness in proceedings in the High Court.

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Evidence not admissible in civil or criminal proceedings

95 litres or less of Class IA petroleum;

450 litres or less of Class IB, IC, Class II or III petroleum;

225 litres or less of Class IB, IC, Class II or Class III petroleum in one portable tank;

a supply of one day or less necessary for industrial use; and

50 kilograms or less of liquefied petroleum gas in cylinders awaiting use in domestic premises:

Provided that the containers or receptacles in which such petroleum is stored shall be subject to any provision of this Act or regulations made thereunder pertaining to the design and specifications of such containers or receptacles.

Part VI not applicable to licensee under Gas Supply Act 1993

For the purpose of this section, the terms “gas”, “consumers”

and “pipelines” shall have the same meaning assigned to them respectively by the Gas Supply Act 1993.

“Approved type” means any equipment, gadgets, materials, plants, appliances, buildings, structures and installations or any part thereof of similar design and specifications as those specified in the list of equipment, gadgets, materials, plants, appliances, buildings, structures and installations declared by the Minister as equipment tested and found safe and suitable for such use and as modified, varied or altered from time to time under section 29.

For the purpose of ensuring due compliance with this section, such person or authority specified in the order may conduct such tests or such methods of verification as it deems necessary on any equipment, gadgets, materials, plants, appliances, buildings, structures and installations or any part thereof in any premises.

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any part thereof including their design and specifications shall be issued.

Whereas result of any modification, variation or alteration referred to under subsection (1), the use of any previously approved equipment, gadgets, materials, plants, appliances, buildings, structures and installations or any part thereof is rendered contrary to section 28, no such equipment, gadgets, materials, plants, appliances, buildings, structures and installations or any part thereof shall be used unless rectified in accordance with the requirements of such modification, variation or alteration and subject to such period of rectification as may be allowed by the Minister.

Offences

In relation to equipment, gadgets, materials, plants, appliances, buildings, structures and installations or any part thereof used or intended to be used for domestic purposes, the provisions of this Part shall apply only to persons who sell or offer for sale any such equipment, gadgets, materials, plants, appliances, buildings, structures and installations or any part thereof.

Any application for an approval referred to under subsection (1)

shall be made in writing to the Minister within ninety days from the date of publication in the Gazette of a declaration under section 28 in respect of that particular equipment, gadget, material, plant, appliance, building, structure or installation or any part thereof, as the case may be.

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For the purpose of this section “licensed premises” means premises licensed to store petroleum under any of the laws referred to under section 48.

Rectification of equipment, etc., in licensed premises

Any power delegated under this section shall be revocable at will by the person or authority granting it.

Appointment of Inspectors

An Inspector shall have power to make such examination or inquiry as may be necessary to ascertain whether the provisions of this

Act or of any regulation made thereunder are complied with, and for that purpose he—

The occupier of any such premises aforesaid, his agent and any person employed by him shall furnish the means required by an

Inspector as being necessary for such entry, inspection and examination which he is entitled under this Act to make.

If any person fails to permit an Inspector to enter, inspect or examine as aforesaid, or to comply with any such requisition of an

Inspector as aforesaid or in any manner obstructs such Inspector in the execution of his duty, that person shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

For the purpose of this section, “premises” include all vessels and vehicles referred to under Part II, Part III and Part IV.

Samples and tests

may take samples of any petroleum from any dealer therein or from any person who keeps petroleum for the purposes of any trade or industry, or may on producing a copy of his authorization in the case of an officer authorized by any person or authority referred to under section 19, require the dealer or other persons to show him every place and any containers or receptacles in which petroleum in his possession is kept and to give him samples of such petroleum on payment of the value thereof; and

may test or cause to be tested at any convenient place and at such reasonable time as he may appoint, any samples so obtained by him.

Free and unobstructed ingress, etc.

If ingress to such place is not obtained, any such Inspector or police officer may—

the apparatus or premises so licensed, permitted or approved has become unfit for the purpose for which it was licensed, permitted or approved;

the person to whom such licence, permit, approval or extension was granted has committed a breach of any of the conditions of such licence, permit, approval or extension, or

the continuance of the licence, permit, approval or extension is against public safety, call upon the holder of the licence, permit, approval or extension to show cause why his licence, permit, approval or extension should not be revoked.

A person called upon to show cause under subsection (1)—

If after the hearing, the person or authority as the case may be, is of opinion that the person called upon to show cause has failed to do so, such person or authority may notwithstanding any criminal proceedings that may be brought against the person called upon to show cause, revoke his licence, permit, approval or extension.

Subsection (1) shall not prejudice the power of the person or authority referred to therein, to suspend the licence, permit, approval or extension pending the hearing to show cause, if such person or authority considers such an action to be expedient and necessary in the circumstances of the case.

Appeal to Minister

On appeal, the Minister may receive such evidence as he may consider necessary and may confirm, annul or vary the decision or conditions made by or imposed by the person or authority granting the licence, permit or approval.

For the purpose of providing any advice or assistance that the

Minister may require to enable him to consider any appeal under subsection (1), the Minister may appoint such officer or officers of technical and other appropriate skills, as he may deem necessary and such officer or officers shall have powers to inspect any premises to enable him or them to effectively advise or assist the Minister.

Power of Minister to exempt

Without prejudice to the provisions of subsection (1), the

Minister may by order exempt from all or any provision of this Act or regulations made thereunder any petroleum under the control of—

to prescribe the tests to be applied to all petroleum to ascertain its flash point, and the methods of applying the same;

to determine the classification of petroleum or any of the various liquids referred to in section 2;

to regulate the licensing and management of places for storing petroleum;

to regulate the loading and unloading and discharging of petroleum;

to regulate the safety of transport of petroleum;

to prescribe the construction and materials of any place in which petroleum may be stored;

to regulate the method in which petroleum shall be stored;

to prescribe the procedure, equipment, materials, appliances and gadgets to be used for preventing or extinguishing fire in any place;

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to make provision for the protection of premises adjacent to licensed places;

to prescribe the conditions and restrictions to be imposed upon vessels arriving at any port after having carried petroleum as part or whole of their last cargo;

to fix fees for the licences and permits issuable under this Act or any regulations made thereunder;

(Deleted by Act A807);

to prescribe the petroleum anchorage in any port;

to prescribe the standard and methods for construction and materials used for pipelines;

to prescribe the qualifications to be possessed by persons before they may be placed in charge or entrusted with the care or management of specified installations or before they can proceed to carry out specified work connected with petroleum or petroleum products;

to prescribe the nature of training, examinations and tests for the award of the certificates in paragraph (o) above, the form of such certificates, the manner and issue thereof, and the fees to be paid for such examination and certificates and to prescribe the manner and circumstance in which the certificate may be modified, suspended or cancelled; and

generally for carrying out the purpose of this Act.

Power of Minister to prescribe codes of practice

Upon publication of such codes of practice in the Gazette, such codes of practice shall have the force of law and shall become regulations under this Act.

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Fees collected

Any regulations, rules, orders or notifications made under the laws referred to under subsection (1) shall, in so far as they are not inconsistent with this Act, remain in force until revoked or replaced by subsidiary legislation made under this Act.