Meta Data

Draft:

Revision of previous policy?:

Yes

Effective Start Year:

2007

Scope:

National

Document Type:

Act

Economic Sector:

Energy

Energy Types:

Oil, Gas

Issued by:

The Royal Thai Government (RTG)

Source:

Department of Energy Business, Ministry of Energy

File:

Fuel Oils Control Act (No. 2), B.E. 2550 (2007)

Overall Summary:

This Act provides for Amendments to the previous Fuel Oil Act B.E. 2542. In the text, the Fuel Oil definition includes: Natural gas, liquefied petroleum gas, crude oil, benzene oil, aviation fuel oil, kerosene/paraffin, diesel oil, furnace oil and lubricating/engine oil.

Governance

National policy structure:

Section 4: The definition of the term “Fuel Oil” in Section 4 of the Fuel Oils Control Act, B.E. 2542 shall be repealed and superseded by the following: “Fuel Oil” means: (1) Natural gas, liquefied petroleum gas, crude oil, benzene oil, aviation fuel oil, kerosene/paraffin, diesel oil, furnace oil and lubricating/engine oil. (2) Other substance(s) used or which may be used as raw materials for the distillation or production activities in order to acquire a product which will or may, be used as fuels or lubricants, or other substance(s) which will or may, be used as fuel(s) or lubricant(s) as prescribed by the Minister in the Government Gazette”.

Energy institutional structures:

A committee shall be formed called “The Fuel Oils Control Committee”[...].

Full Document Text

(Translation)

Fuel Oils Control Act (No. 2), B.E. 2550

………………………………..

WHEREAS it is deemed expedient to revise laws governing control of fuel oils,

There are certain provisions in this Act which involve limitation of individual rights and freedom permitted by Section 29 in conjunction with Sections 33, 41 and 43 of the Constitution of the Royal Kingdom of Thailand, by force of law,

………………………………………………………………………..…………………

…………………………..

Section 1: This Act will be called the “Fuel Oils Control Act (No. 2), B.E. 2550”.

Section 2: This Act shall come into force from the day following its publication in the Government Gazette.

Section 3: The Revolutionary Council’s Announcement No. 28 dated December 29th, B.E. 2514 (1971) shall be forthwith rescinded.

Section 4: The definition of the term “Fuel Oil” in Section 4 of the Fuel Oils Control Act, B.E. 2542 shall be repealed and superseded by the following:

“Fuel Oil” means:

(1) Natural gas, liquefied petroleum gas, crude oil, benzene oil, aviation fuel oil, kerosene/paraffin, diesel oil, furnace oil and lubricating/engine oil.

(2) Other substance(s) used or which may be used as raw materials for the distillation or production activities in order to acquire a product which will or may, be used as fuels or lubricants, or other substance(s) which will or may, be used as fuel(s) or lubricant(s) as prescribed by the Minister in the Government Gazette”.

Section 5: The definition of the term “Fuel Oil Depot” in Section 4 of the Fuel Oils Control Act, B.E. 2542 shall be repealed and superseded by the following:

“Fuel Oil Depot” means premises used for storage of fuel oils in the quantity or type of operations as prescribed by Ministerial Regulations and include their surrounding areas as defined under the License as being the fuel oil depot’s boundary as well as structures, tanks, pipelines and various related equipment or appliances including premises used for storage of fuel oil to be used as raw materials in the production process of a distillery or fuel oil production facility”.

Section 6: The following provision shall be added as paragraph three of Section 7 of the Fuel Oils Control Act, B.E. 2542:

“The Ministerial Regulations under paragraph one may provide technical details or information on things to be changed with speed in the interest of safety to ensure that they are in line with criteria prescribed by the Minister in the Government Gazette. [”]

Section 7: The provision of Section 8 of the Fuel Oils Control Act, B.E. 2542 shall be repealed and superseded by the following:

“Section 8: A committee shall be formed called “The Fuel Oils Control Committee” consisting of the Energy Permanent Secretary who will serve as Chairman of the Committee, the Commander of the National Police Authority, Director-General of the Water Transportation and Merchant Navy Department, Director-General of the Land Transportation Department, Director-General of the Pollution Control Department, Director-General of the Department of Prevention and Relief of Natural Disasters, Director-General of the Public Works and Town Planning Department, Director-General of the Industrial Works Department, Director of the Office of Policy and Planning on Transportation and Traffic, Director-General of the Office of Planning and Energy Planning, representative of the Chamber of Commerce of Thailand, representative of the Industrial Council of Thailand and another six qualified individuals appointed by the Cabinet.

The Director-General of the Energy Businesses Department shall serve as a member of this Committee as well as its secretary and will appoint not more than two of the Department’s officials as assistant secretary(ies).

Qualified members of the Committee appointed by the Cabinet under paragraph one must not be advisors to any political party nor hold any political post as well as not being an officer of a political party. S/he must possess pertinent knowledge, experiences and work performance and experiences in the areas of Sciences, Engineering, the Environment, laws governing fuel oils control and fuel oil businesses, with one being appointed from each sector and at least two appointed from qualified individuals working in public organizations in the areas of protection of health/hygiene, safety or the Environment”.

Section 8: Paragraph two of Section 17 of the Fuel Oils Control Act, B.E. 2542 shall be forthwith rescinded.

Section 9: The provision of (3) of Rates of Fees attached to the Fuel Oils Control Act, B.E. 2542 shall be repealed and superseded by the following:

“(3) Application to use tanks or containers to fill or transport fuel oils: fees will be charged pursuant to the volume of the liquids, or equivalent weight if packed in containers or fuel oils transported

in the form of gas:

(a) not exceeding 100,000 litres. volume: Bt 4,000/tank.

(b) exceeding 100,000 lt. volume:

a fee of Bt 400 will be charged for every 10,000 lt. volume.

Fraction of 10,000 lt. will be charged as 10,000 lt”.

Section 10: Application for, or grant of, any license or that taken pursuant to the Revolutionary Council’s Announcement No. 28 dated December 29th, B.E. 2514 (1971) shall be construed as the application for and grant of license pursuant to the Fuel Oils Control Act as revised herein.

Section 11: While the following declarations are not yet in force, i.e. Ministerial Regulations, Notifications, Rules, Orders, Regulations or Terms issued or prescribed pursuant to the Fuel Oils Control Act, B.E. 2542 as revised herein with specific reference to the packing of gas under 2 and relating to Ministerial Regulations issued by virtue of 3 of the Revolutionary Council’s Announcement No.28 dated December 29th, B.E. 2514, -- the provisions of Ministerial Regulations, Notifications, Rules, Orders, Regulations or Conditions issued or prescribed by virtue of the Revolutionary Council’s Announcement No.28 dated December 29th, B.E. 2514 including the provisions of relevant penalty shall be applicable.

Section 12: All various Ministerial Regulations, Notifications, Rules, Orders, Regulations or Conditions issued or prescribed by virtue of the Fuel Oils Control Act, B.E. 2542 which are applicable when this Act comes into force will not be applicable on the operations of liquefied petroleum gas until such times that any Ministerial Regulations, Notification, rules, Order, Regulations or Conditions prescribing criteria governing the operations of liquefied petroleum gas issued or prescribed by virtue of the Fuel Oils Control Act, B.E. 2542 as revised herein, comes into force.

Section 13: The Minister of Energy shall be in charge of action to ensure this Act’s implementation.

Royal Command countersigned by:

………………………………. Prime Minister.