(Translation)

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

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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,

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3:   The  Revolutionary  Council’s  Announcement  No.  28  dated  December 29th, B.E. 2514 (1971) shall be forthwith  rescinded.

Section 4: The definition of the term  “Fuel  Oil”  in  Section  4  of  the  Fuel  Oils Control Act, B.E. 2542 shall be repealed and superseded by the  following: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Section 5: The definition of the term “Fuel Oil Depot” in Section 4 of the Fuel Oils Control Act, B.E. 2542 shall be repealed and superseded by the  following: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