PART VI
CONTROL OF PETROLEUM AND FLAMMABLE MATERIALS
34. In this Part, unless the context otherwise requires —
“Class O petroleum” means liquefied petroleum gas;
“Class I petroleum” means any petroleum having a flashpoint of less than 23º celsius but does not include Class O petroleum;
“Class II petroleum” means any petroleum having a flashpoint of or exceeding 23º celsius but less than 61º celsius;
“dispensing” means transferring any class of petroleum from one container to any other container or containers for the purpose of distribution, through hose, pipe or by any other means and includes discharging into a motor vehicle or from the tank of a road tanker;
“flammable materials” includes —
(a)
any liquid or mixtures of liquids containing solids in solution or suspension which have a flashpoint not greater than 61º celsius when tested in accordance with such method as may be prescribed by any regulations made under this Act;
(b)
any gas that has a lower flammability limit less than 13% by volume or a flammability range greater than 12; and
(c)
any other substances that are easily combustible or which on contact with water, emit flammable gases;
“licensed premises” means any premises licensed for the storage of any class of petroleumunder this Act;
“liquefied petroleum gas” means any material having a vapour pressure not exceeding that allowed for commercial propane and composed predominantly of the following hydrocarbons, either by themselves or as mixtures, that is to say, propane, propylene, butane (normal butane or iso-butane) and butylenes;
“petroleum” includes crude petroleum, liquefied petroleum gas and other naturally occurring hydrocarbon liquid derived from crude petroleum, coal, shale, peat or other bituminous substances;
“place” includes houses, yards and open spaces appurtenant thereto, buildings and footways and any underground space;
“transport” means to remove from any place to any other place within or without Singapore.
35. No person shall —
(a)
transport or cause to be transported; or
(b)
store or keep or cause to be stored or kept,
any class of petroleum except under and in accordance with this Act or any regulations made thereunder.
36.
—(1) No person shall dispense or cause to be dispensed any class of petroleum at any place other than at a licensed premises.
(2) Any licensed premises to be used for the dispensing of liquid petroleum gas into cylinders must be specifically approved for that purpose by the Commissioner who may impose additional requirements as he thinks fit.
37. Any person who contravenes section 35 or 36 shall be guilty of an offence.
38. For the purposes of this Part, the Commissioner shall have powers to —
(a)
waive or modify, subject to such terms and conditions as he thinks fit, any of the requirements of any regulations made under this Act;
(b)
stop and examine any vehicle when he has reason to believe that any class of petroleumis being transported in the vehicle in contravention of this Act or any regulations made thereunder;
(c)
inspect, examine and test all classes of petroleumstored on land and for such purposes take samples thereof;
(d)
enter any place where he has reason to believe that any class of petroleum is stored in contravention of this Act or any regulations made thereunder; and
(e)
seize any stock of any class of petroleum or equipment in respect of which he has reason to believe that an offence under this Act has been committed.
39.
—(1) The grant of any licence under this Part shall be in the absolute discretion of the Commissioner, and any such licence shall stipulate the quantity of each class of petroleum which may be stored in any premises or transported in any vehicle, as the case may be.
(2) Every licencegranted under this Part shall be subject to such conditions as the Commissioner thinks fit to impose.
(3) Every licence granted under this Part, if it has not been cancelled under section 40, may, on the application of the holder of the licence, be renewed by the Commissioner subject to such conditions as he thinks fit to impose.
(4) Every licenceshall, on payment of the prescribed fees, be valid for such period not exceeding 3 years as the Commissioner may determine.
(5) Any person who is aggrieved by any decision of the Commissioner under this section may, within one month of being notified of the decision of the Commissioner, appeal to the Minister whose decision shall be final.
(6) Any person who contravenes any of the conditions of a licencegranted under this Part shall be guilty of an offence.
40.
—(1) If at any time it appears to the Commissioner that any premises or vehicle, in respect of which a licence has been granted, has become unfit for the purpose for which it was licensed by reason of the increase of building or of population in its neighbourhood, or that from any other cause, any licence should for the public safety be cancelled, or if the person to whom the licence was granted contravenes any of the conditions of the licence, the Commissioner may by order cancel the licence.
(2) The Commissioner shall, before cancelling any licence under subsection (1), give to the person concerned notice in writing of his intention to do so specifying a date, not less than 21 days after the notice, upon which the cancellation shall take effect and calling upon the person concerned to show cause to the Commissioner why the licence should not be cancelled.
(3) When the Commissioner has cancelled the licence under subsection (1), he shall forthwith inform the person concerned by notice in writing of such cancellation.
(4) The person whose licence has been cancelled may, within 14 days of the receipt of the notice referred to in subsection (3), or such extended period of time as the Minister may allow, appeal in writing against the cancellation to the Minister whose decision shall be final.
(5) An order of cancellation shall not take effect until the expiration of a period of 14 days after the Commissioner has informed the licensee concerned of the order.
(6) If within that period the licensee concerned gives due notice of appeal to the Minister, the order shall not take effect unless the order is confirmed by the Minister or the appeal is for any reason dismissed by the Minister.
41. The Minister may by order direct that this Part or any provision thereof or any regulations made under this Act shall apply to any flammable material and specifying the quantity which may be kept or stored without a licence, and thereupon this Part, the provision thereof or the regulations specified in the order shall, during the continuance of the order, apply to such flammable material.
42. Any property or thing seized or removed by the Commissioner in exercise of his powers under this Part or any regulations made under this Act shall be confiscated and shall be disposed of in such manner as the Commissioner thinks fit, and the proceeds, if any, of such disposal shall be paid into the Consolidated Fund.