PETROLEUM (SAFETY MEASURES) ACT 1984

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 302 PETROLEUM (SAFETY MEASURES) ACT 1984 As at 2 February 2022 This text is ONLY AN UPDATED TEXT of the Petroleum (Safety Measures) Act 1984 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 PETROLEUM (SAFETY MEASURES) ACT 1984 Date of Royal Assent … … … … 27 June 1984 Date of publication in the Gazette … … … … 28 June 1984 Latest amendment made by Act A843 which came into operation on … … … … 2 February 2022 PREVIOUS REPRINTS First Reprint ... ... ... ... ... 2001 Second Reprint ... ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 302 PETROLEUM (SAFETY MEASURES) ACT 1984 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, commencement and application 2. Interpretation PART II TRANSPORTATION OF PETROLEUM BY ROAD AND RAILWAY 3. Permitted conveyance of petroleum by road or railway 4. Power of Minister to make regulations 5. Employees to be informed of the provisions of the Act and the regulations; related offences PART III TRANSPORTATION OF PETROLEUM BY WATER 6. Permitted loading, unloading and discharging of petroleum 7. Entry into ports of vessels carrying petroleum 8. Notification to Inspector of vessel coming into port 9. Permission of port officer to unload or discharge petroleum from vessel 10. Unloading or discharging of petroleum 4 Laws of Malaysia ACT 302 Section 10A. Restriction on loading, unloading and discharging, of petroleum between sunset and sunrise 11. Direction of the port officer in respect of vessels carrying petroleum 12. Loading or carriage of petroleum 13. Remaining in any port, etc., without permission 14. Placing on any quay, bank, etc., any petroleum PART IV TRANSPORTATION OF PETROLEUM BY AIR 15. Transportation of petroleum by air not permitted PART V TRANSPORTATION OF PETROLEUM BY PIPELINES 16. Authorization of pipeline works 17. Emergency pipeline works 18. Offences relating to unauthorized pipeline works 18A. Part V not applicable to supply of gas by pipelines PART VI STORAGE AND HANDLING OF PETROLEUM 19. Petroleum storage and petroleum handling licences 20. Labelling of containers or receptacles containing petroleum 21. Power of Minister to make regulations in special circumstances 22. Notice of accident involving petroleum 23. Inquiry into accidents involving petroleum 24. Insulting persons conducting inquiry 25. Protection against suits for persons conducting inquiry 26. Evidence not admissible in civil or criminal proceedings 27. Exempted categories of petroleum 27A. Part VI not applicable to licensee under Gas Supply Act 1992 Petroleum (Safety Measures) PART VII UTILISATION OF EQUIPMENT, GADGETS, MATERIALS, PLANTS, APPLIANCES, BUILDINGS, STRUCTURES AND INSTALLATIONS Section 28. Approved equipment, etc., and verification 29. Power of Minister to vary list of approved equipment, etc. 30. Offences 31. Applications of this Part PART VIII EXISTING EQUIPMENT, GADGETS, MATERIALS, PLANTS, APPLIANCES, BUILDINGS, STRUCTURES AND INSTALLATIONS 32. Equipment, etc., in premises licensed under repealed laws 33. Rectification of equipment etc., in licensed premises 34. Offences PART IX GENERAL POWERS FOR RECTIFICATION 35. General powers for rectification PART X LIABILITY 36. Liability to verify PART XI GENERAL 37. Power to delegate 38. Appointment of Inspectors 39. Samples and tests 40. Free and unobstructed ingress, etc. 41. Liability of agents and servants 5 6 Laws of Malaysia Section 42. Revocation of licence, etc. 43. Appeal to Minister 44. Power of Minister to exempt 45. General powers to make regulations 46. Power of Minister to prescribe codes of practice 47. Fees collected 48. Repeal SCHEDULE ACT 302 7 LAWS OF MALAYSIA Act 302 PETROLEUM (SAFETY MEASURES) ACT 1984 An Act to consolidate laws relating to safety in the transportation, storage and utilization of petroleum and to provide for matters relating thereto. [Throughout Malaysia Parts I, III, IV, V, X and XI—1 March 1985, P.U. (B) 96/1985; Throughout Malaysia Parts II, VI, VII, VIII and IX—1 July 1986, P.U. (B) 279/1986] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, commencement and application 1. This Act may be cited as the Petroleum (Safety Measures) Act 1984 and shall come into force on such date (hereinafter in this Act called “the appointed date”) as the Minister may by notification in the Gazette appoint: Provided that the Minister may by notification in the Gazette prescribe different dates (hereinafter called “the prescribed dates”) for different provisions or any part of any provision of this Act and for different areas or localities of the Federation, and for the purposes of any such provision, area or locality, any reference in any provision of 8 Laws of Malaysia ACT 302 this Act to the appointed date shall be construed as a reference to the prescribed date. Interpretation 2. (1) In this Act, unless the context otherwise requires— “Class I petroleum” means petroleum having flash points below 37.8ºC; “Class IA petroleum” means petroleum having flash points below 22.8ºC and having a boiling point below 37.8ºC; “Class IB petroleum” means petroleum having flash points below 22.8ºC and having a boiling point at or above 37.8ºC; “Class IC petroleum” means petroleum having flash points at or above 22.8ºC and below 37.8ºC; “Class II petroleum” means petroleum having flash points at or above 37.8ºC and below 60ºC; “Class III petroleum” means petroleum having flash points at or above 60ºC; “Class IIIA petroleum” means petroleum having flash points at or above 60ºC and below 93.4ºC; “Class IIIB petroleum” means petroleum having flash points at or above 93.4ºC; “code of practice” means a document prescribing recommended practices for the design, manufacturing, setting up, maintenance or utilization of equipment, installations, structures or products and referred to in section 46; “handling” includes the action of touching, feeling, grasping, transferring or decanting with the hand or assisted by any means; Petroleum (Safety Measures) 9 “Inspector” means an Inspector of Petroleum appointed under section 38; “licensed premises” means premises in respect of which there is a licence to store and handle petroleum; “liquefied petroleum gas fuel system” means an assembly consisting of one or more containers with a means for conveying liquefied petroleum gas from containers to dispensing or consuming devices (either continuously or intermittently) and which incorporates components intended to achieve control of quantity, flow, pressure or state (either liquid or vapour); “local authority” or “authority” means “local authority” as defined under the Local Government Act 1976 [Act 171], the Local Authority Ordinance of Sarawak [Swk. Cap. 117] or the Municipality constituted under the Kuching Municipal Ordinance of Sarawak [Swk. Cap. 116] and “authority” as defined under the Local Government Ordinance 1961 of Sabah [Sabah Ord. 11 of 1961]; “master” means any person except a pilot, having command or charge of any ship; “Minister” means the Minister charged with the responsibility for petroleum; “occupier” means any person having the actual use or occupation of a premises or part thereof; “operator” means any person who carries on that particular business or operation either directly or through an agent; “owner” includes any person in whom is vested the ownership, dominion or title of property and “owner” in relation to a vessel includes a charterer; “petroleum” means any mineral oil or relative hydrocarbon and natural gas existing in its natural condition and casing head petroleum spirit including bituminous shales and other stratified deposits from which oil can be extracted, including petroleum products; 10 Laws of Malaysia ACT 302 “petroleum anchorage” means a place prescribed as a petroleum anchorage by regulations made under this Act; “petroleum in bulk” means a homogeneous cargo of petroleum stored loose in free flowing tank and required to be handled by pumping or by gravity flow; “petroleum products” means all materials derived from petroleum as are listed in the Schedule; “pipelines” means all parts of those physical facilities through which petroleum moves in transportation including pipes, valves and other appurtenances attached to pipes, pumps, compressor units, meters, regulators and fabricated assemblies; “pipeline works” means works of any of the following kinds: (a) 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 (b) 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) a port or place declared to be a port under the Merchant Shipping Ordinance 1952 [Ord. 70 of 1952]; (b) 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; Petroleum (Safety Measures) 11 (c) 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. (2) The Minister may by order amend, vary, delete from or add to the Schedule. 12 Laws of Malaysia ACT 302 PART II TRANSPORTATION OF PETROLEUM BY ROAD AND RAILWAY Permitted conveyance of petroleum by road or railway 3. No person shall convey by road or railway any petroleum except in accordance with the Act and regulations made thereunder. Power of Minister to make regulations 4. The Minister may make regulations for the safe transportation of petroleum by road or railway and for safeguarding persons and property from danger in connection with such transportation and in particular, for regulating and authorizing of workshops for the conversion, installation, adaptation and addition of any liquefied petroleum gas fuel system for motor