Malaysia legislation

Section 19

of *PETROLEUM (SAFETY MEASURES) ACT 1984

Section 19

(1A)

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.

(2)

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—

(a)

in respect of any area under a local authority, or authority in the case of Sabah, after consultation with the State Authority, such local authority or authority; and

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(b)

in respect of any area other than areas referred to under paragraph (a) such person as the Minister shall by order authorize.

(3)

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.

(4)

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.

(5)

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.

(6)

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—

(a)

if the occupier of any premises fail to comply with the foregoing requirements of this subsection, 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 failure occurs or continues;

Petroleum (Safety Measures)

(b)

if any person pulls down, damages, or defaces any notice posted in accordance with the requirements of this subsection, he shall be liable to a fine not exceeding five thousand ringgit; and

(c)

if any person employed by the occupier contravenes any condition of which notice has been given in accordance with the requirements of this subsection, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.

Labelling of containers or receptacles containing petroleum