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Section 2

Interpretation

of Petroleum (Safety Measures) Act 1984

ActIn forceProvision 2 of 51
Section 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;

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“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;

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“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)

(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.

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