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Petroleum (Importation, Storage and Sale) Ordinance (Cap. 25) Consolidated

PETROLEUM (IMPORTATION, STORAGE AND SALE) [CAP. 25. 1

CHAPTER 25

PETROLEUM (IMPORTATION, STORAGE AND SALE) ORDINANCE

To regulate the im portation, storage and hawking of petroleum and other sim ilar substances.

1st April, 1 889

ORDINANCE IX of 1889, as am ended by Ordinances: VIII of 1897 and

XXIX of 1934; Em ergency Ordinance XIV of 1958; Ordinances: XVI of

1960 and XXV of 1962; Legal Notice 4 of 1963; Acts: IX of 1971, LVIII of

1974, XI and XVI of 1977, IX of 1982, XIII of 1983, XVII of 1991 and XXV

of 2000; Legal Notice 407 of 2007; and Act XV of 2009.

1. The short title of this Ordinance is the Petroleum

(Importation, Storage an d Sale) Ordinance.

2. In this Ord inance, "petroleum" means all natural hydroc arbo ns whe ther in liquid or ga seous fo rm, in cluding crud e oi l and natu ral gas, an d wheth er in a c rud e or nat ura l state o r in a processed or refined form.

3. (1) The owner o r master of every ship carrying a cargo any part of which con sists of petroleum shall report to the Authority for Transport in M alta th e nature of such cargo together with any other particulars which the Au tho rity for Tran sport in Malta may require.

(2) The agent of every ship carrying a cargo any part of which co nsists o f p etrole um o r, in defau lt o f su ch agen t, t he i mpo rter o r consignee of any cargo of petroleum shall give to the Authority for Transp ort in M alta three d ays p revious notice of the arrival of an y such ship.
(3) If the own er, master, ag ent, importer or co nsignee shall fail to comply with the pro visions of th is article he shall in cur a penalty no t ex ceedi ng on e tho usan d an d o ne h un dred an d si xty -four euros and sixty-nine cents (1,164.69):
Provided that in the case of the agent, importer or co nsig nee , such p enal ty shall no t b e i ncu rred if it is sho wn t o th e satisfa ction of th e cou rt before wh ich the case is tried t hat h e h ad no kn ow ledg e or cou l d n o t w ith reas on able d ilig ence h a ve h a d knowledge of the arrival of such ship.

Short title.

Interpretation. Substituted by: IX. 1982.2.

Master of ship carrying petroleum to state nature of such cargo. Amended by:

XXIX. 1934.2; IX. 1971.3;

XIII. 1983.5; XVII. 1991.81; L.N. 407 of 2007; XV. 2009.49;

XV. 2009.49.

4. It shall be lawful for the Comptroller of Customs to cause a sample of the petroleu m o n board such ship to be ex tracted, for the purpo se of its being tested in the man ner approved by the M inister re sp o n si b l e f o r p o rts, at s u ch p lace an d at su ch time as th e sa id Co mptroller may ap po int, an d th e master o r an y p erson app oint ed by him may be present at the testing. The officer o r other person so testing shall certify as to the flashing point of the petroleum tested, an d h is ce rti fi ca te th ere on sha ll b e re ce iv ab le a s e vi d en ce in an y proceedin gs; bu t it shall be lawful for the master t o giv e evid ence in proo f that such certificat e is in correct, an d thereu po n th e co urt

Powers of Comptroller of Customs. Amended by: XVI.1960.3; IX.1982.2.

2 CAP. 25.] PETROLEUM (IMPORTATION, STORAGE AND SALE)

Power of Authority for Transport in Malta.

Amended by:

XXIX. 1934.3; L.N. 4 of 1963; IX. 1971.3;

XVII. 1991.81; XV. 2009.49.

m a y a p po int e x pe r t s to e x a m in e the pet r o l eum to w h ich the certificate relates, and to report thereon.

5. (1) Subject to any general regulations made by the M in ist er respon sible for po rts, it shall b e lawfu l for the Aut hority for Tran sp ort in M alta to o rde r th at an y sh ip c arryin g a cargo any part of which consists of petroleum, sh all no t enter or d ischarge its carg o of petroleum excep t in such port o r bay and in such p lace as m ay be fixed in the order, and if th e ma st er sh a ll fa il to e x ec ute such order immediately, the Authority for Tran spo rt in Malta sh all cau se th e sh ip to be taken in such p ort o r bay and in su ch place at the cost and risk of the master.

(2) Th e Authority for Transp ort in Malta shall no t allo w the de parture of su ch sh ip until the expens es of the rem o va l a nd the custo dy of the ship and petroleum be paid to it.

Punishments. Amended by: XVI.1960.3.

Power of Minister responsible for ports to make regulations. Amended by: XXIX. 1934.3; L.N. 4 of 1963.

Penalty in case of breach of regulations. Amended by:

IX. 1971.3; XI. 1977.2; XIII. 1983.5; XVII. 1991.81;

L.N. 407 of 2007; XV. 2009.49.

6. The master of any ship referred to in article 3, who refu ses to give such assistance as the officers acting under the authority of th e Comptroller of Customs may require for ex tracting t he sample referred t o i n articl e 4, or an y p erso n who wilfull y o bstruct s su ch o ffic e rs in the e x e c u tion of the i r d u tie s und e r the provis i ons of article 4 sh all b e liable, o n conviction, to imprison men t for a term no t exceeding three months an d to a fine (ammenda ).

7. The Minister responsible fo r ports may make regulations re s p e c t i n g t h e po rt s or ba y s i n wh i c h sh i p s c a rry i ng a c a rg o o f p et rol eu m m ay en t er, an d th e pl ace a t wh ic h su ch sh ip s a re t o be mo ored and are to lan d t heir carg o, as wel l as respect ing th e time and mode of, and the p recautions to b e tak en on, such landing.

8. (1) Where any ship is moored or any cargo is landed or otherwise unlade n in contrave nt ion of any regulatio n made under the provisions co ntained in the last preceding article, the master of s u ch s h ip , or the ow ner of su c h ca rgo, as the ca se ma y be, sh a ll incu r a penalty not ex ce ed ing one hundre d and si xt ee n euros an d forty-s eve n ce nts (116. 47) for e a ch da y, or par t of a da y, during which such contraven tion sh all continue.

(2) It shall be lawful for the Authority for Transport in Malta to cause such sh ip or cargo to be removed, at the expen se o f the owner th er eo f , to s u ch p l ac e as m a y be in c o nf or m ity w ith the s a id r e gu lati ons , a nd all ex pen s es incu rr ed in s u ch r e m o v a l m a y be rec ov ere d in t he sam e m an ne r as th e pe na lt ies est ab lis he d in t hi s Ordinance.

Legal proceedings for the recovery of penalties and expenses.

Amended by: L.N. 46 of 1965; LVIII. 1974.68.

The ship, and the master personally, liable for payment of penalties and expenses.

9. It shall be lawful for the Attorney General, on behalf of the G over n m e nt, to s u e be f o r e the com p e t ent c i vil cour t, f o r the r e c o v e r y of a ny pe na lty or e x p e n s e re c ove ra ble unde r the provisions of this Ordinance.

10 . The ship, as well as the master th ereof personally, shall be l iabl e fo r the pay ment of any p enal ty o r fo r th e reimb urse ment of any sum of money due to th e Government in respect of any expense incurred under any of the pro visions of this Ordinance.

PETROLEUM (IMPORTATION, STORAGE AND SALE) [CAP. 25. 3

11. The Minister responsible for ports shall have power to make, revoke and vary, by a Government Notice to be publish ed in the Gove rnm e nt Ga z ette , orde rs d ir ec ting the provis i ons of this Ordi na nc e or of a ny r e gul a t ions m a de in purs u a n c e of thi s Ordinanc e or of th e E nema lta Ac t, o r ke pt in fo rce b y th at Act to a p p l y to a ny infla m m a ble , e xplos ive , or c o rros i ve s ubs t a nc e , provided that the q uantity of any substance to which this Ord inance is dire ct ed by a Government Noti ce to apply, which m ay be kept wit ho ut a lic enc e, shal l b e suc h q u an tit y on ly as spe cified i n th at b e h a lf in s u ch N o t i ce an d , if n o s u c h q u an tit y is s p eci fi ed , n o quantity may be kept without a licence.

*12. The Minister responsible for ports shall have power to mak e sp ec ial re gu lat io ns c on cern ing t he imp orta tio n, sto ra ge an d hawking of an y ex pl osive or in fl amma bl e su bstance to which th e provision s of this Ordinance or of any orders made by the Minister resp onsib le fo r p orts in p ursu ance o f th is Ordin ance wo uld not be applicable:

Pro vid ed that such power shall not extend to the making of regulations concerning the impo rtation, storage and hawking of any explosiv e or inflammable substance in relation to which the power to m a ke re gulations is ves t ed in th e M a lta Res ources Au tho rity under the Malta Resources Autho rity Act.

Minister responsible for ports empowered to make the provisions of this Ordinance applicable to other inflammable articles.

Added by: VIII.1897.2. Amended by: L.N. 4 of 1963; XVI.1977.47. Cap. 272.

Minister responsible for ports empowered to make special regulations. Added by: VIII.1897.2. Amended by: XIV.1958; XXV.1962.2;

L.N. 4 of 1963;

XXV. 2000.36.

Cap. 423.

*T his ar ti cl e cons i s t e d o f tw o s ubart ic le s . Subar ti c l e ( 2 ) has been om i tt e d in consequence of article 47 of Act XVI of 1977.