PETROLEUM (IMPORTATION, STORAGE AND SALE) ORDINANCE (storageandsale)

PETROLEUM (IMPORTATION, STORAGE AND SALE)

CHAPTER 25

PETROLEUM (IMPORTATION, STORAGE AND

SALE) ORDINANCE

To regulate the importation, storage and hawking of petroleum and

other similar substances.

1st April, 1889

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

XXIX of 1934; Emergency 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 Acts XV of 2009, XXXIV of 2014

and XXV of 2015.

The short title of this Ordinance is the Petroleum

(Importation, Storage and Sale) Ordinance.

In this Ordinance, "petroleum" means all natural

hydrocarbons whether in liquid or gaseous form, including crude

oil and natural gas, and whether in a crude or natural state or in a

processed or refined form.

(1) The owner or master of every ship carrying a cargo any

part of which consists of petroleum shall report to the Authority for

Transport in Malta the nature of such cargo together with any other

particulars which the Authority for Transport in Malta may require.

(2) The agent of every ship carrying a cargo any part of which

consists of petroleum or, in default of such agent, the importer or

consignee of any cargo of petroleum shall give to the Authority for

Transport in Malta three days previous notice of the arrival of any

such ship.

(3) If the owner, master, agent, importer or consignee shall fail

to comply with the provisions of this article he shall incur a penalty

not exceeding one thousand and one hundred and sixty-four euros

and sixty-nine cents (1,164.69)

Provided that in the case of the agent, importer or

consignee, such penalty shall not be incurred if it is shown to the

satisfaction of the court before which the case is tried that he had

no knowledge or could not with reasonable diligence have had

knowledge of the arrival of such ship.

It shall be lawful for the Comptroller of Customs to cause a

sample of the petroleum on board such ship to be extracted, for the

purpose of its being tested in the manner approved by the Minister

responsible for ports, at such place and at such time as the said

Comptroller may appoint, and the master or any person appointed

by him may be present at the testing. The officer or other person so

testing shall certify as to the flashing point of the petroleum tested,

and his certificate thereon shall be receivable as evidence in any

proceedings; but it shall be lawful for the master to give evidence

PETROLEUM (IMPORTATION, STORAGE AND SALE)

in proof that such certificate is incorrect, and thereupon the court

may appoint experts to examine the petroleum to which the

certificate relates, and to report thereon.

(1) Subject to any general regulations made by the

Minister responsible for ports, it shall be lawful for the Authority

for Transport in Malta to order that any ship carrying a cargo any

part of which consists of petroleum, shall not enter or discharge its

cargo of petroleum except in such port or bay and in such place as

may be fixed in the order, and if the master shall fail to execute

such order immediately, the Authority for Transport in Malta shall

cause the ship to be taken in such port or bay and in such place at

the cost and risk of the master.

(2) The Authority for Transport in Malta shall not allow the

departure of such ship until the expenses of the removal and the

custody of the ship and petroleum be paid to it.

The master of any ship referred to in article 3, who refuses

to give such assistance as the officers acting under the authority of

the Comptroller of Customs may require for extracting the sample

referred to in article 4, or any person who wilfully obstructs such

officers in the execution of their duties under the provisions of

article 4 shall be liable, on conviction, to imprisonment for a term

not exceeding three months and to a fine (ammenda).

The Minister responsible for ports may make regulations

respecting the ports or bays in which ships carrying a cargo of

petroleum may enter, and the place at which such ships are to be

moored and are to land their cargo, as well as respecting the time

and mode of, and the precautions to be taken on, such landing.

(1) Where any ship is moored or any cargo is landed or

otherwise unladen in contravention of any regulation made under

the provisions contained in the last preceding article, the master of

such ship, or the owner of such cargo, as the case may be, shall

incur a penalty not exceeding one hundred and sixteen euros and

forty-seven cents (116.47) for each day, or part of a day, during

which such contravention shall continue.

(2) It shall be lawful for the Authority for Transport in Malta to

cause such ship or cargo to be removed, at the expense of the owner

thereof, to such place as may be in conformity with the said

regulations, and all expenses incurred in such removal may be

recovered in the same manner as the penalties established in this

Ordinance.

It shall be lawful for the Attorney General, on behalf of the

Government, to sue before the competent civil court, for the

recovery of any penalty or expense recoverable under the

provisions of this Ordinance.

The ship, as well as the master thereof personally, shall be

liable for the payment of any penalty or for the reimbursement of

any sum of money due to the Government in respect of any expense

incurred under any of the provisions of this Ordinance.

PETROLEUM (IMPORTATION, STORAGE AND SALE)

The Minister responsible for ports shall have power to

make, revoke and vary, by a Government Notice to be published in

the Government Gazette, orders directing the provisions of this

Ordinance or of any regulations made in pursuance of this

Ordinance to apply to any inflammable, explosive, or corrosive

substance, provided that the quantity of any substance to which this

Ordinance is directed by a Government Notice to apply, which may

be kept without a licence, shall be such quantity only as specified

in that behalf in such Notice and, if no such quantity is specified,

no quantity may be kept without a licence.

* 12.

The Minister responsible for ports shall have power to

make special regulations concerning the importation, storage and

hawking of any explosive or inflammable substance to which the

provisions of this Ordinance or of any orders made by the Minister

responsible for ports in pursuance of this Ordinance would not be

applicable

Provided that such power shall not extend to the making of

regulations concerning the importation, storage and hawking of any

explosive or inflammable substance in relation to which the power

to make regulations is vested in the Regulator for Energy and Water

Services under the Regulator for Energy and Water Services Act.

*This article consisted of two subarticles. Subarticle (2) has been omitted in

consequence of article 47 of Act XVI of 1977.

* Il-Ministru responsabbli għall-portijiet jista’ jagħmel

regolamenti speċjali dwar l-importazzjoni, magazzinaġġ u bejgħ bl-

imnut ta’ sustanzi esplożivi jew infjammabbli, li għalihom ma

jgħoddux id-disposizzjonijiet ta’ din l-Ordinanza jew ta’ ordnijiet

magħmulin mill-Ministru responsabbli għall-portijiet bis-saħħa ta’

din l-Ordinanza

Iżda dik is-setgħa ma għandhiex testendi għall-egħmil ta’

regolamenti li jolqtu l-importazzjoni, il-magazzinaġġ u l-bejgħ ta’

sustanzi esplożivi jew infjammabbli li dwarhom is-setgħa ta’

egħmil ta’ regolamenti hi vestita fir-Regolatur għas-Servizzi tal-

Enerġija u l-Ilma taħt l-Att dwar ir-Regolatur għas-Servizzi tal-

Enerġija u l-Ilma.

*Dan l-artikolu kien jikkonsisti f'żewġ subartikoli. Is-subartikolu (2) ġie mħolli barra

in konsegwenza tal-artikolu 47 tal-Att XVI tal-1977.