CONTROL OF KEROSENE REGULATIONS

CONTROL OF KEROSENE

SUBSIDIARY LEGISLATION 117.18

CONTROL OF KEROSENE REGULATIONS

30th January, 1974

LEGAL NOTICE 9 of 1974, as amended by Legal Notices 99 and 123 of

1975, 55 of 1976, and 409 of 2007; Act V of 2007; and Legal Notice 226 of

2012.

The title of these regulations is the Control of Kerosene

Regulations.

In

these

regulations,

unless

the

context

otherwise

requires -

"Director" means the Director of Trade and includes any officer

in the Department of Trade authorised by him to act on his behalf;

"Minister'' means the Minister responsible for trade;

"person" includes a body or association of persons.

No person shall sell, distribute, consume or make use of

kerosene except for household purposes or for any other purpose

authorised in a special permit issued by the Director.

No person shall mix kerosene with any other substance or

shall mix any other substance with kerosene or shall have in his

possession or under this control any kerosene or other substance so

mixed.

(1) The Director may, in his discretion, refuse to grant a

special permit or, in granting it, impose such conditions as he may

deem proper, in either case without assigning any reason therefor.

(2) The Director may, in his discretion, at any time revoke or

modify any special permit granted by him, without assigning any

reason for the revocation or modification.

(3) Any person who feels himself aggrieved by any decision of

the Director under this regulation may appeal therefrom within

twenty days from the day on which the decision is communicated to

him in writing to the Administrative Review Tribunal established in

terms of article 5 of the Administrative Justice Act, and the

provision of this Act shall apply to such an appeal.

(1) Any person who contravenes or fails to comply with

any of these regulations or any of the conditions imposed in a

s p e c i a l p e r m i t s h a l l b e g u i l t y o f a n o ff e n c e a g a i n s t t h e s e

regulations.

(2) Offences against these regulations shall be deemed to be

contraventions.

(3) The provisions of the Criminal Code relating to criminal

proceedings shall apply in respect of proceedings for offences

against these regulations.

(4)

Any person guilty of an offence against these regulations

CONTROL OF KEROSENE

shall be liable -

(a) on a first conviction, to a fine (multa) of not less than

six hundred and ninety-eight euros and eighty-one

cents (698.81) but not exceeding one thousand and one

hundred and sixty-four euros and sixty-nine cents

(1,164.69); and

(b) on a second or subsequent conviction, to a fine (multa)

of not less than one thousand and three hundred and

ninety-seven euros and sixty-two cents (1,397.62) but

not exceeding two thousand and three hundred and

twenty-nine euros and thirty-seven cents (2,329.37).

(5) In every conviction for an offence against these

regulations, the Court shall order the forfeiture of any goods to

which the offence relates and any such goods shall thereupon be

forfeited to the Government.

(6) In every conviction for an offence against regulation 4, the

Court shall order the suspension of any licence or licences in the

name of the offender for a period not exceeding two months in the

case of a first conviction and for a period not exceeding twelve

months in the case of a second or subsequent conviction.

(7) The provisions of the Probation Act shall not be applied

more than once in respect of the same person for offences against

the provisions of these regulations.