Chapter 1
GENERAL
Section 6: This Act will not be enforceable on fuel oils used specifically in military services although criteria and procedure prescribed herein shall be used as their operating guidelines.
Section 7: For the sake of protecting or preventing any cause of nuisance, damage or danger which may have an impact on people, animals, plants, properties or the Environment, or setting up guidelines or operating directives concerning fuel oils control in line with economic and social conditions, the Minister shall be empowered to issue Ministerial Regulations, as follows:
(1) Set out rules governing storage, transportation, usage, distribution, fuel oils sub-packaging and any other measures of control concerning fuel oils
(2) Determine site(s), plan drawings, format and characteristics of fuel oil storage premises, fuel oil service stations and fuel oil depots and the maintenance thereof.
(3) Set out rules concerning features of tanks or containers used for storage or transportation and their maintenance.
(4) Determine the qualifications and training for people involved with fuel oil control activities.
(5) Set out methods of operations and provision and maintenance of equipment or any other appliances for the implementation of activities under (1), (2), (3) or (4).
(6) Set out guidelines for the purpose of listening to the public opinion appropriately in line with operations to be undertaken or permitting operations which will have an impact on the public to be carried out pursuant with this Act.
(7) Define any other activities which are necessary for the successful implementation of this Act.s objectives.
If any Ministerial Regulations, local bye-laws or any other notifications issued by virtue of laws governing building control are in conflict with or contradictory to the Ministerial Regulations issued pursuant with paragraph one, they shall be forthwith ineffective or unenforceable, where applicable, unless they have been issued with the Commission.s approval as the result of expediency or specific rationalization pertaining to that particular locality.
Chapter 2
The Fuel Oils Control Commission
Section 8: A Commission shall be set up called the .Fuel Oils Control Commission. comprised of the Permanent Secretary of the Ministry of Energy who will act as its Chairman, Director-General of the Department of Land Transport, Director-General of the Marine Department, Commissioner General of the Royal Thai Police, Director-General of the of Department of Business Development, Director-General of the Pollution Control Department, Derector-General of the Department of Industrial Works, Director-General of the Energy Policy and Planing Office, Governor of the Petroleum Authority of Thailand, Director-General of the Department of Disaster Prevention and Mitigation, a representative of the Federation of Thai Industries, a representative of the Board of Trade of Thailand and 6 other qualified individuals to be appointed by the Cabinet.
The Director-General of the Fuel Business Development Department will serve as a member and Secretary-General of the Commission and will appoint not more than two of the Fuel Business Development Department.s personnel as Assistant Secretary-General(s).
Qualified directors appointed by the Cabinet pursuant with paragraph one must not be advisors of any political party or hold any political position, while one each must be equipped with knowledge, expertise, past performance records and experiences involving one branch of Science, Engineering, the Environment, Fuel Oil Control laws or fuel oil business and, at least two must be appointed from qualified individuals working in organizations dealing with public interest in matters concerning protection of Sanitation and Health, Safety or the Environment.
Section 9: The Commission shall be conferred with the following power to:
(1) recommend policies and pertinent measures concerning fuel oils control to the Cabinet for the purpose of preventing or eliminating causes of nuisance, damage or hazards to people, animals, plants, properties or the Environment, or set up directives or operating measures concerning fuel oils control in line with economic and social conditions.
(2) make pertinent recommendation to the Minister concerning issuance of Ministerial Regulations and Notifications pursuant with this Act.
(3) proffer any opinion in support of the Cabinet.s consideration to grant concessions pursuant with Section 44.
(4) oversee and coordinating work between the Official and various work units involving fuel oils control for the sake of preventing or eliminating causes of nuisances, damages or hazards which will have an impact on people, animals, plants, properties or the Environment, or setting up guidelines of performance procedures concerning fuel oils control in keeping with economic and social conditions.
(5) making recommendation and proffer its opinion to various authorities concerning storage, transportation, usage, distribution, partitioned storage and other measures of control involving fuel oils.
(6) Other activities as prescribed by the law which come under the Commission.s jurisdiction.
Section 10: Qualified individuals shall hold a term of two years and those who retire at the end of their term may be re-elected for not more than two consecutive terms.
Section 11: Other than termination at the end of their term pursuant with Section 10, qualified directors will vacate office on:
(1) death
(2) resignation
(3) dismissal by the Cabinet on the ground of dishonest discharge of duties or malfeasance.
(4) becoming bankrupt
(5) becoming an incapacitated or quasi-incapacitated person
(6) being subjected to a court.s final judgment of imprisonment unless for an offence committed through negligence or misdemeanour.
Where a qualified director is appointed to fill a seat which has become vacant by virtue of paragraph one, his/her replacement shall remain in that post only for the remaining term of the person s/he is replacing.
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