Section 23: As far as application for license renewal is concerned, an application must be filed by the Licensee before the current license expires. Once such application is filed, it shall be deemed that the applicant holds the status  of  a  licensee  until  such  times  that  an  order  is  issued  to  give notification of non-renewal of the license.

Application for renewal of the license and the renewal thereof shall be carried out in accordance with the criteria, procedure and terms prescribed by Ministerial Regulations.

Section 24: As far as the order not to issue or renew the License is concerned, the applicant for the license or its renewal may file an appeal to the Minister within thirty days from the date of his/her receipt of the order.

The Minister must complete his/her deliberation on the appeal under the preceding paragraph within sixty days from receipt of the appeal.

The Minister.s deliberation shall be deemed as final.

Section 25: The Licensee may not transfer the operations for which the License is granted to another party unless so authorized by the Licensor.

The filing of the application to transfer the License and issuance of the License shall be made in accordance with the criteria, procedure and conditions prescribed by Ministerial Regulations.

Section 26: When the Licensee dies or loses the status of a legal entity, or becomes bankrupt, his/her heir, liquidator or the Legal Execution Official  shall  file  an  application  to  the  Licensor  to  have  the  License transferred   within  ninety days from the date of such occurrence, as applicable, or within the period extended by the Licensor, as necessary. If no such application is filed within this deadline, it shall be deemed that

the License has expired and a new license will have to be applied for if s/he wishes to continue with the operations under that License.

During the period under the preceding paragraph, the heir, liquidator or  Legal  Execution  Official  who  engages  in  the  operations  under  that License shall be construed as the Licensee.

Where the Licensee is declared by the Court to be an incapacitated person, the provision of paragraph two shall be applicable mutatis mutandis on the guardian.

Section 27: The Licensee must display the License in a clearly visible location at the premises of operations under that license.

Section 28: If  the  License  is  lost  or  substantially  damaged,  the Licensee shall notify the Licensor accordingly and applies for a replacement license within fifteen days from the date s/he has come into knowledge of such loss or destruction.

The application for a replacement license and its issuance shall be made in accordance with the criteria, procedure and conditions prescribed by Ministerial Regulations.

Section 29: The   Minister   is    empowered   to   issue   Ministerial Regulations to define any locality as a prohibited zone for the conduct of any or all controlled operations under Section 17.

Section 30: Where Ministerial Regulations have been issued pursuant with Section 29, no controlled operations may be conducted which have been listed in the said Ministerial Regulations.

The provision of the preceding paragraph will not be enforceable on parties which have already conducted controlled  operations  within  the prohibited zone before these Ministerial Regulations were issued and came into force pursuant with Section 29 and who wish to continue with such controlled operations once these Ministerial Regulations come into existence. However, if it is the opinion of the Director-General of the Energy Business Department that  such conduct of  controlled operations would contradict the raison d.être  of such Ministerial Regulations or may affect the prevention of any cause of nuisance, damages or hazards which may impact on people, animals, plants, properties or the Environment, or on the laying down of guidelines or manner of action concerning control of fuel oils which would not be in keeping with economic and social conditions, orders  may  be  issued  by  the  said  Director-General  to  set  out  criteria, procedure  and  conditions  governing  the  operations  of  such  controlled operations and s/he will send a written order to these operators to make pertinent changes or to cease from any action within a reasonable timeframe. However, if  compliance  with  such  order  will  cause  an  operator  of  the controlled  operations to  suffer  damages  or   to  lose   benefits  s/he   is accustomed to receive beyond reasonable limits, that party will be entitled to receive justifiable compensation.

Where an operator of such controlled businesses who receives the Director-General of the Energy Business  Department.s  order  under paragraph two is not satisfied with that order, s/he may file an appeal to the Minister within thirty days from the date of his/her receipt of the order.

The Minister must complete his/her deliberation on the appeal under paragraph three within sixty days from his/her receipt of the appeal.

The Minister.s deliberation shall be deemed final and conclusive.

Next Page
[1]  [2]  [3]  [4]  [5]  [6]  [7]  [8]  [9]