Section 40: For the sake of safety, the State Authority is empowered

to destroy or cut down trees, branches or roots of any tree or any other thing which is close to the oil depot or to the oil pipeline transportation system provided that a reasonably advance notice has already been given in writing to the owner or possessor of such trees or things. If no such owner or possessor may be contacted, the State Authority will be entitled to take whatever action it considers appropriate.

Where trees or other things are already in existence before the oil depot or fuel oil pipeline transportation system are built, fair payment of compensation as befitting the case shall be made by the State Authority to such owner or possessor.

Section 41: In any case of necessity or urgency, the State Authority will be empowered to enter the land or premises belonging to anyone at any time in order to make due inspection/repair or provide remedy to the fuel oil pipeline  transportation  system  with  this  exception  that  the  owner  or possessor who are in the locality has already been given an advance notice for it.

Section 42: In carrying out action under Section 40 or Section 41, efforts must be made by the State Authority not to cause any damages and shall, in any case, be held liable for any damages eventually incurred.

Section 43: For operational interest, a concession may be granted by the Cabinet to any private party who will act as the concessionaire in the making of arrangements for an oil depot or oil pipeline transportation system pursuant with the provisions of this Chapter.

Application for the concession shall be made in accordance with criteria, procedure and terms prescribed by Ministerial Regulations.

The applicant.s eligibility shall be as prescribed by Ministerial

Regulations.

Section 45: A concession may be assigned by the concessionaire on materialization of reasonable grounds and it is the Cabinet.s opinion, after due consideration, that the assignee is eligible pursuant with Section 43, para three and its authorization has been given for the assignment to take place.

The assignee of a concession under paragraph one must take on all of the former concessionaire.s rights, duties and liability.

Section 46: When a concessionaire dies or loses its status as a legal entity, or becomes bankrupt, his/her/its heir or liquidator or Legal Execution Official, as the case may be, shall be entitled to make the intention known concerning such concession assignment pursuant with Section 45.

The demonstration of intention pursuant with the preceding paragraph shall be made in the manner set out in the Ministerial Regulations.

Section 47: Concession assignment under Sections 45 and 46 shall be in accordance with criteria and procedure set by the Ministerial Regulations.

Section 48: Where  a   concessionaire  is  not  authorized  to  make a  concession  assignment,  the  Minister  shall  inform  the  concessionaire accordingly together with the reasons for such rejection within thirty days from the date of the Minister.s Order.

Section 49: Any venture under the concession shall come into the State.s ownership at the time set out in the concession.

Section 50: In any case of necessity in the public interest, the State will  be  empowered to  take  over and possess the  concessionary venture and shall make payment of compensation to the concessionaire as prescribed by the concession. If there is no such stipulation of payment in the concession, payment will be made on the basis of fair benefits derivable by the concessionaire.

The Official shall send a notice to the concessionaire to come and collect payment of compensation within a set timeframe. If the concessionaire fails to turn up by that deadline, the Official shall proceed to deposit that sum of payment with the Bank of Savings in the concessionaire.s name.

Section 51: Where a concessionaire finds it necessary to acquire immovable  property in order to build an oil depot or fuel oil pipeline transportation system as prescribed by the concession but is otherwise unable to acquire such immovable property for that purpose by any other means, action shall be taken by the Energy Business Department to carry out the  sequestration process pursuant with  laws  governing sequestration in which respect expenses and payment of compensation will be borne by the concessionaire.

Section 52: The  provisions  of  this  Chapter  which  are  applicable to  State  Authorities. operations shall  be applicable  mutatis mutandis to the concessionaire.

Chapter 5
Control and Inspection

Section 53: To ensure compliance with this Act, the Official will be conferred with the authority and duties as follows:

(1) enter into building(s), premises or vehicle(s) which are operating or suspected to be operating activities under control pursuant with Section 17, or to be operating Oil Depot(s) or oil pipeline transportation zone(s) pursuant with Chapter 4, during the course of sunlight to sunset, or during that location.s operating hours in order to inspect the conditions of building(s), premises or vehicle(s), or any activity which may constitute an infringement of this Act or which may not conform with the requirements of the concession.

(2) Take out a reasonable volume of fuel oil samples under suspicion for inspection as well as any other relevant documents.

(3) Inspect, search, retain, seize or impound fuel oil, tanks or containers, oil pipelines, equipment or any other related items in any case of doubt that violation or non-compliance with the provisions of this Act or  with the terms of  the concession  has taken place or which may cause damages or hazards to people, animals, plants, properties or the Environment.

(4) Send a notice to call any individual to make a statement or send documents or any item in support of his/her further consideration.

(5) Inspect and compile facts for further reporting to the Licensor or the Minister, as applicable, where the operator of a controlled business under  Section  17  or  a  concessionaire  has  committed  an  offence  or has caused damages through non-compliance with this Act or the terms of the concession.

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