Section 54: Where  the   Official   finds   anyone  violating  or   not complying  with  this  Act  or  with  the  terms  prescribed  by  the  Licensor pursuant  with  Section  22,  or  finds  any  concessionaire violating  or  not complying with this Act or the terms of the concession, or finds any conduct or activities which would cause nuisance, damage or hazards to people, animals, plants, properties or the Environment, such duly authorized Official shall  instruct  that  individual  to  cease  from  committing  such  act  of infringement or to carry out remedial or corrective action or to perform correctly or appropriately within any prescribed period.

Section 55: Where  an  operator  of  any  controlled  business  under Section 17 fails to carry out action to either correct or improve the situation or to perform correctly with the  order pursuant with Section 54 within the deadline, the Official will be empowered to issue an order for such operations  to  be  halted  or  to  have  the  Licensor  revoking  the  License, as applicable.    And, if the volume of fuel oil exceeds that in which it is to have under its possession or for which it is licensed to hold or which may become hazardous, the Official shall be empowered to carry out any of the following action:

(1) Orders the operator to remove either all or parts of the fuel oil to another safe location within a prescribed timeframe.

(2) Where necessary, the Official may enter the scene to remove the fuel oil or assign other parties to do so in lieu and to have them taken for storage at a safe place.     In such a case, the costs of transportation and storage will be borne by the operator in accordance with actual payment incurred while fines will be imposed at the rate of thirty percent per annum of that sum.

Section 56: Where a concessionaire fails to remedy or improve or perform correctly within the deadline pursuant with the order issued by virtue of Section 54, consideration will be given by the Minister without delay to revoke the concession.

Once a concession is revoked by the Minister, the said concessionary

operation shall fall under the State.s ownership. In this respect, compensation will be paid to the said concessionaire whose concession has been  revoked on fair consideration of benefits to be derived by such concessionaire and the provision of Section 50, para two shall  then be applicable mutatis mutandis.

Section 57: Where the operator of a controlled operation or the concessionaire who has received the Official.s order under Section 54 is not satisfied with the said order, s/he may appeal against that order to the Minister within thirty days from the date of his/her receipt of the order.

Deliberation of the appeal under the preceding paragraph must be completed by the Minister within sixty days from the date of his/her receipt of the appeal.

The Minister.s deliberation shall be final and conclusive.

Section 58: In discharging his/her duties, the Official shall display his/her official ID card when so requested by pertinent parties.

The Official.s ID card shall be in the form as announced by the Minister in the Government Royal Gazette.

Section 59: The Minister shall be empowered to set up appropriate directives and conditions governing the Official.s discharge of his/her duties under this Act.

Section 60: An Appellate Sub-Committee shall be set up comprising the Parmanent Secretary  of  the Ministry of  Energy  as  its  Chairman and  Director-General of  the  Department of  Public Works and  Town & Country Planing, Director-General of  the  Pollution Control Department, Representative  of  the  Office of  the  Council of  State,  Representative  of the Office of the Attorney General and three other qualified individuals appointed by the Minister as members of this Sub-Committee.

The Director-General of the Energy Business Department shall act as Director and Secretary-General who shall then appoint not more than two officers from the Energy Business Department as Assistant Secretary(s).

Qualified directors appointed by the Cabinet pursuant with paragraph one  shall  be  well  versed  in  the  fields  of  Science,  Engineering  and the Environment with track records as well as experienced in supervising activities related to fuel oils or fuel oil businesses.

It is the Appellate Committee.s duties to present its opinion to the Minister concerning consideration of appeals pursuant with this Act.

Sections 10, 11, 12, 13, 14 and 15 shall, mutatis mutandis, be applicable on the Appellate Committee.

Chapter 6
Penalty

Section 61: Anyone  failing to step  forth  and  make  the  statement or send any documents or items as required by the Commission or the Sub-Committee pursuant with Section 15, or for which a written notice calling for them have been sent by the Official pursuant with Section 53 (4), shall be subjected to a term of imprisonment not exceeding one month or a fine not exceeding two thousand Baht, or to both.

Section 62: Anyone   conducting   the   controlled   business   under Category 1  without complying with the  terms prescribed by  Ministerial Regulations issued by virtue of Section 7 shall be subjected to a term of imprisonment not exceeding three months or a fine not exceeding thirty thousand Baht, or to both.

Section 63: Anyone   conducting   the   controlled   business   under Category 2 without giving the Official prior notice or without complying with the criteria set out in the Ministerial Regulations issued by virtue of Section 7 shall be subjected to a term of imprisonment not exceeding six months or a fine not exceeding fifty thousand Baht, or to both.

Section 64: Anyone   conducting   the   controlled   business   under Category 2 by giving incorrect and incomplete notification of its operations as required by Ministerial Regulations issued by virtue of Section 19, para two, shall be subjected to a fine not exceeding fifty thousand Baht.

Anyone conducting the controlled business under Category 2 and fails to give correct and complete notification of its operations pursuant with the  Official.s  order  issue  by  virtue  of  Section  19,  para  four,  shall  be subjected to a fine not exceeding one hundred thousand Baht and the Court shall further order the closure of its operations.

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