Section 80:  In the consideration/judgment of offences under this Act or any other laws involving multiple offences related to the offences of this Act, if it is the Court.s opinion that a conditional suspension of judgment or deferred execution of judgment would be more beneficial than making the offender culpable for his/her offences, or for the sake of preventing recurrences of a similar offence,  the court with jurisdiction over the case may  suspend  making  an  adjudication  or  may  pass  a  sentence  which, however, will be deferred, by prescribing any condition to be performed by the offender or the party subjected to the punishment as the principal or promoter of the offence, within any prescribed timeframe. Such condition may be either (for the adjudged party) to carry out or refrain from carrying out an act to ensure remedy of damages already incurred or to prevent a recurrence of such offence, or to carry out any act for public benefits. In this respect, the court may appoint anyone to supervise/advise/monitor activities  to  ensure  that  action  is  taken  in  accordance  with  the  court.s judgment and may require the offender to pay for the allowances for that particular individual.s work as well.

If the court decides to use or not to use measures in the preceding paragraph, its rationale for such  a  decision  shall  also be given in the judgment.

The Court may revise or revoke conditions set in para one or set out new conditions as it deems fit notwithstanding if a motion has been filed by the relevant party or not.

If facts should appear to the court on their own, or gleaned out of statements given by relevant parties that the offender has failed to comply with conditions set by the Court, warnings may be sent by the Court to the offender  or  punishment  set  for  the  offence  for  which  the  sentence  is impending or under suspension.

Section 81: Where a judgment is passed by a court to fine anyone for an offence under this Act, the  Court may, at  its  discretion, stipulate  in the  sentence  that  such  an  individual  pays  the  fines  in  installment  in accordance with the duration and sums payable in each installment.

Section 82: The provisions of Sections 80 and 81 shall be applicable, mutatis mutandis, on imposition of fines by the Commission or its attorney- in-fact.

Chapter 7

Interim Provisions

Section 83: Any application for, and the grant of any license given under the Act Governing Storage of Fuel Oils, B.E. 2474 shall be construed, mutatis mutandis, as the application and grant of License under this Act and subjected to its application.

Section 84: Subjected  to  the  provision  of  Section  83,  all  various licenses issued to anyone under the Act Governing Storage of Fuel Oils, B.E. 2474 prior to the enforcement of this Act shall continue in force until expiry of its term.

Section 85: If any operator of fuel pipeline transportation businesses falling under the scope of a Category 3 controlled business pursuant with Section 17 of this Act who already operates such business prior to the enforcement of  this  Act  files  an  application  for  the  license  within  one hundred and eighty days from the date of enforcement of the Ministerial Regulations issued by virtue of the said Section, a license under this Act shall be issued forthwith by the Licensor to that particular operator.

In granting a license under the preceding paragraph, the Licensor shall be empowered to set any condition considered suitable for the Licensee to

comply with by taking into consideration matters such as fire-prevention, stability, safety, pubic health, town planning, traffic facilitation, prevention or suppression of any cause of nuisance, damages of hazards which will adversely impact on people, animals, plants, properties or the Environment or  any  other  activities  necessary  for  the  implementation  of  this  Act.s objectives.

Section 86: All various provisions of the Act Governing Fuel Oil Storage, B.E. 2474 in respect of criteria and methods governing fuel oil storages shall continue to be in force insofar as they are non-contradictory to or in conflict with the provisions of this Act until such times that they are rescinded by any Ministerial Regulations, Announcements, Orders, Rules or Regulations issued by virtue of this Act which, however, must not be beyond a  period of one year from the date of this Act.s enforcement.

Section 87: All various Ministerial Regulations, Notifications, Orders, Regulations and Rules issued by virtue of the Act Governing Fuel Oil Storage, B.E. 2474 already in force prior to the enforcement of this Act shall continue in force insofar as they are not contradictory to or conflicting with the provisions of this Act up until such times that they are rescinded by any  Ministerial  Regulations, Notifications,  Orders, Rules  or  Regulations issued by virtue of this Act.

Royal Command counter-signed by:

Chuan Leekpai

Prime Minister

Published in the Royal Government Gazette, Judicial Volume

Vol. 116, Sect. 121 Gor dated December 2, 1999

REMARKS:

This Act.s Rationalization is as follows:

Whereas the Act Governing Fuel Oil Storage, B.E. 2474 has been in force for a long time and is neither suitable to the current circumstances nor in keeping with rapid developments of Technology, it is deemed expedient, therefore, that control of fuel oil-related businesses be adjusted to ensure appropriate manoeuvrability in keeping with current conditions of today.s operations. Moreover, new provisions are incorporated which will give the State the authority to arrange to have fuel oil depot(s) and fuel oil pipeline transportation system in place with provisions governing concessions as well as  various  other  details  concerning  supervision/control of   operations pertaining to storage and transportation of fuel oil beside improving other provisions concerning offences and criminal penalties so that they are more appropriate. It is, necessary, therefore, that this Act be enacted.

REMARKS:

The  term  .Minister  of  Interior.  is  changed  to  .Minister,  Ministry  of Energy.,.Parmanent Secretary  for   Interior.  changed to .Parmanent Secretary, Ministry of Energy., .Department of Public Works and Town & Country Planing. changed to .Department of Energy Business., .Director- General, Harbour Department. changed  to rector-General, Marine Department., .Director-General, Department of Public Works and Town & Country. to .Director-General, Department  of Energy Business., .Secretary-General of  the  National  Energy Policy Office. to  .Derector- General, Energy Policy and Planing Office. and .Derector-General, The Bureau of the National Safety Council of Thailand. to .Director-General, Department of Disaster Prevention and Mitigation. in this Act by Section 46 of the Bill to Revise the B.E. 2545 Act in keeping with the assignment of official  duties  in  pursuant with  the  Ministries, Authorities, Departments Improvement Act, B.E. 2545.

Rates of Fees

.....

litres volume.   Fraction of 10,000 litres

will be computed as 10,000 litres.

In issuing Ministerial Regulations to set these fees, they may be set at different  rates  by  taking  into  account  such things  as  that  particular operation.s characteristics, type or volume of fuel oil under the license being applied for.

Memorandum

on

Rationalization In Support of

Draft Ministerial Regulations to Define Criteria, Procedure and Conditions governing Notification, Authorization and Rates of Fees Pertaining to Fuel Oil Business Operations B.E...

Criteria

To  determine  the  criteria, procedure and conditions governing notification, authorization and rates of fees pertaining to fuel oil business operations.

Rationale

Whereas laws governing the control of fuel oils have stipulated that criteria, procedure and conditions pertaining to the notification and issuance of acknowledgement of receipt of notification, term of the license, application  and renewal of  the  license,  issuance of  replacement license, application and authorization for license transfer as well as rates of fees concerning fuel oil business operations pursuant with the said law shall be made in pursuant with Ministerial Regulations, it is necessary, therefore, that these Ministerial Regulations be issued accordingly.

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