PETROLEUM (SAFETY MEASURES) (TRANSPORTATION OF PETROLEUM BY WATER) REGULATIONS 1985

PETROLEUM (SAFETY MEASURES) (TRANSPORTATION OF PETROLEUM BY WATER) REGULATIONS 1985

IN exercise of the powers conferred by section 45 of the Petroleum (Safety Measures) Act 1984, the Minister makes the following regulations:

PART I PRELIMINARY

1. Citation and commencement.

These Regulations may be cited as the Petroleum (Safety Measures) (Transportation of Petroleum by Water) Regulations 1985 and shall come into force on the 1st March 1985.

2. Interpretation.

(1) In these Regulations, unless the context otherwise requires, words and expressions shall have the same meaning as in the Petroleum (Safety Measures) Act 1984.

(2) For the purpose of these Regulations--

"Classification Society" shall mean those classification societies that are endorsed by the Surveyor General of Ships;

"foreign going ship", "home trade ship" and "local-trade ship" shall have the same meaning as in the Merchant Shipping Ordinance 1952, the Merchant Shipping Ordinance 1960 of Sabah and the Merchant Shipping Ordinance 1960 of Sarawak;

"International Maritime Organization" means the organization formerly known as the Inter-Governmental Maritime Consultative Organization established by the convention in the Inter-Governmental Maritime Consultative Organization 1948;

"recognised authority" means the Surveyor General of Ships of the national authority of the flag state of the vessel as the case may be;

"senior officer of Customs" shall have the same meaning as in the Customs Act 1967;

"Surveyor General of Ships" means the person appointed under subsection (2) of section 10 and the Merchant Shipping Ordinance 1952; and

"vessel" shall be deemed to be a vessel constructed to carry petroleum of Class IA, Class IB or Class Ic in bulk or to carry Class IA, Class IB or Class Ic petroleum in packages as the case may be, and such vessel--

(a)possesses a certificate certifying that it is so constructed issued by a Classification Society endorsed for this purpose by the Surveyor General of Ships; or

(b)certified by the Surveyor General of Ships as having been so constructed.

34. Certification before repairs.

(1) Within the limits of a port, no repairs or other similar operations to any compartment or pipeline of a vessel which has contained petroleum other than Class IA, Class IB or Class Ic petroleum shall commence or be carried out unless an Inspector has certified--

(a)that he has examined such compartments or pipelines and such other parts of the vessel as he may think fit; and

(b)that he is of the opinion that such other parts as mentioned in paragraph (a) are free from inflammable vapour.

(2) Paragraph (1) of this regulation shall not apply to repairs which are carried out externally and do not involve the use of burning, welding or rivetting to any compartment or pipelines.

(3) The certificate of the Inspector shall be as in Form B in the Second Schedule.

35. Delegation of functions by Surveyor General of Ships.

The Surveyor General of Ships may delegate the exercise of any of the functions conferred upon him by these Regulations to such persons as he may think fit.

36. Fees.

The fees in respect of all licences, permits and certificates referred to in these Regulations shall be in accordance with the Fifth Schedule.

37. Prohibitions when inflammable liquid is on board any boat 5 or similar craft.

No person shall smoke and no fire or artificial light of any description (other than the regulatory navigation and anchor lights necessary by exceptional circumstances) shall be lighted or kept alight on any boat or similar craft having on board any inflammable liquid having a flash point below 60°C.

38. Penalty.

Any person who contravenes any provision of these Regulations shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and in the case of a continuing offence, he shall be liable to a further fine not exceeding five thousand ringgit for each or part of the day during which the offence continues.

39. Regulations do not apply.

Except as provided in regulations 37 and 38 nothing in these Regulations shall apply to acetic ether (ethyl acetate), acetone or methylated spirit.

40. Repeal and saving. L.N. 813/53. Sabah S. 198/60.

(1) Parts I, II, III and IV of the Petroleum Regulations 1953 and Part III of the Petroleum Rules, 1960 are hereby repealed.

(2) Notwithstanding the revocation of the said Regulations, any certificate, licence, permit or exemption granted under any of the said Regulations shall, so far as it could have been granted under these Regulations, continue in force until superceded, revoked, cancelled or otherwise terminated and shall have effect as if granted under these Regulations.

Provided that any such certificate, licence, permit or exemption which is expressed to remain in force for a definite period shall not remain in force after the expiration of that period unless it shall be renewed in accordance with the provisions of these Regulations.