Interpretation of this Part
Open ↗77.—(1) In this Part and in section 113, unless the context otherwise requires —“dispensing” means transferring any class of petroleum or any flammable material from one container to any other container or containers for the purpose of distribution, through hose, pipe or by any other means (but not including a licensed pipeline) and includes discharging into a motor vehicle or from the tank of a road tanker;
“import” means to take or cause to be taken into Singapore by land, sea or air from any place outside Singapore, but does not include the bringing into Singapore by sea or air of any substance or product which it is proved to be intended to be taken out of Singapore on the same vessel or aircraft on which the substance or product was brought into Singapore without any landing or transhipment within Singapore;
“licensed pipeline” means any relevant pipeline licensed for the conveyance of any class of petroleum or any flammable material under section 82;
“licensed premises” means any premises licensed for the storage or keeping of any class of petroleum or any flammable material under section 78;
“liquefied petroleum gas” means any material having a vapour pressure not exceeding that allowed for commercial propane and composed predominantly of the following hydrocarbons, either by themselves or as mixtures, that is to say, propane, propylene, butane (normal butane or iso-butane) and butylenes;
“pipeline licence” means a licence for the conveyance of any class of petroleum or any flammable material through any relevant pipeline specified in the licence;
“place” includes houses, yards and open spaces appurtenant thereto, buildings and footways and any underground space;
“road tanker” means a goods vehicle as defined in the Road Traffic Act 1961 which has a tank that is structurally attached or is an integral part of the frame of the vehicle;
“storage licence” means a licence to store or keep any class of petroleum or any flammable material at any premises specified in the licence;
“transport”, in relation to any class of petroleum or any flammable material, means the carriage of such petroleum or flammable material by any vehicle on land from one place in Singapore to another place, whether within or outside Singapore, and includes —(a)
the packing, loading and unloading of the goods, and the transfer of the goods to or from a vehicle;
(b)
the marking of packages and unit loads containing any class of petroleum or any flammable material for transport, and placarding containers and vehicles in which such petroleum or flammable material are transported; and
(c)
any other matters incidental to their transport.[7/2004; 14/2013]
(2) For the purposes of this Part and section 113, a person may be regarded as transporting any class of petroleum or any flammable material —(a)
by the person marking packages and unit loads containing such petroleum or flammable material for transport, and placarding containers and any vehicles in which such petroleum or flammable material are transported;
(b)
by the person consigning such petroleum or flammable material for transport;
(c)
by the person loading such petroleum or flammable material into or onto a vehicle, or into a tank container or container that is to be put on a vehicle, for transport or unloading any class of petroleum or any flammable material that has been transported;
(d)
by the person marshalling vehicles and separating such petroleum or flammable material;
(e)
by the person undertaking, or being responsible for, otherwise than as an employee or subcontractor, the transport of such petroleum or flammable material;
(f)
by the person providing emergency information in relation to the transport of such petroleum or flammable material;
(g)
by the person driving a vehicle carrying such petroleum or flammable material;
(h)
by being the consignee of such petroleum or flammable material that are to be transported; or
(i)
by being involved as a director, secretary or manager of a body corporate, or other person who takes part in the management of a body corporate, that takes part in an activity referred to above.[34
[7/2004]
Storage of petroleum and flammable materials
Open ↗78. A person must not store or keep, or cause to be stored or kept, any class of petroleum or any flammable material except —(a)
in or on licensed premises;
(b)
in such quantities and in such manner and in accordance with requirements prescribed in relation to such petroleum or flammable material; and
(c)
under the authority of and in accordance with the provisions of a storage licence from the Commissioner and every condition specified therein.[35
[7/2004; 14/2013]
Import of petroleum and flammable materials
Open ↗79.—(1) A person must not import any class of petroleum or any flammable material if —(a)
the regulations require the person importing such petroleum or flammable material to hold a licence from the Commissioner to import such petroleum or flammable material; and
(b)
the person does not hold such a valid licence.[7/2004]
(2) A person must not import any class of petroleum or any flammable material unless the importation —(a)
is effected in accordance with the provisions of the person’s licence and with every condition specified therein; and
(b)
is in such quantities and in such manner and in accordance with requirements prescribed in relation to such petroleum or flammable material.[35A
[7/2004; 14/2013]
Transport of petroleum and flammable materials
Open ↗80.—(1) A person must not transport any class of petroleum or any flammable material (other than as a driver of a road vehicle) if —(a)
the regulations require the person transporting such petroleum or flammable material to hold a licence from the Commissioner to transport such petroleum or flammable material; and
(b)
the person does not hold such a valid licence.[7/2004; 14/2013]
(2) A person must not transport any class of petroleum or any flammable material (other than as a driver of a road vehicle) unless the transportation —(a)
is in accordance with the provisions of the person’s licence and with every condition specified therein; and
(b)
is in such quantities and in such manner and in accordance with requirements prescribed in relation to such petroleum or flammable material.[7/2004; 14/2013]
(3) A person must not drive any vehicle transporting any class of petroleum or any flammable material by road if —(a)
the regulations require the vehicle to be licensed to transport such petroleum or flammable material and the vehicle is not licensed by the Commissioner to carry such petroleum or flammable material; and
(b)
the regulations require the person to hold a permit from the Commissioner to drive a vehicle carrying such petroleum or flammable material and the person does not hold such a valid permit.[7/2004]
(4) A person must not drive any vehicle transporting any class of petroleum or any flammable material by road unless the person does so in such manner and in accordance with requirements prescribed in relation to such petroleum or flammable material, and in accordance with the provisions of the person’s permit and every condition specified therein.[7/2004; 14/2013]
(5) Nothing in this section applies to petroleum or any flammable material in the fuel tank of a vehicle which is used or intended to be used as fuel for that vehicle.[7/2004]
(6) Every permit issued by the Commissioner before 16 February 2005 authorising any person to drive any vehicle transporting any class of petroleum or any flammable material by road is deemed to have been issued under subsection (3)(b).[35B
[7/2004]
Dispensing of petroleum and flammable materials
Open ↗81. A person must not dispense or cause to be dispensed any class of petroleum or any flammable material except —(a)
in or on licensed premises;
(b)
in accordance with the provisions of the storage licence for the licensed premises and with every condition specified therein; and
(c)
in the case of the dispensing of any class of petroleum or any flammable material into cylinders, where the regulations require a person so dispensing that class of petroleum or flammable material to have the specific approval of the Commissioner, with such approval and in accordance with any conditions the Commissioner may impose.[36
[14/2013]
Pipelines for petroleum and flammable materials
Open ↗82. A person, being a pipeline owner, must not convey, or allow the conveyance of, any class of petroleum or any flammable material through any section of a relevant pipeline in relation to which the person is the pipeline owner except under the authority of and in accordance with the provisions of a pipeline licence from the Commissioner and every condition specified therein.[36A
[14/2013]
Conduct of works in vicinity of licensed pipeline
Open ↗83.—(1) A person (other than the holder of the licence) must not commence or carry out, or cause or permit the commencement or carrying out of, any works in the vicinity of the licensed pipeline unless the person —(a)
has given to the holder of the licence not less than 7 days’ notice in writing of the date on which it is proposed to commence the works;
(b)
has obtained from the holder of the licence the necessary information on the location of the licensed pipeline; and
(c)
has consulted the holder of the licence on the steps to be taken to prevent the licensed pipeline from being damaged while the works are being carried out.[14/2013]
(2) Every person who commences or carries out, or causes or permits the commencement or carrying out of, any works referred to in subsection (1) must —(a)
comply with all reasonable requirements of the holder of the licence for the prevention of damage to the licensed pipeline;
(b)
ensure that reasonable precautions are taken when such works are being carried out to prevent any damage to the licensed pipeline; and
(c)
allow the holder of the licence reasonable access to the work site for the purpose of inspecting or taking any necessary measures to protect the licensed pipeline.[14/2013]
(3) Upon receiving a notice under subsection (1)(a), the holder of the licence must —(a)
promptly inform the person giving the notice of the location of the licensed pipeline, and provide the person with such other information as may be necessary to enable the person to ascertain the exact location of the licensed pipeline;
(b)
advise the person on the precautions to be taken to prevent damage to the licensed pipeline; and
(c)
take all such measures at the work site as may be reasonable and necessary for the protection of the licensed pipeline and, in so doing, the holder of the licence must have regard to the potential risks and dangers that can arise from any damage to the licensed pipeline.[14/2013]
(4) Nothing in subsection (1) prohibits a person from commencing or carrying out, or causing or permitting the commencement or carrying out of, any works where the person has reasonable cause to believe that it is necessary to do so in the interest of public or private safety.[14/2013]
(5) The person mentioned in subsection (4) must, as soon as practicable but not more than 24 hours after commencing the work, give to the holder of the licence written notice stating the nature and extent of those works.[14/2013]
(6) Any person who contravenes subsection (1), (2), (3) or (5) shall be guilty of an offence.[14/2013]
(7) Subject to subsection (8), in any proceedings for an offence under subsection (6), it is a defence for the person charged to prove —(a)
that the person took all reasonable steps to discharge the person’s duty under subsection (1), (2), (3) or (5), as the case may be; or
(b)
that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.[14/2013]
(8) If, in any proceedings for an offence under subsection (6), the defence involves acting on information supplied by the holder of the licence, the person charged is not, without permission of the court, entitled to rely on that defence unless the person charged has, within 14 clear days before the hearing, served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of the person who supplied the person charged with the information.[14/2013]
[Act 25 of 2021 wef 01/04/2022]
(9) In this section —“construction works and services” has the meaning given by the Building and Construction Authority Act 1999;
“earthworks” has the meaning given by the Gas Act 2001;
“holder of the licence” means the holder of a pipeline licence for the licensed pipeline concerned;
“works” means any construction works and services or earthworks.[36B
[14/2013]
Damage to licensed pipeline
Open ↗84.—(1) Any person who wilfully or recklessly removes, destroys, damages or suffers to be damaged any licensed pipeline or hinders or prevents a licensed pipeline from being used or operated in the manner in which it is intended to be used or operated shall be guilty of an offence.[14/2013]
(2) In any proceedings for an offence under subsection (1), it is a defence for the person charged to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.[14/2013]
(3) If, in any proceedings for an offence under subsection (1), the defence involves acting on information supplied by a holder of the licence, the person charged is not, without permission of the court, entitled to rely on that defence unless the person charged has, within 14 clear days before the hearing, served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of the person who supplied the person charged with the information.[36C
[14/2013]
[Act 25 of 2021 wef 01/04/2022]
Offences
Open ↗85.—(1) Any person who contravenes section 78, 79(1) or (2), 80(1), (2), (3) or (4) or 81 shall be guilty of an offence.[7/2004; 14/2013]
(2) Any person who contravenes section 82 or 83 shall be guilty of an offence.[14/2013]
(3) Any person who contravenes section 84 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.[37
[14/2013]
Powers of entry, inspection, etc.
Open ↗86.—(1) For the purposes of this Part, the Commissioner has powers to —(a)
stop and examine any vehicle when he or she has reason to believe that any class of petroleum or any flammable material is being transported in the vehicle in contravention of this Act;
(b)
inspect, examine and test all classes of petroleum or any flammable material stored on land and for such purposes take samples thereof;
(c)
enter any place where he or she has reason to believe that any class of petroleum or any flammable material is stored in contravention of this Act; and
(d)
seize any stock of any class of petroleum, any flammable material or equipment in respect of which he or she has reason to believe that an offence under this Act has been committed.[7/2004; 14/2013]
(2) If any place liable to inspection under this section is closed, any person residing in or being in charge of such place must, on demand by any authorised officer, allow the authorised officer free entry thereto and provide all reasonable facilities for a search therein.[14/2013]
(3) If entry to such place cannot be obtained, any authorised officer may —(a)
break open any outer or inner door or window of that place;
(b)
forcibly enter that place and every part thereof; or
(c)
remove by force any obstruction to such entry or search.[38
[14/2013]
Power to waive requirements
Open ↗87.—(1) The Commissioner may upon application by any person —(a)
waive or modify any of the requirements of any licence or permit issued under this Part; or
(b)
waive the requirement for that person to obtain any licence or permit issued under this Part in any circumstances specified in writing by the Commissioner if the Commissioner is satisfied that fire safety will not be compromised in those circumstances.[14/2013]
(2) A waiver or modification under subsection (1) —(a)
may be granted subject to such conditions as the Commissioner may specify in writing; and
(b)
need not be published in the Gazette and may be revoked at any time by the Commissioner.[14/2013]
(3) The Commissioner may at any time add to, vary or revoke any condition imposed under this section.[14/2013]
(4) The Minister may, by regulations prescribed under section 113, provide that the powers of the Commissioner under subsection (1) are limited only to certain kinds of licences or permits or certain circumstances specified in the regulations.[38A
[14/2013]
Grant and renewal of licence or permit
Open ↗88.—(1) The grant of any licence or permit under this Part is in the absolute discretion of the Commissioner.[7/2004]
(2) Every licence or permit granted under this Part is subject to such conditions as the Commissioner thinks fit to impose.[7/2004]
(3) Every licence or permit granted under this Part, if it has not been cancelled under section 89, may, on the application of the holder of the licence or permit, be renewed by the Commissioner subject to such conditions as the Commissioner thinks fit to impose.[7/2004]
(4) Every licence or permit is, on payment of the prescribed fees, valid for such period not exceeding 3 years as the Commissioner may determine.[7/2004]
(5) Any person who is aggrieved by any decision of the Commissioner under this section may, within one month of being notified of the decision of the Commissioner, appeal to the Minister.[22/2019]
(6) Any person who contravenes any of the conditions of a licence or permit granted under this Part shall be guilty of an offence.[39
[7/2004]
Cancellation of licence or permit
Open ↗89.—(1) If —(a)
at any time it appears to the Commissioner —(i)
that any premises or vehicle, in respect of which a licence or permit has been granted, has become unfit for the purpose for which it was licensed by reason of the increase of building or of population in its neighbourhood; or
(ii)
that from any other cause, any licence or permit should for the public safety be cancelled; or
(b)
the person to whom the licence or permit was granted contravenes any of the conditions of the licence or permit,
the Commissioner may by order cancel the licence or permit.
[7/2004]
(2) The Commissioner must, before cancelling any licence or permit under subsection (1), give to the person concerned written notice of the Commissioner’s intention to do so specifying a date, not less than 21 days after the notice, upon which the cancellation takes effect and calling upon the person concerned to show cause to the Commissioner why the licence or permit should not be cancelled.[7/2004]
(3) When the Commissioner has cancelled the licence or permit under subsection (1), he or she must inform the person concerned by written notice of such cancellation as soon as it may be practicable.[7/2004; 14/2013]
(4) The person whose licence or permit has been cancelled may, within 14 days of the receipt of the notice mentioned in subsection (3), or such extended period of time as the Minister may allow, appeal in writing against the cancellation to the Minister.[7/2004; 22/2019]
(5) An order of cancellation does not take effect until the expiry of a period of 14 days after the Commissioner has informed the holder of the licence or permit in question of the order.[40
[7/2004]
Disposal of stocks and equipment
Open ↗90. Any property or thing seized or removed by the Commissioner in exercise of his or her powers under this Part or any regulations made under this Act must be confiscated and disposed of in such manner as the Commissioner thinks fit, and the proceeds (if any) of such disposal must be paid into the Consolidated Fund.[42
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
