Jersey Law 15/1984
PETROLEUM (JERSEY) LAW, 1984.
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A LAW to regulate the keeping,
storage, conveyance, handling and use of petroleum-spirit and other substances
and for purposes connected therewith, sanctioned by Order of Her Majesty in Council
of the
25th day of JUNE, 1984.
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(Registered on the
20th day of July, 1984).
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STATES OF JERSEY.
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The 24th day of
November, 1981.
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THE
STATES, subject to the sanction of Her Most Excellent Majesty in Council,
have adopted the following Law: -
ARTICLE
1
Interpretation
(1) In
this Law, unless the context otherwise requires –
“the Committee” means the Defence Committee;
“contravention” includes, in relation to any provision,
a failure to comply with that provision, and the expression
“contravene” shall be construed accordingly;
“hovercraft” means a vehicle which is designed to be
supported when in motion wholly or partly by air expelled from the vehicle to
form a cushion of which the boundaries include the ground, water or other
surface beneath the vehicle;
“inspector” means a person so appointed by the
Committee for the purpose of this Law;
“licence” means a licence granted by the Committee
under this Law authorizing the keeping of petroleum-spirit;
“licensed premises” means any premises in respect of
which a licence is for the time being in force;
“motor vehicles” includes all mechanically-propelled
vehicles intended or adapted for use on roads;
“petroleum” includes crude petroleum, oil made from petroleum,
or from coal, shale, peat or other bituminous substances, and other products of
petroleum;
“petroleum-spirit” means such petroleum as when tested
in the manner for the time being set out in the Second Schedule to the
Petroleum (Consolidation) Act, 1928 (18 and 19 Geo. 5 c.32) of the United
Kingdom gives off a flammable vapour at a temperature of less than twenty-three
degrees Celsius.
(2) Unless
the context otherwise requires, references in this Law to any enactment
(including an Act of Parliament of the United Kingdom) include references to
that enactment as amended, extended or applied by or under any other enactment
and to any enactment repealing and re-enacting that enactment with or without
further amendment.
ARTICLE
2
Petroleum-spirit not to be kept without a licence
(1) Subject
to the provisions of this Law, petroleum-spirit shall not be kept unless a
licence is in force authorizing the keeping thereof and the petroleum-spirit is
kept in accordance with the terms of the licence:
Provided that the provisions of this paragraph shall not apply to
any petroleum-spirit which is kept in suitable vessels, securely stopped and of
which the aggregate amount kept does not exceed 25 litres.
(2) The
occupier of any premises in which petroleum-spirit is kept in contravention of
this Article shall be liable to a fine not exceeding one hundred pounds for
every day on which the contravention occurs or continues, and the Court before
whom any person is convicted under this paragraph may order that the petroleum-spirit
in respect of which the contravention occurs and any vessel in which it is
contained be forfeited or otherwise dealt with in such manner as the court
thinks fit.
(3) If
any person to whom a licence is granted contravenes any condition of the licence,
he shall be liable to a fine not exceeding one hundred pounds for every day on
which the contravention occurs or continues.
ARTICLE
3
Provisions as to licences
(1) The
Committee may, on application being made in such form as it may require, on
payment of any prescribed fee, grant a licence authorizing the keeping of
petroleum-spirit.
(2) A
licence shall be in such form, and be in force for such time, and subject to
such provisions as to renewal, as the Committee may determine.
(3) The
Committee may by Order prescribe the fees payable on the grant or renewal of a
licence.
(4) The
Committee may attach to a licence such conditions as it thinks fit as to the
mode of storage, the nature and situation of the premises in which, and the
nature of the goods with which, petroleum-spirit is to be stored, the
facilities for the testing of petroleum-spirit from time to time, and generally
as to the safe-keeping of petroleum-spirit.
(5) Subject
to the provisions of this Law, the Committee may at any time where it considers
it right and proper to do so cancel a licence or vary any conditions attached
to such licence.
(6) Where
conditions to be observed by persons employed are attached to any licence, the
occupier of the premises to which the licence relates shall cause to be kept
posted on the premises, in such form and in such position as to be easily read
by the persons employed on the premises, a notice setting out those conditions,
and –
(a) if
the occupier of any premises fails to comply with the foregoing requirements of
this paragraph he shall be liable to a fine not exceeding twenty pounds for
every day on which the failure occurs or continues; and
(b) if
any person pulls down, injures, or defaces any notice posted in accordance with
the requirements of this paragraph, he shall be liable to a fine not exceeding
twenty pounds; and
(c) if
any person employed contravenes any condition of which notice has been given in
accordance with the requirements of this paragraph, he shall be liable to a
fine not exceeding twenty pounds.
ARTICLE
4
Notice of refusal, cancellation, etc. of licence
(1) The
Committee shall not –
(a) refuse
an application for the grant or renewal of a licence; or
(b) attach
any condition to such a licence, other than a condition attached on the grant
or renewal of the licence, or vary any such condition; or
(c) cancel
a licence;
unless it has given to the applicant or the holder of the licence,
as the case may be, not less than seven days notice in writing of the intention
so to do and the reasons for so doing, and every such notice shall state that
if, within the period of such notice, the applicant or the holder of the
licence informs the Committee in writing that he desires to do so, the
Committee, before refusing or cancelling the licence or attaching or varying
the condition, will afford him an opportunity of being heard in person or by a
representative, against such refusal or cancellation or the attachment to the
licence of such condition.
(2) If,
after affording an applicant or a holder of a licence, as the case may be, an
opportunity of being heard, the Committee decides to refuse the application, to
attach or vary the condition, or to cancel the licence, notice in writing shall
be given to the applicant or holder of the licence as aforesaid and, if so
requested in writing by him, the Committee shall, within seven days of
receiving such a request give to him a statement in writing of the reasons for
the decision.
ARTICLE
5
Right of appeal
(1) Any
person aggrieved by –
(a) the
refusal of an application for a licence or for the renewal of a licence; or
(b) the
attachment of any condition to a licence or the variation of any condition
attached to a licence; or
(c) the
cancellation of a licence;
may, within the twenty-eight days next following the day on which
notice of the decision of the Committee was given to him under paragraph (2) of
Article 4 of this Law or, in the case of a condition attached on the grant or
renewal of a licence, within twenty-eight days next following the day on which
he was notified of the grant or renewal of the licence, appeal to the Inferior
Number of the Royal Court, in term or in vacation, on the ground that the
decision of the Committee was unreasonable having regard to all the
circumstances of the case, and the decision of the Inferior Number of the Royal
Court shall be final and without further appeal, but without prejudice to the
right of the Inferior Number to refer the matter to the Superior Number of the
Royal Court.
(2) If
any person appeals against the cancellation of a licence or against a condition
attaching to a licence, the cancellation of the licence, or, as the case may
be, the condition attached, shall not take effect until the appeal is abandoned
or determined.
ARTICLE
6
Provisions as to labelling
(1) Subject
to the provisions of this Article, where any petroleum-spirit –
(a) is
kept at any place; or
(b) is
sent or conveyed between any places in the Island; or
(c) is
sold or exposed or offered for sale;
there shall be attached to, or where that is impracticable,
displayed near, the vessel containing the petroleum-spirit, a label showing, in
conspicuous characters, the words “Petroleum-Spirit” and the words
“Highly Flammable”:
Provided that, for the purposes of this paragraph, petroleum-spirit
carried in the fuel tank of any motor vehicle, ship, aircraft or hovercraft and
intended to be used only for the purposes thereof shall not be deemed to be
sent or conveyed.
(2) Any
person who keeps, sends, conveys, sells, or exposes or offers for sale any
petroleum-spirit in contravention of this Article shall be liable to a fine not
exceeding twenty pounds, and the court before whom any person is convicted in
respect of any such contravention may order that the petroleum-spirit in
respect of which the contravention occurs and any vessel in which it is
contained be forfeited or otherwise dealt with in such manner as the court
thinks fit.
ARTICLE
7
Conveyance of petroleum-spirit by road
(1) The
States may by regulations make provision for the conveyance of petroleum-spirit
by road and for protecting persons or property from danger in connexion with
such conveyance and, without prejudice to the generality of the foregoing
provisions of this Article, may make provision –
(a) for
regulating the description and construction of vehicles to be used in the
conveyance of petroleum-spirit by road;
(b) for
prohibiting or subjecting to conditions and restrictions the conveyance by road
of petroleum-spirit with any explosive, or with any articles or substances, or
in passenger vehicles;
(c) for
prescribing the quantity of petroleum-spirit which may be conveyed at one time
or in one vehicle;
(d) for
prescribing the precautions to be observed in the conveyance of
petroleum-spirit by road, and in loading and unloading vehicles used in such
conveyance, and the time during which the petroleum-spirit may be kept during
such conveyance, loading and unloading as aforesaid.
(2) Any
person who contravenes or attempts to contravene the provisions of any
regulations made under this Article shall be liable to a fine not exceeding one
hundred pounds for every day on which the offence occurs or continues.
ARTICLE
8
Provisions as to keeping and use of petroleum-spirit for the
purpose of motor vehicles, motor boats, aircraft, hovercraft and engines
(1) The
States may by regulations make provision for the keeping and use of
petroleum-spirit by persons intending to use it for the purpose of any class of
motor vehicles, motor boats, aircraft, hovercraft or engines specified in the
regulations, and any such regulations may exempt from any of the foregoing
provisions of this Law the keeping and use of petroleum-spirit by persons
intending to use it for the purpose of any such class as aforesaid to which the
regulations apply.
(2) Any
person who contravenes the provisions of any regulations made under this
Article shall be liable to a fine not exceeding one hundred pounds for every
day on which the offence occurs or continues.
ARTICLE
9
Powers of entry and inspection
(1) An
inspector shall have power, on production if so required of evidence of his
authority, to make such examination and inquiry as he may think necessary to
ascertain whether the provisions of this Law or of any regulations made
thereunder are complied with, and for that purpose he may –
(a) enter,
inspect and examine at all reasonable times any licensed premises and every
part thereof, and any premises in which any petroleum-spirit is kept, or is
suspected by him to be kept, in contravention of the provisions of this Law or
of any regulations made thereunder;
(b) require
the occupier of any premises which he is so entitled to enter, or a person
employed therein by the occupier, to give him samples of any petroleum on the
premises;
(c) test
or cause to be tested any samples so obtained by him.
(2) The
occupier of any such premises as aforesaid, and any servant or agent of the
occupier shall render to an inspector all such assistance as the inspector may
think necessary for the purposes of any entry or examination which he is
entitled under this Article to make.
(3) Any
person who –
(a) fails
to permit an inspector to enter and examine any premises as aforesaid; or
(b) fails
or refuses to render to an inspector such assistance as may be necessary for
the purposes of an entry or examination; or
(c) otherwise
obstructs an inspector in the execution of his duties;
shall be guilty of an offence and shall be liable to a fine not
exceeding one hundred pounds.
ARTICLE
10
Application of this law to other substances
(1) The
States may by regulations apply to any other substance any of the provisions of
this Law specified in the regulations, with such modifications, if any, as may
be so specified.
(2) Where
any regulations relating to any other substance are in force under this
Article, the provisions of this Law thereby applied shall have effect as if
that other substance were included in the definition of petroleum-spirit in
Article 1 of this Law, but subject to such modifications, if any, as may be
provided by the regulations.
ARTICLE
11
Orders
The Subordinate Legislation (Jersey) Law, 1960, as amended, shall apply to Orders made under this Law.
ARTICLE
12
Short title and commencement
(1) This
Law may be cited as the Petroleum (Jersey) Law, 1984.
(2) This
Law shall come into force on such day or days as the States may by Act appoint
and different days may be appointed for different purposes of this Law.
E.J.M. POTTER,
Greffier of the States.