CHAPTER
218
LIQUEFIED PETROLEUM GAS |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Appointment of Inspectors. |
Defence for filling, storing, conveying liquefied
petroleum gas. |
Licence for installing or maintaining containers,
appliances, etc. |
Licence for rebuilding containers. |
Licence for sale of appliances. |
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Application for grant and duration of licences. |
Suspension and revocation of licences. |
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Special emergency powers. |
Minister's decision to be final. |
Penalty for obstructing execution of Act. |
Publication of basic standards. |
Indemnity against certain actions. |
Power to make Regulations. |
This Act in addition to, not in derogation of,
other laws. |
Application of Act and extension. |
CHAPTER 218 |
LIQUEFIED
PETROLEUM GAS |
An Act to
regulate the sale, storage and transportation of liquefied petroleum gas; to
provide for the installation and maintenance of liquefied petroleum gas
containers piping, fittings and appliances; and to authorise the adoption of
basic standards for the purposes of public safety in connection therewith. | 14 of 1988 |
[Assent 29th March,
1988]
[Commencement 1st December, 1988] |
1. This Act may be cited as the Liquefied Petroleum Gas
Act, 1988. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"appliance"
includes any appliance accessory and equipment intended to be used or operated
in connection with liquefied petroleum gas; |
"appliance
dealer" means a person engaged in the sale of any appliance; |
"basic
standards" means the prescribed basic standards or those standards
authorised by the Minister pursuant to section 15; |
"bulk
storage" means an installation for the storage of liquefied petroleum gas
using a container, or a system of interconnected containers, and the water
capacity of which exceeds two thousand gallons; |
"container"
includes every description of tank cylinder or drum used for the storage of
liquefied petroleum gas; |
"dealer and
subdealer" means a person who holds a dealer's or subdealer's licence,
respectively; |
"filling
density" means the percent ratio of the weight of gas in a container to
the weight of water the container will hold at 60°F (15.6°C); |
"gallon"
means the United States Standard Gallon being the equivalent of 0.833 imperial
gallons or 231 cubic inches or 3.785 litres; |
"licence"
means a dealer's or subdealer's licence, installer's licence, a
container-rebuilding licence, an appliance dealer's licence, as the case may
be, issued under section 9; |
"liquefied
petroleum gas" (LPG) means any material having a vapour pressure not
exceeding that allowed for commercial propane and composed wholly or
predominantly of any of the following hydrocarbons, or any mixture of them,
that is to say, propane, propylene, butanes (being normal butane or isobutane)
and butylenes; |
"Minister"
means the Minister responsible for Explosives and Volatile Substances; |
"one hundred
pound cylinder" means a portable container whose water capacity is two
hundred and thirty-eight point one pounds (238.1 lbs) and which when filled at
the maximum permitted filling density will contain a nominal one hundred pounds
(100 lbs) of liquid liquefied petroleum gas; |
"piping"
includes all accessories used in connection with the conveying through pipes of
liquefied petroleum gas; |
"portable
container" means a container used for the storage of liquefied petroleum
gas, the maximum water capacity of which shall not exceed 1000 lbs (nominal 420
lbs of liquid liquefied petroleum gas); |
"rebuild"
in relation to a container means the replacement of a pressure part, including
the wall, heads and bottoms of containers or the replacement of the porous
filling material thereof; |
"sell"
includes expose or offer for sale; |
"skilled
artisan" includes an electrician, a plumber, a roofer or other person who
may use liquefied petroleum gas in the normal pursuance of their trade; |
"water
capacity" means the amount of water in either pounds or gallons at 60°F
(15.6°C) required to fill a container liquid full of water. |
3. (1) For the purposes of this Act and of any
regulations made thereunder the Minister may designate suitably qualified
public officers to be inspectors, notice whereof shall be published in the Gazette. | Appointment of Inspectors. |
(2) The inspectors
shall, subject to such directions of the Minister whether of a general or
specific character as appear to him to be requisite in the public interest, be
responsible for the general administration of this Act. |
4. (1) Subject to subsection (2), no person shall sell,
store or convey liquefied petroleum gas except under and in accordance with a
dealer's or subdealer's licence. | Defence for filling, storing, conveying liquefied
petroleum gas. |
(2) A dealer's or
subdealer's licence shall not be required in respect of- |
(a) the sale of
non-refillable container, holding not more than one pound of liquid liquefied
petroleum gas; |
(b) the storage
by a person on his premises and for his own use of- |
(i) no
more than two portable containers the total liquid liquefied petroleum gas
contents of which shall not exceed two hundred pounds; |
(ii) containers
capable of holding more than one hundred pounds of liquid petroleum gas, the
installation of which has received the prior written approval of the Minister; |
(iii) containers
capable of holding more than one hundred pounds of liquid petroleum gas and in
use at the date of coming into operation of this Act, the installation of which
has not received the prior written approval of the Minister, for a period of
twelve months commencing on that date. |
(c) the storage
and conveyance on a vessel of liquefied petroleum gas in containers- |
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(ii) for
use on the vessel concerned, |
in
accordance with such conditions as the Minister responsible for Maritime
Affairs may have prescribed under the Merchant Shipping Act, 1976; |
(d) the storage
and conveyance of a container no greater than one hundred pounds cylinder by a
skilled artisan for use in connection with his trade; |
(e) the storage
and conveyance on a vehicle of liquefied petroleum gas in containers intended
for use- |
(i) as
the energy source for the propulsion of the vehicle; |
(ii) in
connection with a stove or other similar equipment on the vehicle, |
in
accordance with such requirements as the Minister may have prescribed. |
(3) The holder of
a dealer's licence may do any or all of the following- |
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liquefied
petroleum gas in containers subject to such conditions as may be prescribed in
respect thereof. |
(4) The holder of
a subdealer's licence may do any or all of the following- |
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liquefied
petroleum gas in portable containers subject to such conditions as may be
prescribed in respect thereof. |
5. (1) Subject to subsection (2), no person shall
connect or disconnect any container to or from any installation or engage in
the installation or maintenance of any container, piping or appliance except if
he is the holder of an installer's licence or is authorised to do so as an
employee of such a holder. | Licence for installing or maintaining containers,
appliances, etc. |
(2) Subsection (1)
shall not apply in relation to the connection or disconnection of a container- |
(a) not greater
than one hundred pounds cylinder and used by a skilled artisan in connection
with his trade; or |
(b) located and
intended for use on a vessel in accordance with any conditions prescribed by or
under the Merchant Shipping Act, 1976. |
6. No person shall rebuild a container except under and
in accordance with a container-rebuilding licence. | Licence for rebuilding containers. |
7. No person shall sell any appliance except under and
in accordance with an appliance dealer's licence. | Licence for sale of appliances. |
8. (1) Any person who contravenes section 4(1), 5(1), 6
or 7 shall be guilty of an offence and liable on summary conviction to a fine
of three thousand dollars or to imprisonment for twelve months or to both such
fine and imprisonment. | Offences. |
(2)
Notwithstanding anything to the contrary in this Act, it shall be lawful for an
employee of a licensed undertaking to engage in work to such an extent as may
be permitted by the terms and conditions of the licence issued to that
undertaking when acting under the instructions or supervision of the owner,
manager, or supervisor of the undertaking who is himself in possession of a
valid licence authorising the carrying out of such work. |
9. (1) All applications for licences or any renewal
thereof shall be made in writing to the Minister and shall contain such
information and particulars as may be prescribed. | Application for grant and duration of licences. |
(2) The Minister
may, upon receipt of an application, if he is satisfied that the applicant, his
employees or agents are competent to undertake in an efficient manner the
functions that would be conferred upon the applicant should the application be
granted, issue upon payment of the prescribed fee and subject to such
conditions as may be prescribed in respect of the grant thereof a licence of
one of the following types- |
(a) a dealer's
or subdealer's licence; |
(b) an
installer's licence; |
(c) a container
rebuilding licence; |
(d) an
appliances dealer's licence. |
(3) A licence
granted under subsection (2) shall be subject to- |
(a) the
competence of the applicant, his employees or agents, as the case may be, to
discharge the responsibilities conferred upon the licensee by virtue of holding
the respective licence; and |
(b) such
conditions as may be prescribed; and |
(c) such
conditions as the Minister sees fit to have endorsed an the licence for the
purpose of ensuring the achievement of the objectives of this Act. |
(4) Where the
Minister refuses to issue a licence or grant a renewal thereof he shall so
inform the applicant in writing. |
(5) Unless
suspended or revoked under section 10, a licence shall expire on the 30th June
of each year following that in which the licence or any renewal thereof has
been issued. |
10. (1) Where it appears to the Minister that a
licensee has breached any conditions subject to which the licence has been
granted, he may- | Suspension and revocation of licences. |
(a) subject to
paragraph (b) serve upon the licensee a notice specifying the condition
breached and requiring the licensee to remedy the breach within a time
specified in the notice if the breach is capable of being remedied and if, at
the expiration of such time, the breach has not been remedied, revoke the
licence; or |
(b) where the
breach is such as to endanger or be likely to endanger the health or safety of
members of the public, suspend or revoke the licence forthwith. |
(2) The Minister
may direct that any such suspension be limited to a particular type or aspect
of the operations as are authorised by the licence affected by the suspension. |
(3) Where the
Minister suspends or revokes a licence pursuant to subsection (1)(b), he shall
serve notice of the suspension or revocation upon the licensee, and in the case
of suspension specify the action required to be taken by the licensee before
the suspension may be removed and pending such removal the licence shall
subject to subsection (2) be of no effect. |
(4) Where the
Minister is satisfied that the licensee has taken the action required under
subsection (3), he shall remove the suspension. |
11. (1) An inspector may enter upon, search or inspect
any premises or vehicle where he has reason to suspect that- | Power to enter premises. |
(a) liquefied
petroleum gas is, or was stored in contravention of this Act or the basic standards,
for the purpose of ascertaining whether there is or has been such
contravention; |
(b) by reason
of the presence of liquefied petroleum gas on the premises or in the vehicle it
is necessary in the interest of public safety that inspections be carried out
as to the circumstances attending that presence. |
(2) An inspector
may seize and remove from any premises or vehicle any appliance or thing which
he considers as being in contravention of this Act or the basic standards or in
a dangerous state prejudicial to public safety. |
12. If at any time the Minister is satisfied that a
container, appliance, installation or vehicle used in connection with liquefied
petroleum gas is in such condition as to be the source of immediate danger to
life or to property in the vicinity, he may order- | Special emergency powers. |
(a) the
evacuation of such persons as he considers so endangered; |
(b) the dealer,
subdealer or installer responsible for the container, appliance, installation
or vehicle, to take whatever action the Minister considers reasonable to remove
the source of danger; |
(c) any
qualified personnel, in the event of a failure by a person mentioned in
paragraph (b) to comply as ordered, to effect such removal. |
13. Any decision by the Minister- | Minister's decision to be final. |
(a) to refuse
to issue, renew or transfer a licence; or |
(b) when
renewing a licence, to vary the terms, conditions or restrictions attached
thereto or to impose additional terms, conditions or restrictions; or |
(c) to suspend
or revoke a licence, |
under this
Act shall be final and shall not be enquired into in any court. |
14. Any person who wilfully obstructs or delays any
person in the exercise of the powers conferred by section 11 or in the carrying
out of any act directed pursuant to section 12 or without reasonable excuse,
the proof whereof shall lie upon him, fails to carry out any such act shall be
guilty of an offence and liable on summary conviction to a fine of one thousand
dollars or to imprisonment for six months or to both. | Penalty for obstructing execution of Act. |
15. (1) The Minister may from time to time authorise
the issue of booklets setting out the standards to be known as basic standards
which shall, subject to any prescribed modifications, regulate and specify- | Publication of basic standards. |
(a) the
standards required in storing, conveying and handling liquefied petroleum gas; |
(b) the
standards required for containers, piping and appliances; |
(c) the methods
of installation of containers, piping and appliances including provisions as to
all such other matters for which, in the opinion of the Minister, it is
desirable that provision be made, |
and the
provisions of any issue of basic standards authorised by the Minister shall for
the purpose of the enforcement thereof have effect as if they were Regulations
made under section 17 but to which section 30 of the Interpretation and General
Clauses Act, 1976 shall not apply. |
(2) A set of basic
standards as authorised from time to time shall be made available at the
Ministry of Works at a price to be determined by the Minister having regard to
the cost incurred by the Ministry obtaining the set. |
(3) The latest
issue of basic standards as specified in a notice by the Minister in the Gazette
shall supersede all previous basic standards and shall be deemed to be the
valid set of basic standards as from the date of the last notice. |
16. Subject to any written law, no action shall lie
against the Government, the Minister, or any other person acting under the
authority of the Minister, in respect of any loss or damage whatsoever suffered
by any person through the exercise in good faith by the Minister or by such
person of the powers conferred upon them by this Act, save only in respect of
any loss or damage which arises directly from the negligence of the Minister,
or any such person as aforesaid in the carrying out of any operation in
exercise of those powers. | Indemnity against certain actions. |
17. The Minister may make regulations- | Power to make Regulations. |
(a) providing
for the safety precautions to be taken in relation to the sale, storage, conveyance
and use of liquefied petroleum gas and to the installation, maintenance and
rebuilding of containers, piping and appliances connected therewith; |
(b) prescribing
the information and particulars to be contained in applications for licences or
any renewal thereof; |
(c) prescribing
the form and conditions of licences; |
(d) prescribing
the fees to be paid for a licence; |
(e) as to the
giving of security by a licensee in such form and manner to such extent as the
Minister sees fit or as may be prescribed for the due observance by the
licensee of the provisions of this Act or the basic standards as are applicable
to him; |
(f) requiring
licensees, their employees or agents, as the case may be, to hold certificates
of competency and regulating the grant of those certificates; |
(g) prescribing
the manner in which service of documents or notices may be made under this Act; |
(h) providing
for the exercise by inspectors and peace officers of the powers of entry and
search of premises, the stopping and search of vehicles and the issuing of
directions for the purpose of ensuring that there is compliance with the
provisions of this Act and any basic standards; |
(i) providing
for the imposition and recovery of penalties for breaches of the Regulations
made under this section or any directions issued under such Regulations; |
(j) as to the
keeping of records by a licensee in relation to any aspect of the licensed
undertaking and the submission to or inspection of those records by the
Minister; |
(k) generally,
for the better carrying out of the purposes of this Act and for prescribing
anything required by this Act to be prescribed. |
18. The provisions of this Act shall be in addition to
and not in derogation of the provisions of any other written law relating to or
affecting any place, trade, business or occupation with respect to which this
Act applies. | This Act in addition to, not in derogation of, other
laws. |
19. This Act shall apply to the Island of New
Providence but the Minister may by Order direct that all or any of the
provisions of this Act shall extend with such exceptions, adaptations and
modifications to any part of the Family Islands as may be specified in the
Order. | Application of Act and extension. |