PETROLEUM (IMPORTATION, STORAGE AND SALE) g CAP. 25.             1
CHAPTER 25
PETROLEUM (IMPORTATION, STORAGE AND 
SALE) ORDINANCE
To regulate the importation, storage and hawking of petroleum and
other similar substances.
1st April, 1889
ORDINANCE IX of 1889, as amended by Ordinances: VIII of 1897 and
XXIX of 1934; Emergency Ordinance XIV of 1958; Ordinances: XVI of
1960 and XXV of 1962; Legal Notice 4 of 1963; Acts: IX of 1971, LVIII of
1974, XI and XVI of 1977, IX of 1982, XIII of 1983, XVII of 1991 and XXV
of 2000.
Short title.
(Importat-ion, Storage and Sale) Ordinance.
Interpretation.  
Substituted by: 
IX.1982.2.
2. In this Ordinance, "petroleum" means all natural
hydrocarbons whether in liquid or gaseous form, including crude
oil and natural gas, and whether in a crude or natural state or in a
processed or refined form.
Master of ship 
carrying petroleum 
to state nature of 
such cargo. 
Amended by: 
XXIX.1934.2; 
IX.1971.3; 
XIII.1983.5; 
XVII.1991.81.
3.  (1) The owner or master of every ship carrying a cargo any
part of which consists of petroleum shall report to the Malta
Maritime Authority the nature of such cargo together with any
other particulars which the Malta Maritime Authority may require.
(2) The agent of every ship carrying a cargo any part of which
consists of petroleum or, in default of such agent, the importer or
consignee of any cargo of petroleum shall give to the Malta
Maritime Authority three days previous notice of the arrival of any
such ship.
(3) If the owner, master, agent, importer or consignee shall fail
to comply with the provisions of this section he shall incur a
penalty not exceeding five hundred liri:
 Provided that in the case of the agent, importer or consignee,
such penalty shall not be incurred if it is shown to the satisfaction
of the court before which the case is tried that he had no knowledge
or could not with reasonable diligence have had knowledge of the
arrival of such ship.
Powers of 
Comptroller of 
Customs.  
Amended by: 
XVI.1960.3; 
IX.1982.2.
4. It shall be lawful for the Comptroller of Customs to cause a
sample of the petroleum on board such ship to be extracted, for the
purpose of its being tested in the manner approved by the Minister
responsible for ports, at such place and at such time as the said
Comptroller may appoint, and the master or any person appointed
by him may be present at the testing. The officer or other person so
testing shall certify as to the flashing point of the petroleum tested,
and his certificate thereon shall be receivable as evidence in any
proceedings; but it shall be lawful for the master to give evidence
in proof that such certificate is incorrect, and thereupon the court
may appoint experts to examine the petroleum to which the
    2               CAP. 25. h  PETROLEUM (IMPORTATION, STORAGE AND SALE) 
certificate relates, and to report thereon.
Power of Malta 
Maritime 
Authority.  
Amended by: 
XXIX.1934.3; 
L.N. 4 of 1963; 
IX.1971.3; 
XVII.1991.81.
5. (1) Subject to any general regulations made by the
Minister responsible for ports, it shall be lawful for the Malta
Maritime Authority to order that any ship carrying a cargo any part
of which consists of petroleum, shall not enter or discharge its
cargo of petroleum except in such port or bay and in such place as
may be fixed in the order, and if the master shall fail to execute
such order immediately, the Malta Maritime Authority shall cause
the ship to be taken in such port or bay and in such place at the cost
and risk of the master.
(2) The Malta Maritime Authority shall not allow the departure
of such ship until the expenses of the removal and the custody of
the ship and petroleum be paid to it.
Punishments.  
Amended by: 
XVI.1960.3.
6. The master of any ship referred to in article 3, who refuses
to give such assistance as the officers acting under the authority of
the Comptroller of Customs may require for extracting the sample
referred to in article 4, or any person who wilfully obstructs such
officers in the execution of their duties under the provisions of
article 4 shall be liable, on conviction, to imprisonment for a term
not exceeding three months and to a fine   ( ammenda ).
Power of Minister 
responsible for 
ports to make 
regulations.  
Amended by: 
XXIX.1934.3; 
L.N. 4 of 1963.
7. The Minister responsible for ports may make regulations
respecting the ports or bays in which ships carrying a cargo of
petroleum may enter, and the place at which such ships are to be
moored and are to land their cargo, as well as respecting the time
and mode of, and the precautions to be taken on, such landing.
Penalty in case of 
breach of 
regulations. 
Amended by: 
IX.1971.3; 
XI.1977.2; 
XIII.1983.5; 
XVII.1991.81.
8. (1) Where any ship is moored or any cargo is landed or
otherwise unladen in contravention of any regulation made under
the provisions contained in the last preceding section, the master of
such ship, or the owner of such cargo, as the case may be, shall
incur a penalty not exceeding fifty liri for each day, or part of a
day, during which such contravention shall continue.
(2) It shall be lawful for the Malta Maritime Authority to cause
such ship or cargo to be removed, at the expense of the owner
thereof, to such place as may be in conformity with the said
regulations, and all expenses incurred in such removal may be
recovered in the same manner as the penalties established in this
Ordinance.
Legal proceedings 
for the recovery of 
penalties and 
expenses.  
Amended by: 
L.N. 46 of 1965; 
LVIII.1974.68.
9. It shall be lawful for the Attorney General, on behalf of the
Government, to sue before the competent civil court, for the
recovery of any penalty or expense recoverable under the
provisions of this Ordinance.
The ship, and the 
master personally, 
liable for payment 
of penalties and 
expenses.
10. The ship, as well as the master thereof personally, shall be
liable for the payment of any penalty or for the reimbursement of
any sum of money due to the Government in respect of any expense
incurred under any of the provisions of this Ordinance.
PETROLEUM (IMPORTATION, STORAGE AND SALE) g CAP. 25.             3
Minister 
responsible for 
ports empowered 
to make the 
provisions of this 
Ordinance 
applicable to other 
inflammable 
articles. 
Added by: 
VIII.1897.2. 
Amended by: 
L.N. 4 of 1963; 
XVI.1977.47. 
Cap. 272.
11. The Minister responsible for ports shall have power to
make, revoke and vary, by a Government Notice to be published in
the Government Gazette, orders directing the provisions of this
Ordinance or of any regulations made in pursuance of this
Ordinance or of the Enemalta Act, or kept in force by that Act to
apply to any inflammable, explosive, or corrosive substance,
provided that the quantity of any substance to which this Ordinance
is directed by a Government Notice to apply, which may be kept
without a licence, shall be such quantity only as specified in that
behalf in such Notice and, if no such quantity is specified, no
quantity may be kept without a licence.
Minister 
responsible for 
ports empowered 
to make special 
regulations. 
Added by: 
VIII.1897.2. 
Amended by: 
XIV.1958; 
XXV.1962.2; 
L.N. 4 of 1963;
XXV. 2000.36.
Cap. 423.
* 12. The Minister responsible for ports shall have power to
make special regulations concerning the importation, storage and
hawking of any explosive or inflammable substance to which the
provisions of this Ordinance or of any orders made by the Minister
responsible for ports in pursuance of this Ordinance would not be
applicable:
Provided that such power shall not extend to the making of
regulations concerning the importation, storage and hawking of any
explosive or inflammable substance in relation to which the power
to make regulations is vested in the Malta Resources Authority
under the Malta Resources Authority Act.
*This section consisted of two subsections. Subsection (2) has been omitted in
consequence of section 47 of Act XVI of 1977.
