Revised Laws of Saint Lucia (2022)

Schedule 2

(Section 16)

DIRECTIONS FOR PREPARING AND USING APPARATUS FOR TESTING PETROLEUM

The apparatus used for testing Petroleum shall be the Abel Petroleum Testing Apparatus.

Directions for Drawing the Sample and Preparing it for Testing

1.   Drawing The Sample

In all cases the testing officer or some person duly authorised by him or her shall personally superintend the drawing of the sample from an original unopened tin or other vessel.

An opening sufficiently large to admit of the oil being rapidly poured or siphoned from the tin or other vessel shall be made.

Two bottles each of the capacity of about 40 fluid ounces are to be filled with oil. One of these, the contents of which is intended to be preserved for reference in case of need, is to be carefully corked, the cork being well driven home, cut off level with the neck, and melted sealing-wax worked into it. The other bottle may be either stoppered or corked.

2.   Preparing The Sample For Testing

About 10 fluid ounces of the oil, sufficient for 3 tests, are transferred from the bottle into which the sample has been drawn to a pint flask or bottle which is to be immersed in water artificially cooled until a thermometer, introduced into the oil, indicates a temperature not exceeding 50 degrees Fahrenheit.

Manner of Testing Petroleum

3.   Construction Of Apparatus

The Abel apparatus shall be constructed in accordance with the specification contained in Part I of Schedule 2 to the British Petroleum (Consolidation) Act, 1928 of the United Kingdom and verified and stamped by the Board of Trade in London.

4.   Placing of Apparatus

The test apparatus shall be placed for use in a position where it is not exposed to currents of air or draughts.

5.   Preparing The Heating Vessel Or Water-Bath

The heating vessel or water-bath shall be filled by pouring water into the funnel until it begins to flow out at the spout of the vessel. The temperature of the water at the beginning of the test shall be 130 degrees Fahrenheit and no heat shall be applied to the water-bath during the test. When a test has been completed and it is desired to make another test the water-bath shall be again raised to 130 degrees Fahrenheit which may conveniently be done while the petroleum cup is being emptied, cooled and refilled with a fresh sample to be tested. The next test is then proceeded with.

6.   Preparing The Test-Lamp

If an oil test-lamp is being used it shall be prepared by fitting it with a piece of flat plaited candle-wick, and filling it with colza or rape-oil up to the lower edge of the opening of the spout or wick tube. The lamp shall be trimmed so that when lighted it gives a flame of about 0.15 of an inch diameter, and this size of flame, which is represented by the projecting white bead on the cover of the oil-cup, is readily maintained by simple manipulation from time to time with a small wire trimmer. A gas test-lamp may be employed, and if so, the size of the jet of flame shall be adjusted to the size laid down above.

7.   Filling The Oil-Cup

Before the test is begun the temperature of the oil shall be determined and the temperature of the oil-cup shall be brought to approximately 50 degrees Fahrenheit. The oil-cup may be cooled by placing it bottom downwards in water at a temperature not exceeding 50 degrees Fahrenheit, care being taken to prevent any water entering the interior of the cup. The bath having been raised to the proper temperature, the cup shall be placed on a level surface in a good light, and the oil to be tested shall be poured into it, until the level of the liquid just reaches the point of the gauge which is fixed in the cup. The cover, with the slide closed, shall then be put on to the cup and pressed down so that its edge rests on the rim of the cup, and the cup shall be placed into the bath or heating vessel, every care being taken to avoid wetting the sides of the cup with the oil. The thermometer in the lid of the cup has been adjusted so as to have the correct immersion when the brass collar of the thermometer is properly seated, and its position shall not in any circumstances be altered. When the cup has been placed in the proper position, the scale of the thermometer faces the operator.

8.   Application Of The Test

The test-lamp shall then be placed in position upon the lid of the cup. When the temperature reaches 66 degrees Fahrenheit the operation of testing shall be begun, the test flame being applied once for every rise of one degree, in the following manner—

The slide shall be slowly drawn open while a metronome, set so as to beat at the rate of 75 to 80 beats in the minute, beats 3 times and shall be closed during the fourth beat. A pendulum of 24 inches effective length may be used in place of the metronome, counting one beat from one extremity of the swing to the other.

9.   Taking of Flash Point

The flash point shall be taken as the temperature read on the oil cup thermometer at the time of the flame application which causes a distinct flash in the interior of the oil cup. If a temperature of 73 degrees Fahrenheit has been reached without a flash occurring the testing officer shall certify that the petroleum has a flash point above 73 degrees Fahrenheit and is not “volatile petroleum” within the meaning of the Petroleum Act.

CHAPTER 14.09
PETROLEUM ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Petroleum Rules – Section 4

(Gazettes 14 March 1902, 3 June 1909, 12 June 1909 and S.I. 48/1952)

Gazette 14 March 1902 .. in force 14 March 1902

Amended by Gazette 3 June 1909, 12 June 1909 and S.I. 48/1952

PETROLEUM RULES – SECTION 4

Commencement [14 March 1902]

1.  

   1.   Petroleum shall not be landed from any vessel except between the hours of 7:00 a.m. and 5:00 p.m., unless by the special permission of the Director of Finance and Planning.

1.  

   2.   Immediately on the landing of any petroleum it shall be stored in such warehouse and in such part of the warehouse as is pointed out by the officer in charge.

1.  

   3.   All expense attending such storage shall be paid by the importer.

1.  

   4.   The importer shall pay into the Treasury for the storage at the rate of one cent per gallon for each month or part thereof.

1.  

   5.   Petroleum intended for retail shall be kept in properly closed iron or copper vessels to which brass cocks shall be affixed.

1.  

   6.   The officer in charge of the petroleum warehouse shall not deliver petroleum from such warehouse except on a requisition signed by the importer and approved by the Director of Finance and Planning.

1.  

   7.   All petroleum to be tested shall be kept in the petroleum warehouse and in the package in which it is imported.

1.  

   8.   The import duty on any petroleum not being volatile shall be paid into the Treasury before such petroleum is stored in the warehouse.

1.  

   9.   All risk attending the testing of any petroleum shall be borne by the importers.

1.  

   10.   The galvanised iron building erected on the Castries River Guide Bank is hereby appointed to be the petroleum warehouse.

Volatile Petroleum Regulations – Section 4

(Statutory Instruments 40/1955, 15/1961 and 7/1984)

Statutory Instrument 40/1955 .. in force 5 November 1955

Amended by S.I. 15/1961 .. in force 22 April 1961

Amended by S.I. 7/1984 .. in force 1 January 1984

ARRANGEMENT OF REGULATIONS

VOLATILE PETROLEUM REGULATIONS – SECTION 4

Commencement [5 November 1955]

1.   Citation

These Regulations may be cited as the Volatile Petroleum Regulations.

2.   Application of regulations

The landing and storage of volatile petroleum shall be conducted in accordance with these Regulations.

3.   Landing places

It is lawful for any vessel or tanker to berth and deliver volatile petroleum and similar products at any of the installations of the persons (hereinafter collectively referred to as petroleum dealers) mentioned in the Schedule to these Regulations.

4.   Tankers to keep steam

Every vessel or tanker while discharging any cargo at an installation shall keep sufficient steam to be able to move immediately if required.

5.   Hatches to be kept closed

While a vessel is at the discharging berth all hatches shall be kept closed.

6.   Sufficient crew to be kept on board vessel

Every vessel while berthed at an installation shall keep sufficient crew to work the ship in an emergency.

7.   Flame and smoking not allowed while vessel is working cargo

1.  

   (1)   A match or flame shall not be struck or lighted above or below deck by any person while any vessel is berthed at an installation, except for a proper working of the vessel.

1.  

   (2)   Smoking is not allowed on board any vessel while such vessel is working cargo and berthed at an installation.

1.  

   (3)   Subregulations (1) and (2) shall apply to any person on the wharf or pipe-line jetty during the times therein applicable.

8.   Private boats not allowed near vessel, pier or wharf

Boats other than those belonging to or connected with petroleum dealers or belonging to the port authority are not allowed within 100 feet of any vessel, pier or wharf where any such vessel is discharging or loading cargo.

9.   Sufficient extra Police to be kept

The agent of any ship using an installation shall employ at his or her own expense sufficient extra police supervision to the satisfaction of the Director of Finance and Planning to ensure close observance of the above Regulations.

10.   Liability of owner, master or other person in charge

The owner, master or other person in charge of any steamship or boat contravening any of these Regulations is liable on summary conviction to a penalty of $96.

11.   Penalty

Despite the liability imposed by regulation 10 whoever contravenes any of the foregoing Regulations is liable on summary conviction to a penalty of $96.

12.   Storehouse of Volatile Petroleum to be registered

A place shall not be used for storage of volatile petroleum, until it has been registered, and a permit (in accordance with the prescribed form) issued to the licensee authorising its use during the period covered by the licence.

13.   Storehouse to bear registered number

The registered number of the storehouse shall be placed on the door thereof in white figures on a red ground.

14.   Storehouse to be fireproof

A storehouse for the storing of volatile petroleum shall be constructed of fireproof material and be located in or at such site or place as the Director of Finance and Planning may approve.

15.   Storehouse not to be used for other purposes

Where a storehouse forms part of or is attached to a building used for other purposes, the whole of such building is considered to be the storehouse and no portion of such storehouse shall be used as a dwelling, or as a place where persons assemble.

16.   Storehouse to be ventilated, etc.

Every storehouse shall be thoroughly ventilated and provided with secure fastenings and a sufficient quantity of sand for use in case of fire.

17.   Storehouse subject to inspection

Storehouses shall be subject to inspection by any revenue officer or any police officer, or any other person authorised in writing by the Director of Finance and Planning for the purpose, at any reasonable time.

18.   Containers to be of metal

Volatile petroleum shall not be imported, kept, used or conveyed except in metal containers so substantially constructed as not to be liable, except under circumstances of gross negligence or extraordinary accident, to be broken or become defective or insecure.

19.   Containers to be airtight

Every such container shall be so constructed and maintained that no leakage, whether of liquid or vapour, can take place therefrom.

20.   Contents of containers to be marked thereon

Every such container when used for conveying or keeping volatile petroleum shall bear the words “volatile petroleum” “highly inflammable” legibly and indelibly stamped or marked thereon.

21.   Dangerous vapours to be removed before containers are repaired

Before repairs are done to any such container, that container shall as far as practicable, be cleaned by the removal of all volatile petroleum and of all dangerous vapours derived from the same.

22.   Director of finance and planning to grant licence

The Director of Finance and Planning may grant a licence to any person to import, store, use or sell volatile petroleum subject to the conditions contained in these Regulations.

23.   Licence for use and sale

1.  

   (1)   The Director of Finance and Planning may grant to any person whom he or she considers fit, a licence for the use of volatile petroleum in such quantity not exceeding 2500 gallons and for storage in such place and under such conditions and restriction, if any, as may be stated in such licence. (Amended by S.I. 15/1961)

1.  

   (2)   The Director of Finance and Planning shall grant to any person in Saint Lucia whom he or she considers fit, upon application in writing for that purpose a licence to sell volatile petroleum. Such application shall state the building or part thereof, in which volatile petroleum is intended to be kept.

24.   Permit to keep Volatile Petroleum in tanks

1.  

   (1)   The Director of Finance and Planning may grant to any person who is duly licensed to import, store or sell volatile petroleum a permit to keep volatile petroleum in tanks for the purpose of supplying such volatile petroleum to motor vehicles.

1.  

   (2)   Such permit shall state the building or part thereof wherein such tank is to be kept.

1.  

   (3)   Such tanks shall comply with either of the following requirements—

   1.  

      (a)     tanks approved by the Director of Finance and Planning of a capacity not exceeding 2500 gallons connected with a standard within or against the building and from which standard may run a flexible hose across the sidewalk. This hose shall be used in such manner as not to impede or interfere with any traffic; (Amended by S.I. 15/1961)

   1.  

      (b)     mobile vehicles with metal tanks to be approved by the Director of Finance and Planning of a total capacity not exceeding 550 gallons which may be wheeled out from the building or place in which it is kept for the purpose of supplying gasolne and be taken back without undue delay to such building or place where such vehicle shall be habitually kept.

25.   Appeal to Governor General for grant of licence refused by Director of Finance and Planning

If, on any application for a permit under these Regulations the Director of Finance and Planning refuses such permit, the applicant may within 10 days of such refusal appeal to the Governor General praying that the permit be granted despite such refusal. The Governor General, may, on consideration of such application direct the Director of Finance and Planning to grant the permit prayed for on such conditions as may be considered expedient.

26.   Duration of licence and particulars therein

Any such licence may be for one year beginning on 1 January, or for 6 months beginning on 1 January or July, or for 3 months beginning on 1 January, April, July, or October; and every such licence shall mention the building in which the volatile petroleum is intended to be kept.

27.   Rates

There shall be payable on such licences the following sums which shall form part of the General Revenue of the State, that is to say—

(Substituted by S.I. 7/1984)

28.   Governor General may alter rates

The Governor General may at any time alter the above rates, and such altered rates shall come into force from the time of publication in the Gazette.

29.   Holder of Licence vicariously responsible

The holder of a volatile petroleum licence is held liable for the breach of any of the provisions of these Regulations by any person employed by him or her or over whom he or she has control, or for whom he or she is responsible.

30.   Importation

Volatile petroleum may be imported under these Regulations only by a person to whom a licence has been issued.

31.   Storage in shops for sale

The maximum storage of kerosene in shops for sale shall be 50 gallons.

32.   Bulk Storage at Installations

The maximum storage of volatile petroleum at—

1.  

   (a)     the bulk storage installation of the Petroleum Marketing Company at La Toc, Castries, shall be in case of:

   	(i)	Gasoline	105,000 gallons,
   	(ii)	Kerosene	105,000 gallons;

1.  

   (b)     the Bulk Storage Installation of Esso Standard Oil S.A. at Bananes Bay, Castries, shall be in case of:

   	(i)	Gasoline	87,500 gallons (Imperial),
   	(ii)	Kerosene	52,500 gallons (Imperial),
   	(iii)	Diesel Oil	52,500 gallons (Imperial).

33.   Sale

1.  

   (1)   A person shall not deal in, sell, or dispose of volatile petroleum except under a licence issued under these Regulations or otherwise than in accordance with the terms of such licence.

1.  

   (2)   A person possessing a licence to sell under these Regulations may sell or dispose of volatile petroleum only to any other person possessing a licence to import, store, use or sell.

34.   Penalty

Every person who contravenes any of the provisions of these Regulations is liable on summary conviction to a penalty not exceeding $50.

35.   Forfeiture

If any volatile petroleum is kept, or is offered for sale or sold or disposed of contrary to the provisions of these Regulations, the same shall be liable to be seized by any revenue officer, police officer, and upon proof of such keeping, or such offering for sale, sale or disposal shall be adjudged by any magistrate to be forfeited, and the person so offending is further liable to a penalty not exceeding $50 for contravention of these Regulations.

36.   Power of Governor General on forfeiture

Any volatile petroleum forfeited together with the vessels containing it shall be dealt with as the Governor General may direct.

37.   Disposal of proceeds

The proceeds of any forfeited volatile petroleum, and any penalty recovered under these Regulations, shall be paid in the Treasury for the use of Saint Lucia, but in either case the informer, seizing officer, or other officer concerned in the seizure or recovery shall be paid such proportion thereof, if any, as may be determined by the Governor General.

38.   Forms

The forms appended to these Regulations with such variations as circumstances require or such other forms as the Director of Finance and Planning may prescribe may be used and shall be sufficient for the purposes of these Regulations.

Schedule