Section 1
This Act may be cited as the Petroleum (Pipe-lines) Short title
Act.
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Petroleum (Pipe-Lines) Act is Brunei Act, cited as Act 45 1984, currently marked in force and first recorded in 1984.
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Petroleum (Pipe-lines)
REVISED EDITION 1984
CHAPTER45
PETROLEUM (PIPE-LINES)
Opening note
This Act may be cited as the Petroleum (Pipe-lines) Short title
Act.
In this Act -
"person" includes a corporation, whether aggre-gate or sole;
Interpreta-tion
"petroleum" means petroleum as defined in the cap.
Petroleum Mining Act;
"pipe" and "pipe-line" mean a pipe or pipe-line used or intended to be used for conveying pet-roleum or the products of petroleum in bulk from a place of main storage to a point of distribution or a point of export from Brunei;
"public road" means any highway by land whether for foot, bridle or wheeled traffic which is main-tained out of public funds or is open to public use.
( 1) It shall not be lawful for any person to use or to lay and connect on any land in Brunei (whether such land is or is not the property of any such person) any pipes without permission first had and obtained.
Permission to lay pipe-lines necessary
Every person desirous of obtaining permission to use or to lay and connect any such pipe-line shall apply in writing to the Minister for leave to do so.
Such application shall be accompanied by a plan of the lands showing, as nearly as may be, the names of the
B.L.R.O. 111984
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Notice to disconnect pi.Pe-line laid without permission
Petroleum (Pipe-lines)
owners and occupiers thereof, and also the course and direc-tion of the pipe-line and the position of any pumping stations, tanks or other works in connection with such pipe-line.
His Majesty the Sultan and Yang Di-Pertuan in
Council may thereupon, and upon such terms and condi-tions as he may think fit, grant permission to such petition-er-
to lay and connect any pipe-line over such lands as may be the property of the petitioner or over which he may have obtained way leave, and as to such lands, if any, as are not his property or over which he has not obtained way leave, to pro-ceed under section 6.
In any case in which the owner or occupier of any
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such land is not known or cannot be found, such notice may
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be served by affixing the same in some conspicuous place in such lands.
Should the requirements of any such notice not be complied with within 48 hours of the service or affixing thereof, it shall be lawful for any person authorised in writ-ing by the Minister with such workmen and assistants as may be necessary to enter upon any land and carry out the re-quirements of such notice, and thereafter to re-enter from
Petroleum (Pipe-lines)
time to time to enforce and keep enforced such require-ments without order or further authority.
( 4) Production of such written authority shall be suf-ficient evidence of the issue thereof, and no proof of the signatures thereon shall be necessary.
( 5) Any person obstructing the execution by any person so authorised, his workmen or assistants of anything required to be done to give effect to the requirements of any such notice so long as the same is in operation shall be guilty of an offence: Penalty, a fine of $500.
S.
A person who, after any pipe-lin~ has been discon-nected in accordance with the provisions of section 4, recon-nects the same, without having applied for and received permission under section 3 shall be guilty of an offence:
Penalty, a fine of $500 and $100 for each day during which such pipe-line continues so re-connected.
Every person desirous of laying pipe-lines on the lands of other persons who has obtained permission to pro-ceed as mentioned in paragraph (b) of subsection ( 4) of section 3, shall give notice in writing to the owners of such lands of his desire to lay down such pipe-lines, and of his intention after the expiration of 14 days from the date of such notice on a specified day to enter upon such lands for the purpose of fixing the location of such pipe-lines, and within 14 days of such entry shall serve each of such owners with a statement in writing containing full particulars of the description and proposed location of such pipe-lines.
Any such owner after receipt of such notice and state-ment of particulars may assent to the laying down of such pipe-lines upon payment of such compensation as may be agreed upon, and any assent so given shall be binding on all parties having any estate or interest in the land.
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Penalty for reconnecting without permission
Notice to land owner of desire to lay pipe-line
Assent to proposal
B.L.R.O.JIJ984
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Procedure when owner is under a disability
Dissent from proposal
Petroleum (Pipe-lines)
When the owner of the land is a minor or is mentally deficient or is unable to read and write or suffers under any other disability or incapacity, both parties shall appear be-fore the Minister who shall keep a record of all such agree-ments, and no such agreement shall become operative till it has been certified by the Minister to be fair and reasonable.
In the event of such dissent there shall be de-cided by the Minister on the application of the person desir-ing to lay pipe-lines, unless the parties mutually agree to accept arbitration, the questions following, that is to say -
whether the proposed pipe-lines will cause any injury to such owner, or to the occupier or other person interested in the lands; and
whether any injury that may be caused is or is not of a nature to admit of being fully com-pensated for by money.
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The result of any such decision shall be as fol-lows, that is to say
if the decision is that no injury will be caused to the owner, occupier or other parties interested in the lands, the person giving notice may proceed forthwith to lay the pipe-line;
if the decision is that injury will be caused to the owner, occupier or other party interested in the lands, but that such injury is of a nature to admit of being fully compensated by money, the
Minister or arbitrators shall proceed to assess such compensation and to apportion the same amongst
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Petroleum (Pipe-lines)
the parties in his or their judgment entitled thereto subject to the provisions contained in section 11;
and on payment of the sum so assessed the person giving notice may proceed to lay the proposed pipe-line;
if the decision is that injury will be caused to the owner, occupier or other party interested in the land, and that such injury is not of a nature to admit of being fully compensated by money, the person giving notice shall not be entitled to lay the proposed pipe-line.
7 10.
Where any application is made ufider section 9, the
Procedure
Minister may summon the parties to appear before him at a time and place to be named in the summons, and upon the appearance of such parties, or in the absence of any of them, upon proof of the due service of the summons, it shall be lawful for the Minister to hear and determine the ques-tion and amount of the compensation and for that purpose to examine such parties or any of them and their witnesses upon oath, and the cost of every such inquiry shall be at his discretion and he shall settle the amount thereof.
Where the compensation assessed by the Minister or arbitrators under section 10 is payable to any owner or other person who is under any disability or incapacity, or is not entitled to receive the same for his own benefit, or is absent from Brunei, or when any other difficulty or question arises, such compensation shall be paid into court.
Upon the application by petition of any person mak-ing claim to any moneys deposited under section 11, the
High Court may in a summary way at the cost of the person giving notice under section 6, and after such notice as the
Court may deem fit and to such person or persons as the
Court shall direct, order distribution and payment of such
Compensati-on to owners under disability
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Money deposited to be paid out on order of
High Court
B.L.R.O.l/1984
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Power to enter land to inspect and repair pipes
Obstructing owners of pipe-lines and other persons interested
Petroleum (Pipe-lines)
moneys according to the respective rights and interests of the persons making claim to such moneys or any part there-of and may make such other order in the premises as to the
Court shall seem fit.
When pipe-lines are removed, the surface of the land shall forthwith be restored to its former condition. In default thereof such restoration may be carried out by the owner of the land, and the costs thereof shall be recoverable from the person liable therefore in court without limit of amount.
Any person hindering, obstructing or interfering with the exercise by any.<>wner or person in charge of a pipe-line, or by any other person, or by the servants or agents duly authorised in writing of any such owner or person of any right of entry upon lands conferred by this Act for the pur-pose of laying and connecting or repairing, inspecting or removing any pipe-line shall be guilty of an offence: Penal-ty, a fine of $500.
Liability of
The provisions of this Act shall not relieve any owner owner of pipes to make of a pipe-line of the liability to make compensation to the
~~~~~~sa-owner or occupier of the land or the agents, workmen or damage servants of such owner or occupier for any damage or injury done or caused by the exercise or use of any power or authority hereby conferred or by any irregularity trespass or other wrongful proceeding in the execution of this Act, or
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Petroleum (Pipe-lines)
by the breaking or bursting of any pipe, or by reason of any defect in any pipe:
Provided that if before action brought in respect thereof such owner of pipe-lines make tender of sufficient amends to the party injured, such last mentioned party shall not recover in any action.
It shall be lawful for His Majesty in Council to de-clare that any pipe-line or system of pipe-lines shall be deemed to be and be common carriers; and from and after the publication of such declaration the owners or operators of every such pipe-line or system of pipe-lines shall at all times, in accordance with such rules and-'regulations as may from time to time be made by His Majesty in Council, make full and adequate provision in regard to the carriage of crude oil, as such common carriers and shall, if required so to do by His Majesty in Council, increase the carrying capacity of any such pipe-line or system of pipe-lines and the capacity of their pumping stations tanks and other ap-pliances:
Provided that such owners or operators shall not be bound to increase the capacity of their pipe-lines, tanks, pumping stations and other appliances save upon the re-quisition of producers or crude oil, who have given guaran-tees satisfactory to the Minister of the permanence of the supply of crude oil to be carried by such owners or oper-ators, and that such owners or operators shall not be bound to carry crude oil below a flash point which may from time to time be fixed by the Minister, or otherwise than in accordance with rules and regulations to be made as aforesaid:
Provided also that such owners or operators shall not be obliged to place at any one time at the disposal of the public more than 20 per cent of the full carrying capacity of their pipe-line as then constituted.
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Owners of pipe-line may be declared to be common carriers
B.L.R.O.l/1984
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Rules and regulations
Pipe-lines in, over or across a public road
Petroleum (Pipe-lines)
The rules and regulations mentioned in section 16
may among other things fix a limit to the rates which the owners or operators of a pipe-line may charge for the car-riage of oil, and the terms and conditions upon which such owners or operators shall be bound to carry oil, and may attach a penalty not exceeding $500 to the breach by such owners or operators of any such rule or regulation, and provide a method for deciding all questions as to the per-formance of their obligations towards the public, including questions as to the damages payable by such owners or operators or other their liabilities for failure to perform such obligations. Such owners and operators shall execute in favour of His Majesty in Council, and his successors a bond with 2 or more sufficient sureties, to be approved by His
Majesty in Council, in the sum of $10,000, conditioned for the payment by them of any penalty or payment of any such sum to which they may have become liable under such rules or regulations and for compliance with any such decision as aforesaid.
It shall be lawful for His Majesty in Council to grant leave to any person to lay and connect a pipe-line in, over or across any public road under such terms and conditions as to him seem fit, and thereafter it shall be lawful for such person to lay such pipe-liiles subject to the said terms and condi-tions and to exercise all the rights powers and privileges thereby conferred without let or hindrance by any other person.
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