| (1) |
The Minister may, without derogating from his or her general regulatory powers, make regulations— |
| (i) |
the form and manner in which an application for a licence or an amendment to an already issued licence shall be made; |
| (ii) |
procedures to be applied in the evaluation of an application for a licence, and the period within which it shall be considered; |
| (iii) |
the monies payable for licences; |
| (iv) |
the form of a licence; |
| (v) |
conditions of licence which may be imposed by the Controller of Petroleum Products in respect of a particular licence or a category of licences, including— |
| (aa) |
the rights, duties and obligations of licensees in the manufacture, handling, storage, packaging, dispensing and sale of petroleum products; |
| (bb) |
conditions relating to the advancement of historically disadvantaged South Africans; |
| (cc) |
the number of retail licences that may be held by a licensed wholesaler for retail training purposes; |
| (vi) |
the obligation of a licence holder to keep records and to furnish particular information to the Controller of Petroleum Products, and the frequency of furnishing such information; |
| (vii) |
the transfer of ownership of licences, excluding the price of the licensed property; |
| (viii) |
the termination of a licence and the procedures relating to such termination; |
| (aA) |
regarding the purchase or sale, by licensed wholesalers and manufacturers, of petroleum products manufactured from coal, natural gas or vegetable matter and conditions relating thereto; |
[Section 12C(1)(aA) inserted by section 5 of Act No. 2 of 2005]
| (aB) |
regarding the supply, to a licensed retailer, of petroleum products manufactured from coal, natural gas or vegetable matter and conditions relating thereto; |
[Section 12C(1)(aB) inserted by section 5 of Act No. 2 of 2005]
| (b) |
prohibiting a business practice which conflicts with the objectives referred to in sections 2B(2) and 2C; |
| (c) |
regarding the records and information to be kept by the Controller of Petroleum Products, and the furnishing thereof to third parties in accordance with the provisions of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000); |
| (d) |
regarding the continuity of supply of petroleum products by licensees under normal operating conditions, and in cases of potential or actual emergency, including an amendment to a licence; |
| (e) |
regarding the specifications and standards of petroleum products; |
| (f) |
regarding the prohibition of the blending or mixing of different petroleum products or the blending or mixing of petroleum products with other substances which will lead to deviation from prescribed petroleum product specifications or standards or for the purpose of avoiding the payment of any tax, duty or levy; |
| (g) |
regarding the rehabilitation of land used in connection with a licensed activity by the licensee concerned, including the lodging of financial security for rehabilitation purposes and the composition and amount of such security; and |
| (h) |
he period within which a decision on an appeal should be given. |
| (2) |
The Minister shall, except in an emergency, prior to promulgating any regulation contemplated in subsection (1)(e)— |
| (a) |
invite public comment thereon by publishing in the Gazette the full particulars of the specification or standard; |
| (b) |
allow a period of not less than two months after the date of publication of such Gazette for the submission of public comment; and |
| (c) |
duly consider such comments. |
[Section 12C inserted by section 13 of Act No. 58 of 2003]
Special Investigating Units and Special Tribunals Act, 1996
