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Petroleum Products Act, 1977 (Act No. 120 of 1997)

Regulations

Regulations regarding Petroleum Products Wholesale Licences

12. General conditions with regard to wholesale licence

 

(1) A licensed wholesaling activity must remain a going concern.

 

(2) A licensed wholesaler must—
(a) purchase petroleum products only in bulk from other licensed wholesalers or licensed manufacturers, except in the case of importation of petroleum products;
(b) in the case of petroleum product sold in the Republic of South Africa, except in the case of liquefied petroleum gas and paraffin, only sell in bulk to—
(i) licensed manufacturers;
(ii) licensed wholesalers;
(iii) licensed retailers; or
(iv) end consumers for own consumption;
(c) not, except in the case of liquefied petroleum gas and paraffin, make use of a business practice, method of trading, agreement, arrangement, scheme or understanding which would result in a licensed wholesaler holding a retail licence except for training purpose;

 

(3) A licensed wholesaler must—
(a) obtain an undertaking signed by the consumer that the petroleum products purchased from that wholesaler are for own consumption;
(b) comply with the Charter;
(c) submit the information set out in regulation 17;
(d) if so instructed, submit to the Controller on a date and in the manner specified in the instruction—
(i) information necessary for the regulation of prices of petroleum products;
(ii) data on petroleum products, purchased or sold and petroleum products stock levels during the period specified in the instruction;
(iii) information relating to progress in complying with the objectives of the Charter; and
(iv) any other information which might be required for regulatory purposes;
(e) keep minimum working stock levels in compliance with applicable regulations;
(f) pay the annual licence fee determined in Annexure B before the anniversary of the licence;
(g) allow any person authorised by the Controller in accordance with the Act access to the premises where wholesaling is conducted for the purposes of inspections or conducting an investigation;
(h) at all times comply—
(i) with the Act and these Regulations; and
(ii) carry out legitimate instructions from the Controller; and
(i) inform the Controller in writing of any change of address or telephone number within 30 days of the relevant change taking effect.

 

(4) A wholesale licence, or a certified copy thereof, must be prominently displayed at the place of business, where any person entering the place of business may read it; and

 

(5) Any licence issued in terms of these Regulations—
(a) remains the property of the Department of Energy;

[Subsection (5)(a) substituted by regulation 2 of Notice No. R. 1062 of 2012]

(b) may be cancelled or suspended at any time subject to Regulation 20.
(c) may not be tempered with or defaced in any manner;
(d) may not be altered in any manner; and
(e) is not transferable.