| (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; |
| (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 |
Special Investigating Units and Special Tribunals Act, 1996
