Liquor Act, 2003 (Act No. 59 of 2003)Schedule 1 : Transitional Provisions2. Transition from repealed laws to provincial legislation |
| (1) | Despite section 46, in respect of each province, a provision of a law mentioned in Schedule 2 that concerns the micro-manufacture, retail sale or consumption of liquor or methylated spirits remains in force within that province until a date determined in accordance with subitems (2) and (3) and declared by notice in the Gazette. |
| (2) | The Premier of a province, or the Member of the Executive Council responsible for liquor in the province, may notify the Minister that the government of that province wishes to consult with the Minister on the determination of a date contemplated in subitem (1), at any time after the legislature of that province has enacted legislation that— |
| (a) | is consistent with the objects and purposes of this Act; |
| (b) | provides for regulation of the micro-manufacture, retail sale and consumption of liquor, and methylated spirits within that province; |
| (c) | requires every person engaging in the micro-manufacture or retail sale of liquor or methylated spirits within that province to be registered, or to have a licence or permit, to perform any of those activities; |
| (d) | with respect to the registration or licensing of activities contemplated in paragraph (c)— |
| (i) | provides for a reasonable procedure, having regard to the competing demands of simplicity, transparency and cost-effectiveness, for the application, evaluation and granting of registration, licences or permits required by that legislation; and |
| (ii) | provides for the maintenance of a registry of any persons, firms and premises required to be registered or licensed in terms of that legislation, and the reporting of that information to the Minister; |
| (iii) | establishes enforcement mechanisms to ensure proper monitoring and compliance by any persons registered or licensed in terms of that provincial legislation; and |
| (e) | provides reasonable transitional protection of the rights of existing licencees in terms of the laws repealed by section 46, to the extent that those licences involve the micro-manufacture, retail sale or consumption of liquor or methylated spirits. |
| (3) | After receiving a notice in terms of subitem (2), the Minister must either— |
| (a) | in consultation with the appropriate Member of the Executive Council, determine a date contemplated in subitem (1) and declare that date by notice in the Gazette; or |
| (b) | if the Minister on reasonable grounds believes that the provincial legislation does not substantially meet the criteria required by subitem (2), notify the responsible Member of the Executive Council of that province to that effect, setting out the Minister’s reservations with respect to the provincial legislation. |
| (4) | Until the date contemplated in subitem (1) with respect to any particular province, a reference in this Act to "applicable provincial legislation" must be regarded as being a reference to the provisions of any law mentioned in Schedule 2 that concern the micro-manufacture, retail sale or consumption of liquor or methylated spirits. |