| (c) | hold or develop a site without there being a site licence for that site; |
issued by the Controller of Petroleum Products.
| (a) | If a person engages in an activity in contravention of subsection (1) the Controller of Petroleum Products must by written notice direct that person to cease such activity forthwith. |
| (b) | The Controller of Petroleum Products may allow a person to continue with an activity contemplated in paragraph (a) pending an application and the issuing of a licence if the cessation of such an activity is likely to lead to a material interruption in the supply of petroleum products. |
| (c) | If an application contemplated in paragraph (b) is unsuccessful, the Controller of Petroleum Products must by written notice direct that person to cease such activity and, if applicable, to rectify any state of affairs resulting from that person's activities within the period stipulated in the notice. |
| (3) | If a person engages in an activity in contravention of a licence issued to that person, the Controller of Petroleum Products must by written notice direct that person to comply with the licence and, if applicable, to rectify any state of affairs resulting from such contravention within the period stipulated in the notice. |
| (4) | Any person who has to apply for a licence in terms of subsection (1) must— |
| (a) | in the case of a manufacturing licence be the owner of the property concerned and if not the owner must have the written permission of the owner; |
| (b) | in the case of a site licence be the owner of the property concerned or in the case of publicly owned land have the written permission of the owner; |
| (c) | in the case of retail and wholesale licences be the owner of the business concerned; |
[Section 2A(4)(c) substituted by section 2 of Act No. 2 of 2005]
| (d) | do so in the form and manner prescribed. |
| (5) | No person may make use of a business practice, method of trading, agreement, arrangement, scheme or understanding which is aimed at or would result in— |
| (a) | a licensed wholesaler holding a retail licence except for training purposes as prescribed, but excludes wholesalers and retailers of liquefied petroleum gas and paraffin; |
| (b) | self-service by consumers of prescribed petroleum products on the premises of a licensed retailer. |
| (6) | A licensed manufacturer shall only sell petroleum products to a licensed wholesaler or a licensed retailer, or both, except for export purposes. |
| (7) | A licensed retailer shall only purchase petroleum products from a licensed wholesaler or a licensed manufacturer, or both. |
[Section 2A inserted by section 3 of Act No. 58 of 2003]
