Petroleum Products Act, 1977 (Act No. 120 of 1977)2D. Transitional licensing provisions |
| (1) | For the purposes of this section— |
means to own or lease land, or to possess an option to purchase or lease land, that has been zoned and approved by appropriate authorities for use as a site: and
"process of developing"
means the construction of, or the completion of the infrastructure necessary to use such land as a site within a period of 12 months from the date of commencement of the Petroleum Products Amendment Act, 2003.
| (2) | Any person who, at the time of commencement of the Petroleum Products Amendment Act, 2003— |
| (a) | holds and is in the process of developing a site; or |
| (b) | manufactures or wholesales petroleum products, or retails prescribed petroleum products; |
shall, subject to subsection (3), be deemed to be the holder of a licence for that activity.
| (3) |
| (a) | Any person referred to in subsection (2) shall, within a period of six months from the date of commencement of this section, apply for a manufacturing, wholesale, site or retail licence, as the case may be. |
| (b) | Subsection (2) shall cease to apply if the person fails to apply for a licence within the period contemplated in paragraph (a). |
| (4) |
| (a) | An applicant contemplated in subsection (3) shall, on application, be entitled to be issued with a licence for the operation of the activity concerned if the applicant is in compliance with all national, provincial and local government legal requirements, that are in force immediately prior to the commencement of this Act for the operation of the activity concerned. |
| (b) | Such applicant shall be subject to the general conditions of a licence set out in this Act, but not to any financial security requirement prescribed by regulation. |
[Section 2D inserted by section 3 of Act No. 58 of 2003]