Petroleum Products Act, 1977 (Act No. 120 of 1997)RegulationsRegulations regarding Petroleum Products Site and Retail LicencesChapter 1 : Site Licences12. Transfer of site licence |
| (1) | In the case of a licence issued to a person in respect of whom section 2D of the Act is not applicable, a site licence must be transferred when the land or a written permission, in the case of publicly-owned land, in respect of which the site licence has been issued, changes ownership, subject thereto that— |
| (a) | the new owner of that land, the new permit holder, applies in writing to the Controller to have that licence transferred within six months of taking ownership or possession of the site; |
| (b) | the applicant— |
| (i) | pays the relevant site licence fee determined in Annexure 6 into the relevant regional bank account; |
| (ii) | submit proof of payment of the relevant fee to the Controller; and |
| (iii) | provide proof of the financial provision, contemplated in regulation 14(b)(ii), for the purposes of rehabilitating a site upon the cessation of retailing activities; and |
| (c) | the applicant provides a certified copy of the title deed to the land or a certified copy of the deed of transfer of ownership of the land, to the Controller. |
| (2) | In the case of a licence issued to a person in respect of whom section 2D of the Act is applicable, the site licence issued to— |
| (a) | a land owner, must be transferred to the new owner of that land; or |
| (b) | a lessee, must be transferred to the new lessee or to the new owner of that land. |
| (3) | The site licence transfer contemplated in subregulation (2) must be subject to— |
| (a) | the lodging of an application therefor within six months of change of ownership or lease; |
| (b) | the payment of the relevant site licence fee determined in Annexure B into the relevant regional bank account; and |
| (c) | the provision of a certified copy of the title deed or of the deed of transfer or of the lease agreement, to the Controller. |
| (4) | Any new owner or permit holder or lessee of the land in respect of which a site licence has been issued, who fails to apply for the transfer of a site licence, within six months of taking ownership or possession of that site or of the lease, shall be in contravention of the Act and these Regulations. |
| (5) | In the event of a transfer of a site licence, the provisions of these Regulations apply, subject to the necessary changes. |