(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 |