Report of the Select Committee on Economic and Foreign

Affairs on the Petroleum Products Amendment Bill [B 16—

2004] (National Assembly—sec 75), dated 27 October 2004:


The Select Committee on Economic and Foreign Affairs, having

considered the subject of the Petroleum Products Amendment Bill

[B 16—2004] (National Assembly—sec 75), referred to it, reports the

Bill with proposed amendments, as follows:


NEW CLAUSES

1. That the following be new Clauses to precede Clause 1:

Amendment of section 1 of Act 120 of 1977, as amended by

section 1 of Act 61 of 1985, section 1 of Act 68 of 1991 and

section 1 of Act 58 of 2003


1. Section 1 of the Petroleum Products Act, 1977 (hereinafter

referred to as the principal Act), is hereby amended by the

substitution for the definition of ‘‘wholesale’’ of the following

definition:


‘‘ ‘wholesale’ means the purchase and sale in bulk of

petroleum products by a licensed wholesaler to or from

another licensed wholesaler, or to or from a licensed

manufacturer, or sale to a licensed retailer or to an

end-consumer for own consumption and ‘wholesaler’ shall

be interpreted accordingly;’’.


Amendment of section 2A of Act 120 of 1977, as inserted by

section 3 of Act 58 of 2003

2. Section 2A of the principal Act is hereby amended by the

substitution in subsection (4) for paragraph (c) of the following

paragraph:

‘‘(c) in the case of retail and wholesale licences be the owner

of the business [entity] concerned;’’.


CLAUSE 1

1. On page 2, in line 5, to omit all the words after the first ‘‘the’’ up

to and including ‘‘Act),’’ in line 6 and to substitute ‘‘principal

Act’’.


CLAUSE 2

1. On page 2, after line 9, to insert:

(a) by the substitution for subsection (1) of the following

subsection:


‘‘(1) The Minister must prescribe a system for the

allocation of site and their corresponding retail licences

[and the supply of prescribed petroleum products to

such licensees,] by which the Controller of Petroleum

Products shall be bound: Provided that the Controller of

Petroleum Products shall only be bound by the provisions of

such a system for the period set out in that regulation or any

amendment thereto or any substitution thereof which period

may not exceed 10 years from the date of commencement of

that regulation.’’;


LONG TITLE

1. On page 2, in the first line, after ‘‘as’’ to insert ‘‘to effect certain

technical adjustments;’’.