SELECT COMMITTEE ON ECONOMIC AND FOREIGN AFFAIRS

REPORT

B 16 – 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 and classified by the JTM as a section 75 Bill 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 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, from line 5, to omit "Petroleum" up to and including "Act)," in line 6 and to substitute "principal Act":

CLAUSE 2

  1. On page 2, after line 9, to insert the following paragraph:
    1. 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 of the Long Title, after "as" to insert "to effect certain technical adjustments;".

 

 

Committee Room V226

Parliament

27 October 2004

 

_______________________

Chairperson: Ms N D Ntwanambi

 

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