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Petroleum Products Act, 1977 (Act No. 120 of 1977)

2. Powers of Minister and others with regard to petroleum products

 

(1) The Minister may be regulation or by notice in writing served on any person, whether personally or by post, and any person authorised thereto by the Minister may by such notice so served—

[Words preceding section 2(1)(a) substituted by section 2(a) of Act No. 61 of 1985]

(a) for the purposes of ensuring a saving in, and the efficient use of, petroleum products, regulate in such manner as he or she may deem fit, including the imposition upon any person of any duty in connection therewith, or prohibit—

[Words preceding section 2(1)(a)(i) substituted by section 2(a) of Act No. 58 of 2003]

(i) the use of any petroleum product for any purpose specified in the regulation or notice, as the case may be, or for the performance of any act so specified in a manner so specified;
(ii) the purchase, sale, supply, acquisition, possession, disposal, storage or transportation or the recovery and re-refinement of any petroleum product so specified;

[Section 2(1)(a) substituted by section 1 of Act No. 72 of 1979]

(b) for the purposes of ensuring an economy in the cost of distribution of petroleum products or the rendering of a service of a particular kind or of services of a particular standard, regulate in such manner as he may deem fit, or prohibit—
(i) the supply to any person of any equipment intended for the dispensing of any petroleum product;
(ii) the establishment or creation of an outlet for the sale of any petroleum product;
(iii) the transfer from one place to another of any business or undertaking conducted at an outlet;
(iv) the change of suppliers of petroleum products to any business or undertaking conducted at any outlet;
(v) the rendering of any service;
(vi) the supply of petroleum products to any business or undertaking conducted at any outlet at which any service of a particular kind or a service of a particular standard is not available to the public;
(c) prescribe the price, or a maximum or minimum price, or a maximum and minimum price, at which any petroleum product may be sold or bought by any person, and conditions under which the selling or buying of petroleum products other than in accordance with the prescribed maximum or minimum price may take place;

[Section 2(1)(c) substituted by section 2(b) of Act No. 58 of 2003]

(d) regulate in such manner as he may deem fit, or prohibit, any business practice, method of trading, agreement, arrangement, scheme or understanding which, in the opinion of the Minister, is calculated—
(i) to influence, or which may have the effect of influencing, directly or indirectly, the purchase or selling price of petroleum products at any outlet; or
(ii) to cause, or which may have the effect of causing, directly or indirectly, an increase in the price referred to in paragraph (c);

[Section 2(1)(d) substituted by section 1(a) of Act No. 46 of 1993]

(e) regulate in such manner as he may deem fit the supply of any petroleum product to any business or undertaking conducted at any outlet, including the imposition of conditions relating to the price at which such product may be sold to such business or undertaking or at such outlet, or prohibit such supply.

[Section 2(1)(e) substituted by section 1(b) of Act No. 46 of 1993]

(f) oblige any person to publish the prices at which petroleum products are available for sale including conditions relating to the frequency of such publications, its content and structure, the method and manner of its publication and the displaying thereof;

[Section 2(1)(f) inserted by section 2(c) of Act No. 58 of 2003]

(g) prescribe the quantities of crude oil or petroleum products to be maintained by any person.

[Section 2(1)(g) inserted by section 2(c) of Act No. 58 of 2003]

 

(2) Different regulations or notices may be issued under subsection (1) in respect of different classes or kinds of petroleum products or services or different persons or categories or groups of persons.