Professional Documents
Culture Documents
[CAP. 13:22]
ARRANGEMENT OF SECTIONS
Section
1. Title.
2. Interpretation.
3. Licence for LPGas business.
4. Application for LPGas wholesale licence.
5. Conditions attaching to LPGas wholesale licence.
6. Issuance, duration. surrender and renewal of licence.
7. Suspension or cancellation of licence.
8. Amendment and replacement of licence.
9. Register of licence.
10. Application for a LPGas retail licence.
11. Conditions attaching to LPGas retail licence.
12. Issuance. duration, surrender and renewal of licence.
13. Suspension or cancellation of licence.
14. Amendment and replacement of licence.
15. Register of licence.
16. Powers of inspection.
17. Reporting of accidents and fires.
18. LPGas minimum quality specifications.
19. LPGas skills certification.
20. LPGas cylinder manufacture and testing.
21. Responsibility of licensees.
22. General penalty.
FIRST SCHEDULE: Prescribed forms.
SECOND SCHEDULE: Prescribed fees.
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Title
1. These regulations may be cited as the Petroleum (Liquid
Petroleum Gas) Regulations, 2014.
Interpretation
2. In these regulations-
"Act" means the Petroleum Act [Chapter 13:22]; read in
conjunction with the Energy Regulatory Authority Act
[Chapter 13 :23];
"Bulk Liquid Petroleum Gas" means Liquid Petroleum Gas
(hereafter referred to as LPG as ) contained in a receptacle
of a capacity exceeding eighty kilograms;
"cylinder or brand owner" means a licensed person who has
introduced cylinders, bearing his or her brand name or
mark, into the market through his or her network of
wholesalers or retailers, by purchasing or importing from
a manufacturer or acquiring the cylinders or brand from
another licensee;
"ISO 6406: 2005 on Periodic Inspection, Testing and Maintenance
of Transportable Gas Containers" refers to an
International Standard which gives guidelines on the
testing of cylinders of Liquefied Petroleum Gas;
"licence" means a legal instrument issued by the Regulatory
Authority granting rights and obligations of the liquefied
Petroleum Gas business operator;
"licensee" means the holder of a licence issued under these
regulations;
"Liquid Petroleum Gas" means LPGas which is normally
commercial propane, commercial butane or mixture
thereof and meets quality specifications as specified in
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subsection (l)(a), (c) or (d) and shall call upon the licensee to show
cause, within 14 days from the date of the notice, why the licence should
not be amended.
Register of licences
9. (1) The Regulatory Authority shall maintain or cause to be
maintained a register of licences in which shall be recorded in relation to
each licence-
(i) the name of the licensee; and
(ii) the nature of the licence; and
(iii) any terms and conditions subject to which the licence was issued;
and
(iv) any renewal, amendment, suspension or cancellation of the licence.
(2) The register kept in terms of subsection (1) shall be open for
inspection by members of the public at all reasonable times at the offices
of the Regulatory Authority on payment of a fee, if any, specified by the
Regulatory Authority.
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(e) a person shall not fill the standard capacity cylinder unless
the cylinder conforms to SANS 10019:2011
Transportable pressure receptacles for compressed,
dissolved and liquefied gases- Basic design.
manufacture, use and maintenance; and ISO 6406; 2005
Periodic Inspection, Testing and Maintenance of
Transportable Gas Containers; and
(d) no person shall fill cylinders above 15 kg belonging to
other brand owners without permission from the brand
owner; and
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(a) in the first quarter of the year, shall pay the full prescribed
issuance fee; or
(b) in the second quarter of the year, shall pay three-quarters
of the prescribed issuance fee; or
(c) in the third quarter or fourth quarter of the year, shall pay
half of the prescribed issuance fee.
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(2) The register kept in terms of subsection (1) shall be open for
inspection by members of the public at all reasonable times at the
offices of the Regulatory Authority on payment of a fee, if any,
specified by the Regulatory Authority.
Powers of inspection
16. (I)The Regulatory Authority or any person acting on its behalf,
may inspect any vehicle, premises, facility or installation suspected of
being engaged in the business of transportation, processing, supply,
storage and distribution, wholesale and retail of LPG as for the purpose
of ascertaining whether the provisions of the Act and these regulations
are being observed.
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(2) The certificate must ensure that the person certified under
subsection (1) above has the necessary LPGas knowledge and skills to
undertake LPGas works.
Responsibility of licensees
21. A licensee shall take all reasonable and proper steps to ensure
that-
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1.
(a) the provisions of these regulations and the conditions of
the license are known to and observed by all persons
employed in or usually present in or about the licensed
premises; and
(b) unauthorised persons do not have access to the licensed
premises.
General penalty
22. (1) A person who contravenes any of the provisions of these
regulations commits an offence and shall on conviction, be liable to a
fine not exceeding level nine or imprisonment for a period not
exceeding five years or to both such fine and such imprisonment.
(2) In any case where the person who contravenes any of the
provisions of these regulations is licensed under these regulations, the
Regulatory Authority may, after due enquiry. suspend or revoke his or
her licence notwithstanding any other pena1ties that may have been
imposed.
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Renewal endorsements:
This licence was renewed for the period ending 31st December of year:
............................................................................................................... .
Signature of renewing officer; ......................... ....................................
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FORM ER2
ER2
SERIAL No………………
.
LIQUID PETROLEUM GAS WHOLESALE LICENCE
Issued in accordance with the Petroleum (Liquid Petroleum Gas)
Regulations, 2014
District: ……………………… Licence No:………………………….
Name of local authority: ..................................................................... .
Name of retailer:
………………………………………………………..
ID/Company registration number: ...................................................... .
Physical/Residential
address:…………………………………………...
Physical address(es) of trading sites):
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
Tel. No: ............. Cellphone No: ................E-mail address…………..
……..
Expiry date: 31st December of the year: ............................ .................
Signature of issuing officer: ... ........................................... ............... .
Designation: . .......................... ……………………………………….
RENEWAL ENDORSEMENTS:
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Fee
Section Description Form
$US