S.L. 545.15 Art. 3Requirement of an authorisation.

(1) The carrying out of the activity of a biofuels and, or bioliquids operator shall require an authorisation:

Provided that a biofuels and, or bioliquids operator who has been expressly authorised by the Regulator and as it may in writing have established, to undertake any activity or operation in relation to biofuels under the Petroleum for the Inland (Wholesale) Fuel Market Regulations, and, or the Petroleum for the Inland (Retail) Fuel Market Regulations, shall not require an authorisation under these regulations. Without prejudice to the foregoing, the Regulator may impose any such conditions it may consider appropriate in the circumstances, including any condition or obligation arising under these regulations, any further conditions prescribed by the Regulator from time to time and any other obligations imposed in terms of law.

(2) Without prejudice to any obligation under any other law, the wholesaling of blends of biofuel and, or bioliquids and petroleum products shall require an authorisation under these regulations when the biofuel content of the blend exceeds the maximum limit of biofuel content in MSA EN 590 and MSA EN 228.

(3) An authorised biofuels and, or bioliquids operator may store petroleum products for the purpose of blending with biofuels and, or bioliquids, provided that the relevant authorisation for the storage of petroleum is obtained from the Regulator.

(4) An authorised biofuels and, or bioliquids operator shall abide by all the conditions prescribed in the authorisation, any further conditions prescribed by the Regulator from time to time and any other obligations imposed in terms of law.

(5) Any person who produces and imports biofuels and, or bioliquids for his own exclusive use and who does not produce or import in excess of 2,000 litres in the course of a calendar year, shall not require an authorisation in terms of these regulations: Provided that such person is required to notify the Regulator of the fact of such production or importation, in such form and manner as may be required by the Regulator, and to submit to the Regulator such information as may be required from time to time: Provided further that such person shall observe any code of practice, guideline or direction which may be issued by the Regulator.

(6) Persons exempted from the requirement of having an authorisation in terms of sub-regulation (5) shall not be exempt from the requirement of obtaining any other authorisation or permit as may be required under any other law.