S.L. 545.22 Art. 5Transitory provisions in respect of existing operators.

(1) Any person, who prior to the entry into force of these regulations, was engaged in any activity or operation relating to petroleum and is in possession of a valid licence to do so under the

Petroleum (Petrol Stations) Regulations, 1986* may continue to perform such activities as authorised under existing licence conditions for the earlier of a calendar year from the entry into force of these regulations or until the grant of a new authorisation, whichever is the earlier: Provided that any such person shall apply with the

*Revoked by these regulations. Regulator for a new applicable authorisation as listed in regulation 4(1) within two months from the day of the sending of a notice by the Regulator to apply for such an authorisation: Provided also that any such person shall comply with such authorisation conditions as established in the new authorisation that may be issued by the Regulator with effect from such date that the Regulator may establish.

(2) Any person, who upon the entry into force of these regulations, was engaged in any activity or operation relating to petroleum and is in possession of a valid authorisation to conduct the business of a fuel distributor may continue to perform such activities as authorised under existing authorisation conditions for the earlier of a calendar year from the entry into force of these regulations or the grant of a new authorisation, whichever is the earlier: Provided that any such person shall apply to the Regulator for a new applicable authorisation as listed in regulation 4(1) within two months from the day of the sending of a notice by the Regulator to apply for such an authorisation:

Provided also that any such person shall comply with such authorisation conditions as established in the new authorisation that may be issued by the Regulator with effect from the date that the Regulator may establish.

(3) Any person, who upon the entry into force of these regulations operates a storage facility which is a secondary storage facility of petroleum in terms of these regulations may continue to operate such a storage facility for the earlier of six months from the entry into force of these regulations or the grant of a new authorisation, whichever is the earlier:

Provided that any such person shall apply for an authorisation as listed in regulation 4(1), to the Regulator within three months from the date of entry into force of these regulations: Provided further that any such person shall comply with such authorisation conditions as established in the new authorisation that shall be issued by the Regulator with effect from such date as the Regulator may establish.

(4) In the period between the date when these regulations come into force and the date when the new authorisations come into effect, the authorised person or the authorised provider shall follow all directions and conditions that the Regulator may issue or set: Provided that when such conditions are inconsistent with the authorisation then in force, the new condition shall prevail.

(5) Any subsisting agreements between existing operators shall be declared null and void, in so far as they are inconsistent with the provisions of these regulations.

(6) The Regulator may require existing operators to upgrade their authorised facility or fuel distribution vehicles and activities up to approved standards, guidelines and, or codes of practice: Provided that if there exists a severe safety hazard, the authorised person or the authorised provider shall of his own motion remove such hazard, and thereafter notify the Regulator of such removal: Provided also that the Regulator may in its discretion prescribe special transitory authorisation conditions after taking due regard of the existing situation.

(7) A person who possesses a warrant to practice the profession of an engineer, and who has sufficient knowledge, experience and skill as approved by the Regulator may act as a competent person, for the purposes and in terms of these regulations, for a transitory period of a year subsequent to the entry into force of these regulations.

(8) Any fees applicable to new authorisation shall apply pro rata from the date of issue till the 31st December, 2009.