The Draft Petroleum PipelinesBill, 2001,is hereby publishedfor public comment.
The Director-General Attention: Mr.H T Burger Department of Minerals and Energy Private Bag X 59
Thepetroleumindustryandmarkets is highly dependentonthisnetwork., The pipeline network is thus of strategic importance to the economy as the economy dependsonthestablesupplyof liquid fuels andhencetheongoingeffective operation of the petroleum pipeline and storage infrastructure.
The requirement for licensing or registration in respect of the construction, operation and the provision of prescribed commercial services in relation to a crude oil pipeline, petroleum product pipeline or an off-leading facility.
The process of licensing or registrations and the condition of license.
To establisha national regulatory framework for petroleum pipelines, to establish a Petroleum Pipelines Regulatoras the custodian and enforcer of the national regulatory framework, to provide for the issuing of licenses relating to the construction and operation of petroleum pipelines andthe delivery of certain commercial services inconnection therewith, to provide for the registration of offloading and facilities, storage facilities certain commercial services related thereto, and for matters connected therewkh.
Powers, duties and functions of Regulator.
If the chairpersonforanyreason is unable to perform his or herduties, theother members shall choose another person from among themselves to act as chairperson until the chairperson can resume his or her duties or another chairpersonis appointed by the Minister.
If amember of theRegulatorforanyreasonceases to hold office the Minister may appoint another person in his or her stead for the remainderof the term of office of such member.
building is achieved.
professional and business interests on appointment to the Regulator and nom the chairperson when these change.
16 No. 22677 GAZETTE.
Thechairpersonshall, uponawrittenrequest of thechief executiveofficer or two other members, convene a special meeting to be held as soon as possible but not later than oneweek after the dateof receipt of such request.
(a)Thedecisionofthemajority of thememberspresent at a meeting constitutes a decision of the Regulator.
Provided that the decision or act was authorised by a quorum constituted by the rest of the members present at the meeting and entitled to sit as members at such meeting.
The Regulator shall cause a record of its proceedings tobekept.
9 act in a mannerthat is required and expected from the holder of a public office.
court having jurisdiction in the matter.
Notwithstandingsubsections (1) and (3), theMinister may in writingdirectthe Regulator to assign the position of chief executive officer or any other employee to any person employed by another licensing or regulatory authority falling under the Minister's jurisdiction.
Accounting by Regulator.
1999 (Act No.1 of 1999).
Reporting by Regulator.
TheRegulatorshall, inaddition to anyreportrequired in terms of thePublicFinance Management Act, 1999 (Act No.
person or a facilityproviding prescribed commercial service relating to such facilities mu$t registerwith the Regulator in accordance with the provisionsof this Act.
The Regulator must provide the applicant with a copy of its decisionaswellas a list of the factors on which the decision was based.
suchlicensemay be madesubject to any licensing conditionauthorised under this Act that the Regulator deems appropriate; and theRegulatormayrefuse to issue suchlicense if it is convinced thatthe applicant is unable to comply with the provisions of this Act.
Conditions of License.
The review process presently is to the courts -how can the regulator both impose the condition and review it?
of sub&*on the license may, prior to its lapsing, in the prescribed manner and at the requestof the licensee be extended by the Regulator.
28 No. 22677 GAZETTE, service on behalf of a licensee if the Regulator approves thereof as pat of its licensing conditions?
TheRegulatormayrevoke a licenceontheapplication of alicensee if- the licenced facility or activityis no longer required; the licenced facility or activity is not economically justifiable; or another person is willing and able to assume the rights and obligations of the licensee concerned in accordance with the requirements and objectives of thisAct, andanew licence is issued to such person.
Licensees must give the Regulator atleast 12 monthsnotice in writing of their intentionto cease their activities.
TheRegulatormayrequireofalicensee to su.bmit'such security, or make such other arrangements as may be acceptable to the Regulator, to ensure compliance with any condition relating to health, safety or the environment, prior, during or after the period of validity of the license.
Setting and approval of tariffs commercial services in relation thereto.
Conversion oflicense, transfer of license thereof shall be dealt with as a new license application.
fails conditionofthe license or any provision of this Act the Regulator may serve a notice on such licensee directing the licensee to comply with the condition or provision of the Act within a reasonable period specified in the notice.
TheRegulatormay, pending atribunalhearingreferred to in section 28(2) or pending criminal proceedings referredto in section 28(5), by way of application on notice of motion apply to the High Court for an interim order to suspend a license, to compel a licenseetocornplywith a license condition, or to stop a licensee from contravening a license condition.
Registration with Regulator.
AnypersonregisteredwiththeRegulatorundersubsection (2) shallpay to the Regulator prescribed yearly maintenance fees for its continued registration.
(l), 15(5)shall mutatis mutandis apply thereto..
the provisions of section referred to in section 16, and the provisions of section 18, 19, 20, 21, 22, 23 and 24 shall mutatis mutandisapply thereto.
Entry, inspection and information gatheringby Regulator.
(b)requireanypersontofurnish to the Regulator suchinformation, returns or other particulars as maybe necessary for the proper administration of this Act.
No informationobtainedby the Regulator whichisofanon-generic, confidential, personal, commercially sensitive or proprietary nature may be made public or otherwise disclosed to any person without the permission of the person to whom that infomation relates, except in terms of an order of the High Court.
Voluntary resolutionof disputes by the Regulator matter, and such decision shall be binding on the parties.
provisions Act,1967 an the apply contemplated in subsection (1).
ThefeespayabletotheRegulatorwhenacting in terms of subsection (1) shall be prescribed.
Expropriation of land by Regulator.
(b)theland or right in, overorinrespect of land is reasonably required by a licensee or registered personfor the performance of its functions.