home page > industry overview > legislation

Industry Overview - Legislation

Given the strategic nature of the liquid fuels industry, it is subject to varying degrees of government regulation. The industry is regulated by the South African government’s Department of Energy which, in turn, is monitored by a Parliamentary Portfolio Committee. The National Energy Regulator of South Africa is also responsible for regulating the petroleum pipelines industry in accordance with the provisions of the Petroleum Pipelines Act, 2003 (Act No. 60 of 2003).

The following Acts and Regulations govern the petroleum industry in South Africa:

Acts

• Petroleum Products Act. 120 of 1977
• Petroleum Products Amendment Act No.58 of 2003
• Petroleum Products Amendment Act No.2 of 2005
• Central Energy Fund Act No. 38 of 1977
• Central Energy Fund Amendment Act No. 48 of 1994
• National Energy Regulator Act No. 40 of 2004
• Petroleum Pipelines Act No.60 of 2003
• Gas Act No. 48 of 2001
• Petroleum Pipelines Levies Act No.28 of 2004
• Gas Regulator Levies Act No.75 of 2002
• National Ports Act No. 12 of 2005
• National Energy Act No. 34 of 2008

Regulations

• Notice in terms of section 2(5) of the Civil Aviation Authority Levies Act, 1998 (Act No. 41 of 1998) (Government Gazette No. 35254 of 13 April 2012)
• Regulations on the Mandatory Provision of Energy Data (Government Gazette No. 35069 of 24 February 2012)
• Regulations Site and Retail licences 27 March 2006 (Government Gazette No. 28665)
• Regulations Wholesale licences 27 March 2006 (Government Gazette No. 28665)
• Regulations Manufacturing licences 27 March 2006 (Government Gazette No. 28665)
• Regulations regarding the use of payment cards to purchase petroleum products at a retail site (Government Gazette Notice No. 731 of 9 July 2009)
• Regulations regarding the display of prices at which petroleum products are available for sale (Government Gazette Notice No. 376 of 14 May 2010)
• Regulation in terms of the collection of the lncremental lnland Transport Cost Recovery levies and the reimbursement thereof to licensed undertakings (Government Gazette Notice No. R.523 – 6 May 2008.
• Regulations regarding the levying, collection and reimbursement of incremental inland transport cost recovery levies (Government Gazette Notice No. R. 641 – 2 June 2009)
• Petroleum Products Act: Determination of collection mechanism for monies paid by shippers in terms of the Petroleum Pipelines Levies Act to be administered by the Central Energy Fund (Notice No. 375 – 1 April 2008)
• Determination of slate levies applicable on petrol and diesel (Government Notice No. 30343 - 2 October 2007 )
• Administration of slate levies (Government Gazette Notice No. R 1193 – 4 November 2008)
• Guidelines in respect of the administration of importation and exportation of petroleum No. 29328
• Regulation in respect of the maximum refinery gate price of Liquefied Petroleum Gas (Government Gazette Notice No. R.377 - 1 April 2008)
• Draft Regulations in respect of the Maximum Retail Price of Liquified Petroleum Gas supplied to residential customers (Government Gazette No. 30906 of 28 March 2008)
• Regulations R1100 dated 2 June 1986
• Regulations Petroleum Products Specifications and Standards 23 June 2006 (Government Gazette Notice No. R.627)
• Regulations in terms of the Petroleum Pipelines Act of 2003 Regulations 4 April 2008 (Government Gazette No. 30905)
• National Energy Regulator. Notice in terms of Section 2(7) of the Petroleum Pipelines Levies Act, 2004 (No. 28 of 2004). Levy and interest payable on Petroleum Pipeline Industry (Government Gazette No. 35219 of 3 April 2012)

Working Rules

• BFP Working Rules – Annexures A and B
• Working Rules to set the monthly maximum retail price for liquefied petroleum gas (LPG) – July 2010
• Rules to administer the self-adjusting slate levy mechanism
• Administration of the 95 Unleaded Petrol Inland Demand Side Management Levy (DSML)

Draft Regulations

• Draft Amendment Regulations regarding Petroleum Products Specifications and Standards (Government Gazette No. 34681 of 17 October 2011)
• Draft Regulations regarding the Retail Margin on Illuminating Paraffin (IP) (Government Gazette No. 35006 of 10 February 2012)
• Draft Regulations regarding the mandatory blending of biofuels with petrol and diesel (Government Gazette No. 34610 of 16 September 2011)
• Strategic Stocks Regulation (No. 834) of 23 September 2010

Policies and strategy documents

• White Paper on the Energy Policy of the Republic of South Africa (Dec 98)