[CAP. 13:22] Petroleum (Liquid Petroleum Gas) Regulations, 2014 … · 2019-09-12 · Petroleum...

[CAP. 13:22]

Petroleum (Liquid Petroleum Gas) Regulations, 2014

ARRANGEMENT OF SECTIONS

Statutory Instrument 57 of 2014.

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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IT is hereby notified that the Minister of Energy and Power

Development after consultation with the Zimbabwe Energy Regulatory

Authority, has, in terms of section 57 of the Petroleum Act [Chapter

13:22], as read together with section 7 of the Energy Regulatory

Authority Act [Chapter 13:23], made the following regulations: -

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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S.I. 57 of 2014

ZWS 965: 2012; Specification for Liquefied Petroleum

Gases.

"LPGas storage" means the storing of LPGas in premises

consisting of one or more tanks or cylinders in transit or

for sale;

"Minister" and "Ministry" mean respectively the Minister and

Ministry responsible for Energy;

"permit" means an instrument issued by the Regulatory

Authority granting rights to perform specific LPGas

business operations;

"premises" includes any installation on land or vehicle storing . LPGas;

"retail in LPGas" means a form of distribution of LPGas by

which the LPGas is customarily sold to consumers other

than for the purpose of resale;

"Regulatory Authority" means Zimbabwe Energy Regulatory

Authority;

"wholesale trade" means a form of distribution of LPGas by

which LPGas is customarily sold for the purposes of

resale;

"standard LPGas cylinder" means any LPGas cylinder whose

characteristics are consistent with SANS 10019:2011;

Transportable pressure receptacles for compressed,

dissolved and liquefied gases-Basic design,

manufacture, use and maintenance;

.

.

"SANS 10019: 2011 on Transportable pressure receptacles for

compressed, dissolved and liquefied gases-basic design,

manufacture. use and maintenance" means the minimum

requirements for the design. manufacture, use and

maintenance of refillable and non-refillable pressure

receptacles of water capacity 0.51 to 30001 and

cartridges of >0.51 which ideally is inclusive of the

LPGas cylinders;

"SAZ quality standard, ZWS 965: Specification for Liquefied

Petroleum Gases" means guidelines on the minimum

253


quality specifications for Liquefied Petroleum Gas which

is recommended in Zimbabwe;

"ZWS" stands for "Zimbabwe Standard", being the recognised

international acronym that prefixes standards

designations issued by the Standards Association of

Zimbabwe.

Licence for LPGas business

3. (1) No person shall conduct a business of wholesaling and

retailing of LPGas to consumers and related activities except under and

in accordance with the terms and conditions of a licence granted by the

Regulatory Authority under these regulations.

(2) Any person who contravenes subsection (1) shall be guilty

of an offence and liable to a fine not exceeding level nine or to

imprisonment for a period not exceeding five years or both such fine and

such imprisonment.

(3) Any person who wishes to obtain or renew a licence under

these regulations shall make an application to the Regulatory Authority

in the manner prescribed by these regulations.

Application for LPGas wholesale licence

4. (I) Any person wishing to conduct business of wholesaling

LPGas to consumers and related activities in Zimbabwe must complete

Form ERI (as set out in the First Schedule) in triplicate and submit two

copies of it, together with the prescribed application fee (as set out in the

Second Schedule) (which is non-refundable), to the Regulatory

Authority.

(2) An application under subsection (1) shall be accompanied by-

(a) an Environmental Impact Assessment Certificate issued by

the Environmental Management Authority (EMA); and

(b) proof that the Bulk LPGas storage facility complies with

Building Inspectorate requirements, Certificate of

Occupation from the local authority for the purpose of

doing LPGas business; and

, .

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S.I. 57 of 2014

(c) a clearance certificate from the Chief Fire Officer in

accordance with the Urban Councils Act; and

(d) a copy of certificate of adherence to SAZ standard ZWS

960 (Part 1-3) on the Handling. Storage and

Distribution of LPG in Domestic, Commercial, and

Industrial installations issued by an accredited LPGas

installer; and

(e) proof of certificate of business registration; and (f)

proof of premise ownership or lease; and

(g) proof of certificate of occupation from a local authority.

(3) The Regulatory Authority shall within 14 days,

acknowledge receipt of the application submitted under subsection

(1) in writing to the applicant.

(4) If, on consideration of an application in terms of subsection

(I), the Regulatory Authority is satisfied that-

(a) the applicant will comply with these regulations and with

the general licence terms and conditions applicable to the

wholesale of liquid petroleum gas outlined under section

5; and

(b) the grant of the licence does not infringe the rights of any

other licensees; and

(c) the grant of the licence is in the public interest;

the Regulatory Authority shall issue the appropriate licence to the

applicant.

(5) Within 30 days after the issue of a licence referred to in

subsection (4) the Regulatory Authority shall, at the licensee's expense,

cause the licence to be published in the Gazette and in a newspaper

circulating in the area in which the licensee intends to have its principal

place of business.

(6) If, on consideration of an application submitted in terms of

subsection (1) the Regulatory Authority is not satisfied as to the matters

referred to in subsection (4), it shall refuse to issue licence to the

applicant concerned:

Provided that-

255


(a ) before so refusing, the Regulatory Authority shall notify

the applicant in writing of its intention to do so and afford

the applicant an adequate opportunity to make

representations on the matter;

(b) within twenty days after its refusal to issue a licence on any

ground, the Regulatory Authority shall notify the

applicant in writing of its decision and of the reasons for

it.

(7) The period between the Regulatory Authority's receipt of an

application in terms of subsection (l) and all documents and information

submitted in support of it, and the date on which it notifies the applicant

of its final decision, shall not exceed three months unless the applicant

consents to an extension of the period.

Conditions attaching to LPGas wholesale licence

5. It shall be deemed to be a condition of the licence issued under

section 4(4) that-

(a) no licensee shall transfer his or her licence to another person

during the currency of the licence except with the prior

written permission of the Regulatory Authority; and

(b) a wholesale licensee shall not conduct the business of

wholesale trade in LPGas except in accordance with SAZ

standard ZWS960 Part l-3: Handling, Storage and


Industrial installations; and

(c) the owner of the LPGas cylinders shall ensure that the

maintenance and testing is done in accordance with ISO

6406: 2005 on Periodic Inspection, Testing and

Maintenance of Transportable Gas Containers; and

(d) a person shall not conduct a business of wholesale trade in

LPGas in cylinders (9 kg and above which are branded)

without the authority of the brand owner for cylinders;

and

(e) every repairs of branded cylinders (9 kg and above) shall

only be done by approved agents accredited by the owner

of the cylinders/brand; and

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S.I. 57 of 2014

(f) every repairs to other cylinders (below 9 kg which are not

branded and are owned by end-user) shall only be done

by approved agents at end-user cost; and

(g) a person who wishes to be a wholesaler of LPGas shall

have a minimum fixed bulk storage capacity of at least

40 tonnes: and

(h) a person licensed to conduct a business of wholesale trade

in LPG as in cylinders shall not sell LPGas cylinders that

do not conform to SANS 10019: 2011- Transportable

pressure receptacles for compressed. dissolved and

liquefied gases-Basic design, manufacture, use and

maintenance or an equivalent standard approved by

ZERA; and

(i) No wholesaler may sell LPGas to an unlicensed retailer.

Issuance. duration, surrender and renewal of licence

6. (1) Every licence shall be valid for a period not exceeding two

calendar years.

(2) If an application for a licence is successful (whether

approved with or without conditions by the Regulatory Authority in

terms of section 4(4), the Regulatory Authority shall-

(a) inform the applicant accordingly; and

(b) issue to the applicant a licence in Form ERl (LPGas

wholesale licence), upon payment by the applicant of the

prescribed issuance fee; and

(c) make an appropriate entry in the licensing register.

(3) A person who makes an application [or a licence-

(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.

(4) If a licensee who is licensed to wholesale LPGas ceases to

operate as such in the area for which he or she is licensed, he or

257


she shall, within 30 days of ceasing to operate as a LPGas wholesaler,

surrender his or her licence to the Regulatory Authority from whom he

or she obtained it.

(5) Any person who contravenes subsection (4) shall be guilty


imprisonment for a period not exceeding five years or both such fine and

such imprisonment

(6) Upon expiry of a licence, a licensee may renew it by making

an application therefor no later than 31 days after the expiry of the

existing licence by submitting it to the Regulatory Authority.

(7) Upon receipt of an application for the renewal of a licence(a)

the Regulatory Authority shall satisfy himself or herself that the

application form for the renewal of a licence has been properly

completed and that there has been no material change of the

details of the existing licence, and if so satisfied, shall renew the

licence by endorsing the existing licence accordingly;

(b) the Regulatory Authority shall renew a licence, provided

that there is no evidence to prove that the licensee

contravened or is in contravention of any provision of

these regulations.

(8) The same procedure as is prescribed in section 4 for the

issuance of an original licence shall apply.

Suspension or cancellation of licences

7. (I) The Regulatory Authority may, on its own initiative or upon

receiving a complaint from-

(a) any consumer of liquid petroleum gas or any association

considered by the Regulatory Authority to be sufficiently

representative of such consumers; or

(b) any other licensee or person involved in the wholesaling of

liquid petroleum gas;

conduct an inquiry into the operations of any licensee to determine its

compliance with these regulations and its licence,

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S.I. 57 of 2014

(2) In conducting an inquiry in terms of subsection (1), the

Regulatory Authority shall have the same powers, rights and privileges

as are conferred upon a commissioner by the Commissions of lnquiry

Act [Chapter 10:07], other than the power to order a person to be

detained in custody, and sections 9 to 13 and 15 to 19 of that Act shall

apply with any such changes as may be necessary in relation to such

inquiry.

(3) If after an inquiry held in terms of subsection (2), the

Regulatory Authority is satisfied that-

(a) the licensee has contravened any provision of these

regulations; or

(b) the licensee has failed to comply with any terms or

conditions of its licence; or

(c) the financial position of the licensee is such that it is unable

to fully and efficiently discharge the duties and

obligations imposed on it by its licence;

the Regulatory Authority may cancel the licence.

(4) The Regulatory Authority shall notify the licensee in

writing of the date and venue of an inquiry under this section and shall

allow the licensee an opportunity to make representations at the

inquiry.

'.

Amendment and replacement of licences

8. (1) A Regulatory Authority may at any time amend a licence

or any terms or conditions of a licence-

(a) to correct any error in the licence; or

(b) if the licensee requests the amendment; or

(c) if it considers the amendment necessary to reflect the true

nature of the licensed activities; or

(d) if for any other reason the Regulatory Authority considers

the amendment necessary or desirable in the interests of

the environment or in the public interest.


writing of its intention to amend a licence on a ground referred to in

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Petroleum (Liquid Petroleum Gas) Regulations. 2014

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.

Application for a LPG as retail licence

10. (1) Any person wishing to conduct business of retailing LPGas

to consumers and related activities in Zimbabwe must complete Form

ER2(as set out in the First Schedule) in triplicate and submit two copies

of it, to get her with the prescribed application fee (as set out in the

Second Schedule) (which is non-refundable), to the Regulatory

Authority.

(2)An application under subsection (1) shall be accompanied

by-

(a) an Environmental Impact Assessment Certificate issued by

the Environmental Management Authority (EMA); and

(b) proof that the Bulk LPGas storage facility complies with

Building Inspectorate requirements, Certificate of

Occupation from the local authority for the purpose of

doing LPGas business; and

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S.I. 57 of 2014

(c) a clearance certificate from the Chief Fire Officer in

accordance with the Urban Council Act; and

(d) a copy of certificate of adherence to SAZ standard ZWS

960 (Part 1-3) on the Handling, Storage and Distribution

of LPG in Domestic, Commercial, and Industrial

installations issued by an accredited LPGas installer; and

(e) proof of certificate of business registration; and (f)

proof of premise ownership/lease; and

(g) proof of certificate of occupation from a local authority.

(3) The Regulatory Authority shall within 14 days, acknowledge

receipt of the application submitted under subsection (1).

(4) If, on consideration of an application submitted in teJ11lS

of subsection (1), the Regulatory Authority is satisfied that-

(a) the applicant will comply with these regulations and with

the general licence terms and conditions applicable to the

wholesale of liquefied petroleum gas outlined under

section 11; and

(b) the grant of the licence does not infringe the rights of any

other licensees; and

(c) the grant of the licence is in the public interest;

the Regulatory Authority shall issue the appropriate licence to the

applicant.

(5) Within 30 days after the issue of a licence referred to in

subsection (4) the Regulatory Authority shall, at the licensee's expense,

cause the licence to be published in the Gazette and in a newspaper

circulating in the area in which the licensee intends to have its principal

place of business.

(6) If, on consideration of an application submitted in terms of

subsection (1) the Regulatory Authority is not satisfied as to the matters

referred to in subsection (4), it shall refuse to issue a licence to the

applicant concerned:

Provided that-

261


(a) before so refusing. the Regulatory Authority shall notify

the applicant in writing of its intention to do so and

afford the applicant an adequate opportunity to make

representations on the matter;

(b) within 20 days after its refusal to issue a licence on any

ground, the Regulatory Authority shall notify the

applicant in writing of its decision and of the reasons for

it.

(7) The period between the Regulatory Authority's receipt of an

application in terms of subsection (1) and all documents and

information submitted in support of it. and the date on which it notifies

the applicant of its final decision. shall not exceed three months unless

the applicant consents to an extension of the period.

Conditions attaching to LPGas retail licence

11. It shall be deemed to be a condition of the licence issued under

section 10(4) that-

(a) no licensee shall transfer his or her licence to another

person during the currency of the licence except with the

prior written permission of the licensing Authority; and

(b) no person shall alter the branding or deface, damage, repair

or submit for maintenance any LPGas cylinder without

written authorisation of the brand owner; and

(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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S.I. 57 of 2014

(e) every retail licensee shall only conduct the business of

retailing LPGas in accordance with SAZ standard

ZWS960: Part 1-3The Handling, Storage and


Industrial installations; and

(f) no licensee shall fill faulty cylinders and in the case of

individually owned cylinders, the licensee shall advise

the customer to take it for repairs to an approved or

certified test station; and

(g) a licensee dealing with LPG cylinders in a retail outlet

shall not store the cylinders in an enclosed area; and

(h) every retailer selling LPGas shall have a properly

calibrated weighing instrument in accordance with the

Trade Measures Act [Chapter 14:23] for verification of

the net contents of LPG-as cylinders.

Issuance, duration, surrender and renewal of licence

12. (1) Every Licence shall be valid for a period Dot exceeding

two calendar years.

(2) If an application for a licence is successful (whether

approved with or without conditions by the Regulatory Authority in

terms of section 10(4), the Regulatory Authority shall-

(a) inform the applicant accordingly; and

(b) issue to the applicant a licence in Form ER2 (LPGas

Retailing), upon payment by the applicant of the

prescribed issuance fee; and

(c) make an appropriate entry in the licensing register.

(3) A person who makes an application for a licence-

(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.

263


(4) If a licensee who is licensed to fill or retail LPGas ceases to

operate as such in the area for which he or she is licensed, he or she

shall, within 30 days of ceasing to operate as an LPGas importer or,

surrender his or her licence to the licensing Regulatory Authority from

whom he or she obtained it

(5) Any person who contravenes subsection (4) shalt be guilty


imprisonment for a period not exceeding five years or both such fine

and such imprisonment

(6) Upon expiry of a licence, a licensee may renew it by

making an application therefor no later than 31 days after the expiry of

the existing licence by submitting it to the Regulatory Authority.

(7) Upon receipt of an application for the renewal of a licence

(a) the Regulatory Authority shall satisfy itself that the

application form for the renewal of a license has been

properly completed and that there has been no material

change of the details of the existing licence, and if so

satisfied, shall renew the licence by endorsing the

existing licence accordingly;

(b) Regulatory Authority shall renew a licence, provided that

there is no evidence to prove that the licensee

contravened or is in contravention of any provision the

Act and of these regulations.

(8) The same procedure as is prescribed in section 10 for the

issuance of an original licence shall apply.

Suspension or cancellation of licence

13. (1) The Regulatory Authority may, on its own initiative or

upon receiving a complaint from-

(a) any consumer of liquid petroleum gas or any association

considered by the Regulatory Authority to be sufficiently

representative of such consumers;

(b) any other licensee or person involved in the importation or

wholesaling of liquid petroleum gas;

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S.I. 57 of 2014

conduct an inquiry into the operations of any licensee to determine its

compliance with these regulations and its licence.

(2) In conducting an inquiry in terms of subsection (1), the

Regulatory Authority shall have the same powers, rights and privileges

as are conferred upon a commissioner by the Commissions of Inquiry

Act [Chapter 10:07], other than the power to order a person to be

detained in custody, and sections 9 to 13 and 15 to 19 of that Act shall

apply with any such changes as may be necessary in relation to such

inquiry.

(3) If, after an inquiry held in terms of subsection (2), the

Regulatory Authority is satisfied that-

(a) the licensee has contravened any provision of these

regulations; or

(b) the licensee has failed to comply with any term or

condition of its licence; or

(e) the financial position of the licensee is such that it is

unable to fully and efficiently discharge the duties and

obligations imposed on it by its licence;

the Regulatory Authority may cancel the licence.


writing of the date and venue of an inquiry under this section and shall

allow the licensee an opportunity to make representations at the inquiry.

Amendment and replacement of licences

14. (1) The Regulatory Authority may at any time amend a

licence or any terms or conditions of a licence -

(a) to comet any error in the licence; or

(b) if the licensee requests the amendment; or

(e) if it considers the amendment necessary to reflect the true

nature of the licensed activities; or

(d) if for any other reason the Regulatory Authority considers

the amendment necessary or desirable in the interests of

the

environment or in the public interest.

265



writing of its intention to amend a licence on a ground referred to in

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

15. (l) 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.

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.

(2) Where the Regulatory Authority or any person acting on its

behalf, find that a licensee is in contravention of the Act or these regulations,

the Regulatory Authority or any person acting on its behalf may by

written notice give such directions to the owner, occupier or person in

charge of such vehicle, premises, facility or installation as it considers

necessary.

(3) Where the Regulatory Authority calls upon a licensee, by a

notice in writing, to execute any repairs to the licensed premises,

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S.I. 57 of 2014

which may, in the opinion of the Regulatory Authority are necessary,

the licensee shall execute the repairs within such period as may be fixed

by the notice.

(4) Any person, who resists, hinders or obstructs the

Regulatory Authority or any person acting on its behalf from

discharging its or his or her duties under the provisions of section 6(1)

shall be guilty of an offence and shall 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.

(5) Without derogating from any other forms of penalties that

the Regulatory Authority may impose against the licensee or the person

referred to in subsection (4), where the person who contravenes the

provisions of sections 16(4) is licensed under these regulations, the

Regulatory Authority may suspend or revoke his or her licence.

Reporting of accidents and fires

17. (1) A licensee shall in writing and within 48 hours report to

the Regulatory Authority-

(a) any accident involving LPGas or the transportation of

LPGas which causes injury to an employee or any other

person or damages property;

(b) an accidental release of LPG as;

(c) any fire in which LPGas is involved.

(2) A licensee who fails to comply with paragraphs (a), (b)

and (c) of subsection (1) shall be guilty of an offence and liable to a line

not exceeding level nine or to imprisonment for a period not exceeding

five years or both such fine and such imprisonment

LPGas minimum quality specifications

18. (1) No person shall import into Zimbabwe, LPGas which

does not meet the minimum LPGas specifications as per SAZ quality

standard, ZWS 965: Specification jar Liquid Petroleum Gases.

(2) All imported LPGas shall be accompanied by a quality

certificate from [he supplier.

267


(3) The wholesaler shall avail the quality certificate upon

request from the Regulatory Authority and customer who intends to

purchase the product for either resale or own use.

(4) Any person who contravenes subsections (l)and(2) shall be

guilty of an offence and liable to a fine not exceeding level nine or to

imprisonment for a period not exceeding five years or both such fine

and such imprisonment

LPGas skills certification

19. (1) Every persons who engages in construction, installation or

maintenance of LPGas facilities, equipment and appliances must have a

certificate of competency issued by the Regulatory Authority or its

appointed agent.

(2) The certificate must ensure that the person certified under

subsection (1) above has the necessary LPGas knowledge and skills to

undertake LPGas works.

(3) Any person who engages in the construction, installation or

maintenance of LPGas facilities, equipment and appliances without a

certificate referred to under subsections (1) and (2) shall be guilty of an

offence liable to a fine not exceeding level nine or to imprisonment for a

period not exceeding five years or both such fine and such imprisonment.

LPGas cylinder manufacture and testing

20. (1) A person shall not-manufacture LPG-as cylinders, except in

accordance with the terms and conditions of a valid licence issued under

these regulations by the Regulating Authority.

(2) The design and manufacture of LPG as cylinders shall be

done in accordance to the standard SANS 10019: 2011 on Transportable

pressure receptacles for compressed. dissolved and liquefied gases -

Basic design, manufacture, use and maintenance.

Responsibility of licensees

21. A licensee shall take all reasonable and proper steps to ensure

that-

268

1.

S.I. 57 of 2014

(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.

FIRST SCHEDULE (Section 4( 1). 6( 1). 10( 1). 12( 1))

FORMS

FORM ERI

ERI SERIAL No…………………….

LIQUID PETROLEUM GAS WHOLESALE LICENCE

Issued In accordance with the Petroleum (Liquid Petroleum

Gas) Regulations, 2014

District: ………………… Licence No:………………………………

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Petroleum (Liquid Petroleum Gas) Regulations. 2014

Name of local authority: ................. ...................................

Name of wholesaler. ....................... ...................................

ID/Company registration number: .. .................................. .

Physical/Residential address: .......... .................................. .

Physical addressees) of trading site(s):

.......................................................... …………………………………

…………………………………………………………………………

………….. ........................................ .................................. .

Tel. No:……………. Cellphone No: ……………E-mail address ....... . .

Expiry date: 31st December of the year. .. .. ........................................ .

Signature of issuing officer ...................... .. ........................................ .

Designation: ............................................. .. ........................................ .

Date and Stamp

Renewal endorsements:

This licence was renewed for the period ending 31st December of year:

............................................................................................................... .

Signature of renewing officer; ......................... ....................................

Date and Stamp

270

S.I. 57 of 2014

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: . .......................... ……………………………………….

Date and Stamp

RENEWAL ENDORSEMENTS:

271

Section Description Form Fee

$US

4(1) Application for LPGas wholesale licence ERl 2000,00

10( I) Application for a LPGas retail licence ER2 100,00


SECOND SCHEDULE (Sections 4( 1), 10( I))

FEES

Supplement 10 the Zimbabwean Government Gazette Extraordinary dated the 24th March, 2014. Printed by the Government Printer.

Harare.

272

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