Petroleum Products and Energy Act, 1990
Regulations relating to the Purchase, Sale, Supply, Acquisition, Usage, Possession, Disposal, Storage, Transportation, Recovery and Re-Refinement of Used Mineral Oil, 1991
Government Notice 112 of 1991
- Published in Government Gazette 281 on 21 October 1991
- Commenced on 21 October 1991
- [This is the version of this document at 15 November 2017.]
- [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
1. DefinitionsIn these regulations, unless the context otherwise indicates, any word or expression to which a meaning has been assigned by the Act, shall have that meaning, and-“Act” means the Petroleum Products and Energy Act, 1990 (Act 13 of 1990);“additive” means a chemical or chemical compound which may be added to new oil to improve its performance characteristics;“bulk consumer” means a local authority as contemplated in section III of the Namibian Constitution, a bona fide farmer, a cartage or transport contractor and any other person who, during any period of six consecutive calendar months, purchases on an average more than 20 litres of new oil per calendar month;“crude oil” means a naturally occurring mineral oil consisting essentially of a mixture of petroleum hydrocarbons;“distributor” means any person, other than a reseller, who manufactures or distributes new oil and who in the course of or as part of his or her business sells it to any other person;“foreign matter” means any solid or fluid matter foreign to or usually not an element of new oil, excluding any additive;“new oil” means mineral oil which has been refined from either crude oil or used mineral oil and which may contain any additive, but which has not been used subsequent to such refining;“permit” means a permit issued by the Permanent Secretary to any person in terms of regulation 9;“re-refined oil” means new oil obtained from the re-refining of used mineral oil by a re-refiner;“re-refiner” means any person who re-refines used mineral oil, whether for commercial purposes or not, and to whom a registration certificate has been issued in terms of regulation 8(4), or who in terms of regulation 8(6) is deemed to be carrying on such business;“rescuer” means a person who obtains new oil from a distributor for sale in the course of or as part of a business carried on by him or her;“sales premises” means any place from where new oil or re-refined oil may be sold or offered for sale to resellers or consumers;“used mineral oil” means all mineral oil withdrawn from its original use and contaminated by foreign matter through such use.
2. ApplicationThese regulations shall apply only to persons who purchase, sell, supply, acquire, use, possess, store, transport, recover, re-refine or dispose of used mineral oil in Namibia.
3. Prohibition on disposal contamination, usage and possession, storage and transportation in certain containers, of used mineral oilNo person shall, unless such act is authorized in terms of or under a provision of these regulations, in respect of used mineral oil in his or her possession-
4. Possession of used mineral oil
5. Conditions of supply and sale of used mineral oil
6.[This regulation has no heading.]The provisions of regulation 4(4) and regulation 5 shall also apply mutatis mutandis to the supply of used mineral oil by any person to any reseller, re-refiner or distributor, notwithstanding that such person at the time of such supply is not obliged to supply that used mineral oil in terms of any provision of these regulations.
7. Prohibition of certain agreementsNo person may conclude any agreement-
8. Registration of re-refiners and the certificate of registration
10. Submission of statisticsEvery re-refiner and any person who is a permit holder in terms of these regulations, shall furnish the Permanent Secretary not later than 28 February of each year with a statement in the form of Annexure B, with particulars with regard to the quantity of used mineral oil purchased, sold, obtained, re-refined or used by him or her, as the case may be, during the preceding year.
11. Compliance with other statutory provisionsAny certificate or permit issued in terms of these regulations shall not absolve the holder thereof from compliance with the requirements of any other law relating to the handling, storage, disposal, possession or usage of new mineral oil on any premises.
12. Submission of informationNo person shall furnish false information or make any false statement knowing such information or statement to be false in connection with any document which he or she submits in terms of these regulations.
13. Repeal and saving
History of this document
15 November 2017 this version
21 October 1991