BOTSWANA ENERGY REGULATORY AUTHORITY: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Botswana Energy Regulatory Authority (Complaints Settlement Procedure) Regulations

Botswana Energy Regulatory Authority (Petroleum Products) Regulations

Botswana Energy Regulatory Authority (Quota Allocation) Order

Botswana Energy Regulatory Authority (Liquefied Petroleum Gas Operations) Regulations

BOTSWANA ENERGY REGULATORY AUTHORITY (COMPLAINTS SETTLEMENT PROCEDURE) REGULATIONS

(section 74(2)(c))

(19th February, 2021)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary Provisions

1. Citation

2. Interpretation

3. Application

PART II
Complaint Procedure

4. Filing of complaint

5. Service of summons to present defence

6. Defence to complaint

7. Reply to defence

8. Third party procedure

9. Direction

10. Award against third party in default

11. Amendment to complaint and defence

PART III
Investigation and Mediation Procedure

12. Investigation of complaint

PART IV
Hearing Procedure

13. Hearing procedure quasi-judicial

14. Non-appearance of party

15. Application to intervene

16. Decision of Authority

17. Appeal

PART V
Limitation Period

18. Dismissal of proceedings instituted after period of limitation

19. Accrual of cause of action

20. Exclusion of time of proceedings in court without jurisdiction

21. Extension of period of limitation

PART VI
General Provisions

22. Taxation for costs

23. Other applications

SCHEDULE 1

SCHEDULE 2

S.I. 11, 2021.

PART I
Preliminary Provisions (regs 1-3)

1. Citation

These Regulations may be cited as the Botswana Energy Regulatory Authority (Complaints Settlement Procedure) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“authorised representative” means a person duly authorised by a complainant or a respondent, to represent him or her in the conduct of a complaint and includes an attorney or a principal officer; and

“code of practice on consumer protection” means a document prepared by a licensee and approved by the Authority, that sets out the procedure for receiving and settling a complaint.

3. Application

These Regulations shall govern the procedure related to the settlement of a complaint received by the Authority on the regulated sectors, and for other related matters.

PART II
Complaint Procedure (regs 4-11)

4. Filing of complaint

(1) A person may lodge with the Authority, a complaint against a licensee by completing Form A set out in Schedule 1, and the Authority shall acknowledge receipt of the complaint within two days of receipt of such complaint.

(2) Notwithstanding the provisions of subregulation (1)—

(a) an authorised representative may, on behalf of a consumer or customer, lodge a complaint with the Authority; or

(b) a group of persons may file with the Authority a complaint by completing Form A set out in Schedule 1, and such complaint shall be submitted with—

(i) a list of the complainants’ names and signatures or thumb prints, and

(ii) minutes of the meeting resolving the filing of the complaint.

(3) A complaint under subregulation (1) may be in any form of correspondence, electronic or otherwise.

(4) A complainant shall, before filing a complaint under subregulation (1), show by completing a questionnaire that he or she—

(a) has notified the Authority in writing of his or her intention to commence the internal dispute settlement process;

(b) has exhausted all the licensee’s internal dispute settlement procedure in terms of the licensee’s code of practice on consumer protection; and

5. Service of summons to present defence

(1) The Authority shall within seven days after receipt of a complaint under regulation 4, summon the respondent in terms of Form B set out in Schedule 1 to present his or her defence.

(2) The summons in subregulation (1) shall be served on the respondent by way of—

(a) personal delivery to the respondent or his or her representative, and the respondent or his or her representative shall acknowledge receipt by signing and returning the summons to the Authority within 14 days of receipt of such summons;

(b) registered mail with return receipt; or

(c) publication in two newspapers of wide circulation in Botswana where the Authority has received written proof stating that—

(i) the respondent is avoiding the service under paragraph (a), or

(ii) for any other reason the summons cannot be served in the ordinary way.

6. Defence to complaint

(1) A respondent shall within 14 days of receipt of the summons under regulation 5, present to the Authority a defence to the complaint which may include a counterclaim or claim for set-off.

(2) Where the respondent denies an allegation of fact in the complaint, he or she shall not do so evasively, but shall answer the point of substance.

(3) Where the respondent does not specifically or by necessary implication deny any allegation of fact in the complaint, the allegation shall be taken to be admitted by the respondent.

(4) The Authority may require any fact admitted under subregulation (3), to be proven otherwise than by such admission.

(5) Where a respondent fails to present a defence, the Authority shall deem the respondent to have waived his or her right to appear and participate in the proceedings, and the Authority shall proceed with the hearing ex parte.

(6) Notwithstanding the provisions of subregulation (5), the respondent may make an application showing sufficient cause why he or she has failed to participate in the proceedings upon showing cause for failure to make such a defence.

7. Reply to defence

Upon receipt of a defence under regulation 6(1) from the respondent, the complainant may prepare and submit to the Authority a reply within seven days, or such period as the Authority may determine after receipt of such defence.

8. Third party procedure

(1) Where a respondent makes a claim against a person who is not party to a complaint, for any—

(a) contribution or indemnity; or

(b) relief or remedy relating to the subject matter of the complaint and substantially the same, as a relief or remedy claimed by the complainant,

the respondent may apply to the Authority to present a third party notice.

(2) An application under subregulation (1) shall be in writing and shall state the—

(a) name and address of the third party;

(b) nature of the claim made by the complainant;

(d) nature of the claim made by the applicant against the third party, and the relation of the respondent’s claim to the complainant’s claim against the applicant.

(3) Where—

(a) an application under subregulation (1) is received;

(b) the Authority is satisfied that the respondent’s claim against the third party is in respect of a matter referred to in subregulation (1); and

(c) having regard to all the circumstances of the complaint, it is reasonable and proper to grant leave to the respondent to present a third party notice,

the Authority shall, upon such terms and conditions, grant leave to the respondent to present a third party notice.

(4) A third party notice in Form C set out in Schedule 1, shall state the—

(a) nature of the complainant’s claim against the respondent;

(b) nature of the respondent’s claim against the third party;

(d) period within which the third party may present his or her defence; and

(e) consequences of failure by the third party to present his or her defence within such period.

(5) The Authority shall ensure that a copy of a third party notice presented to it is served to the third party in accordance with the procedure under regulation 5(2).

(6) Where a third party notice has been served, the third party shall, where he or she disputes the claim, present his or her defence to the Authority within 14 days of service of the notice.

9. Direction

(1) Where a third party has presented a defence, the Authority may—

(a) fix a date for the giving of directions; and

(b) on such date, if satisfied that there is a proper question to be heard as to the liability of the third party in respect of the claim made against him or her by the respondent,

order the question of such liability to be heard in such manner, at or after the hearing of the complaint, as the Authority may direct.

(2) Where the Authority is not satisfied under subregulation (1), the Authority may make such order as the nature of the complaint may require.

10. Award against third party in default

(1) Where a third party—

(a) does not present his or her defence within the time specified under regulation 8(6); or

(b) who has presented a defence does not appear on the date fixed for the giving of directions,

the respondent presenting a third party notice may apply ex parte to the Authority for an award against the third party, in respect of any contribution, indemnity or relief claimed in the notice.

(2) The Authority may, on application by the respondent in terms of subregulation (1), issue an award against the third party as the nature of the complaint may require, or as prescribed by the applicable laws.

11. Amendment to complaint and defence

(1) A party to the proceedings may upon providing sufficient cause, be allowed to amend a complaint, defence or reply, provided that the other party is afforded an opportunity to make a response not later than 14 days prior to the hearing.

(2) A party to the proceedings, upon being allowed to amend a complaint, defence or reply in terms of subregulation (1), shall amend such a complaint, defence or reply within seven days, or such a period that the Authority may determine.

PART III
Investigation and Mediation Procedure (reg 12)

12. Investigation of complaint

(1) The Authority shall investigate a matter—

(a) upon receipt of a defence under regulation 6 from the respondent;

(b) upon receipt of a reply under regulation 7 from the complainant; or

(c) where it comes to the attention of the Authority that the complainant has an interest in the matter to which the complaint relates, and the complaint is not frivolous or vexatious.

(2) Where the Authority finds the complainant’s complaint to be frivolous or vexatious, the Authority may dismiss the complaint.

(3) Where it appears to the Authority at any time during or after the investigation that there exists a meritorious complaint, and the licensee has not considered the complaint or has not considered it adequately, the Authority may require the licensee to consider or reconsider the complaint within 14 days.

(4) The Authority may institute a mediation process, and an officer of the Authority or any other person nominated by the parties may act as a mediator.

(5) Where an amicable settlement has been reached, it shall be—

(a) written in terms of Form D set out in Schedule 1;

(b) signed by each party; and

(6) The settlement reached under subregulation (5) shall upon being filed by the Authority, be deemed to be the award of the Authority.

(7) Each party shall furnish the Authority with information or documentation which the Authority may require in discharging its duty in accordance with the provisions of these Regulations.

(8) Any person who refuses to furnish the Authority with information or documentation under subregulation (7) commits an offence and is liable to a fine not exceeding—

(a) P30,000 or imprisonment for a term not exceeding five years, or to both, for a natural person; or

(b) 10 per cent of annual turnover for a corporate body.

PART IV
Hearing Procedure (regs 13-17)

13. Hearing procedure quasi-judicial

(1) The complaint hearing proceedings by the Authority shall be quasi-judicial in nature.

(2) The Authority shall issue a summons in Form E set out in Schedule 1 to each party to the proceedings.

(3) A party may appear in person or appoint an authorised representative to appear on behalf of the party at the hearing.

(4) The Authority may during the hearing require—

(a) any person to produce any information the Authority considers relevant; or

(b) the attendance of any person to give evidence and produce any document that may be in his or her custody.

(5) For the purposes of this regulation, “hearing” means all processes required for the Authority’s determination and includes—

(a) oral and written submissions made by any party;

(b) evidence adduced by each party either oral or written; or

(6) Where any matter of procedure has not been provided for under these Regulations, the Authority may during the hearing, regulate its own procedure.

14. Non-appearance of party

(1) The Authority may make an order it deems fit where either party does not appear for a hearing, including dismissal of the complaint.

(2) Where a respondent fails to appear when a complaint is called for hearing, and upon an application by a complainant, the Authority may issue an order for ex parte proof of the claim made by the complainant.

15. Application to intervene

(1) A person who has sufficient interest in a complaint before the Authority may at any stage before the conclusion of the hearing, file an application to the Authority to intervene in the proceedings.

(2) An application to intervene shall state the—

(a) title of the hearing to which the application relates;

(b) name, postal and physical address of the applicant;

(d) concise statement of the matter in issue affecting the applicant;

(e) party whose position the applicant intends to support; and

(f) grounds and documents in support of the application.

(3) The Authority shall notify each party to the proceedings of the application under subregulation (1).

(4) A party may file an objection to the application under subregulation (1) within seven days of receipt of the Authority’s notice.

(5) The Authority shall ascertain whether the applicant has sufficient interest in the complaint, and where the Authority is satisfied that the applicant has sufficient interest, the Authority shall grant the application on such terms and conditions as it may deem fit.

(6) Where the application is granted, the applicant shall within seven days, file a statement of intervention stating the—

(a) facts and arguments supporting the intervention;

(b) relief sought; and

(7) A party to the proceedings may within seven days, separately or jointly, file with the Authority a reply to the statement of intervention.

16. Decision of Authority

At the end of the hearing, the Authority shall—

(a) impose a fine on any party;

(b) require a party to provide a product or service on specified terms and conditions;

(d) dismiss a complaint;

(e) order the issue of a refund; or

(f) provide such other relief or remedy as may be deemed reasonable and necessary.

17. Appeal

A party aggrieved by the decision of the Authority under these Regulations, may within 30 days, appeal to the High Court.

PART V
Limitation Period (regs 18-21)

18. Dismissal of proceedings instituted after period of limitation

(1) Subject to the provisions of these Regulations, a complaint under Schedule 2, which is instituted after the period of limitation has prescribed, shall be dismissed.

(2) Where after the institution of a complaint, a person is made a party either as a complainant, respondent or third party, the complaint shall as regards such person, be deemed to have been instituted on the date on which such person is made a party.

19. Accrual of cause of action

(1) Subject to the provisions of these Regulations, the right of action in respect of any proceedings shall accrue on the date on which the cause of action arises.

(2) The period of limitation referred to under regulation 18, in relation to any proceedings, shall commence from the date on which the right of action for such a proceeding accrues.

20. Exclusion of time of proceedings in court without jurisdiction

Where the proceedings are founded upon the same cause of action and in good faith, and the period of limitation set out in Schedule 2 for any complaint is computed, the time during which the complainant has brought civil proceedings against the respondent in a court which has no jurisdiction, shall be excluded.

21. Extension of period of limitation

(1) A complainant may make an application in writing to the Board, to request an extension of a period of limitation set out in Schedule 2.

(2) The Authority may, where it is of the opinion that in view of the application under subregulation (1), it is just and equitable to do so, extend the period of limitation in respect of any complaint, for a period not exceeding the period of limitation set out in Schedule 2 for such complaint.

PART VI
General Provisions (regs 22-23)

22. Taxation for costs

(1) Where a party has been awarded costs and wishes to recover the costs, he or she shall lodge a bill of costs for taxation, and the Authority shall tax such bill accordingly.

(2) A party who has been awarded costs under subregulation (1), shall file with the Authority a bill of costs in writing and shall include copies of the relevant evidence such as payment vouchers, receipts, invoices or tickets.

(3) A party who is aggrieved by the decision of the Authority under subregulation (1), may seek redress from the Board in writing stating his or her case.

23. Other applications

A party may make any other application to the Authority in writing, stating the reasons in support of the said application.

SCHEDULE 1

FORM A
COMPLAINT FORM

(regs. 4(1) and 4(2)(b))

1. Details of the complainant:

Name: ………………………………………………………………………………………………………………..

Name of representative (where applicable): …………………………………………………………………

Address: ……………………………………………………………………………………………………………

Customer account number (where applicable): ……………………………………………………………

Physical address: ……………………………………………………………………………………………….

City/Town/Village: ……………………………………………………………………………………………….

Telephone number: ………………………………………………………………………………………………

Mobile telephone number: ………………………………………………………………………………………

E-mail address: ……………………………………………………………………………………………………

(2) Details of the respondent:

Name: ……………………………………………………………………………………………………………….

Name of representative (where applicable) : ……………………………………………………………….

Address: ……………………………………………………………………………………………………………

Physical address: ……………………………………………………………………………………………….

City/Town/Village: ………………………………………………………………………………………………..

Telephone: …………………………………………………………………………………………………………

Mobile telephone number: ………………………………………………………………………………………

E-mail address: …………………………………………………………………………………………………..

(3) Nature of the complaint (a separate sheet may be used):

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

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

(4) Relief sought:

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

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

For the following tick the appropriate answer:

(5) Has the complainant tried to resolve the complaint directly with the respondent?

If yes, explain steps taken and results:

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

(6) Has the complainant sought legal redress from any other institution?

If yes, provide the name of the institution and details of the redress sought (a separate sheet may be used):

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

(7) Have the copies of all relevant documents been attached?

If yes, itemise the list: (a separate sheet may be used)

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

(8) Any other relevant information:

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

(9) I hereby declare that all the facts and information given in the application are correct and to the best of my knowledge.

………………………………………………………………………………………………………..
Signature of the Complainant/Principal Officer/Representative of the Complainant

Date ……………………………………………………………………….
Day Month Year

For Authority’s use only

Date received: …………………………………………………… File No. ……………………………………..

FORM B
SUMMONS

(reg. 5(1))

Complaint Number ……………………….

1. …………………………………………………. – COMPLAINANT

2. ………………………………………………….. – RESPONDENT

SUMMONS TO FILE A DEFENCE

TAKE NOTICE that ………………………………………………… (“the complainant”) of address ………… ……………………………….. has lodged a complaint against you at BERA (“the Authority”), details of which are attached herewith.

PURSUANT to regulation 5 of the Botswana Energy Regulatory Authority (Complaints Settlement Procedure) Regulations, you are required to submit to the Authority, within 14 days from the date of this notice, a written reply to the complaint together with all relevant documents you will rely upon in support of your defence. A copy of the reply shall be served to the complainant.

TAKE FURTHER NOTICE that failure to submit a reply within the stipulated period will imply that you have waived your right to be heard and the Authority shall proceed to determine the matter in your absence.

GIVEN under seal of the Authority this ………………….. day of ………………………….. 20……..

……………………………………………………………………………………
CHIEF EXECUTIVE OFFICER

COPY TO BE SERVED UPON: RECEIVED BY:

………………………………………………… ………………………………

FORM C
THIRD PARTY NOTICE

(reg. 8(4))

Complaint Number ……………………….

1. …………………………………………………. – COMPLAINANT

2. ………………………………………………….. – RESPONDENT

3. ………………………………………………….. – 3rd PARTY

TO THE ABOVE-NAMED THIRD PARTY:

TAKE NOTICE that the above-named complainant has commenced proceedings against the above-named respondent for the relief set out in a summons, a copy of which is herewith served on you.

The above-named respondent claims a contribution or indemnification (or such other grounds as may be sufficient to justify a third-party notice) on the grounds set forth in the annexure hereto. If you dispute those grounds or if you dispute the claim of the complainant against the respondent, you may give notice of your intention to defend within …………… days. Such notice shall be in writing and filed with the Authority, and a copy thereof served on the above-named respondent at the address set out at the foot of this notice.

DATED at …………………… this …………………. day of …………. 20…..

Address: …………………………………………

To: Complainant:    …………………………….
     Address:            …………………………….
                        …………………………….

And to: Authority:    …………………………….
         Address        …………………………….
                        …………………………….

And to: Respondent: ……………………………
Address : ……………………………..
……………………………..

FORM D
SETTLEMENT

(reg. 12(5))

(This form shall be filled in by all the parties and each party shall retain one copy and the other copy shall be submitted to the Authority)

1.0 DETAILS OF THE COMPLAINT

1.1 Name of the complainant(s): ……………………………………………………………………………

1.2 Name of the respondent(s): …………………………………………………………………………….

1.3 Name of the third party (if any): ……………………………………………………………………….

1.4 Name of the intervener (if any): ………………………………………………………………………..

1.5 Complaint number: ……………………………………………………………………………………….

1.6 Date of filing the complaint with BERA: ……………………………………………………………..

1.7 Nature of the complaint: …………………………………………………………………………………

…………………………………………………………………………………………………………………………

2.0 DETAILS OF THE MEDIATION MEETING

2.1 Date(s) of the mediation meeting: ……………………………………………………………………

2.2 Place of the mediation meeting: ………………………………………………………………………

2.3 Names of the participants (See the names and signature of the participants in the annex sheet)

2.4 What are the terms and conditions of the settlement?

The parties hereto have agreed as follows:

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

3.0 VERIFICATION

3.1 I, …………………………………………… being the complainant/complainant’s representative hereby verify that all the information contained in this form is true and the same reflects what the parties hereto have agreed.

Name: ……………………………………… Signature: ………………………………..

Date: ……………………………………

3.2 I, ……………………….., being the respondent/principal officer hereby verify that all the information contained in this form is true and the same reflects what the parties hereto have agreed.

Name: ……………………………………… Signature: ………………………………..

Date: ……………………………………

3.3 I, ………………………… being the third party/third party’s representative hereby verify that all the information contained in this form is true and the same reflects what the parties hereto have agreed.

Name: ……………………………………… Signature: ………………………………..

Date: ……………………………………

3.4 I, ………………………… being the intervener/intervener’s representative hereby verify that all the information contained in this form is true and the same reflects what the parties hereto have agreed.

Name: ……………………………………… Signature: ………………………………..

Date: ……………………………………

3.5 I, ………………………………., being the mediator in this matter hereby verify that all the information contained in this form is true and the same reflects what the parties hereto have agreed.

FORM E
SUMMONS TO APPEAR

(reg. 13(2))

Complaint Number: ………………….. /20…..

1. …………………………………………………. – COMPLAINANT

2. ………………………………………………….. – RESPONDENT

NOTICE OF DATE OF HEARING

TAKE NOTICE that the above complaint has been fixed for hearing on the …………………………… day of …………………………. 20…. at 1000 hours before the Authority.

YOU ARE hereby required to appear in person or by an authorised representative without fail, and submit to the other party and the Authority all evidence you intend to rely on in defending your case before …………………………. day of …………………………. 20…… You may also wish to bring witnesses if any.

GIVEN under the seal of the Authority this ………………. day of …………… 20….

……………………………………………………………………………………..
CHIEF EXECUTIVE OFFICER/SECRETARY TO THE BOARD

COPY TO BE SERVED UPON: RECEIVED BY:

………………………………………………… ………………………………

SCHEDULE 2
PERIOD OF LIMITATION

(reg. 18(1))

PART I
COMPLAINTS

	NATURE OF COMPLAINT	PERIOD OF LIMITATION
1	Unlawful disconnection of service	12 months
2	Improper billing	12 months
3	Failure or refusal to connect the service	12 months
4	Sale or supply of off-specification petroleum products	7 days
5	Sale or supply of petroleum product above the cap price	6 months
6	Poor quality of service	24 months
7	Seeking for relief/compensation for loss suffered	1 month
8	Others	12 months

PART II
APPLICATIONS

	NATURE OF APPLICATION	PERIOD OF LIMITATION
1	Application to set aside an ex parte order	30 days
2	Others	30 days

BOTSWANA ENERGY REGULATORY AUTHORITY (LIQUEFIED PETROLEUM GAS OPERATIONS) REGULATIONS

(section 74)

(23rd September, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary Provisions

1. Citation

2. Interpretation

3. Application

PART II
Licensing Procedures

4. Types of licences

5. Application for licence for exportation, importation and distribution of LPG

6. Application for construction of LPG facility licence

7. Licensing requirements

8. Publication of licence applications

9. Issuance of licence

10. Duration of licence

11. Application for renewal of licence

12. Application for transfer of licence

13. Change of name

14. Change of shareholding structure

PART III
General Obligations of Licensee

15. General obligations

16. Protection of lives and property

17. Compensation for loss suffered

18. Insurance

19. Maintenance of records, provision and disclosure of information

20. Customer service standards

PART IV
Environmental Protection

21. Compliance with environmental laws and standards

22. Sanctions for events of violation of environmental laws

PART V
Technical Obligations of a Licensee

23. Compliance with approved standards and specifications

24. Prohibition on use of cylinders and seals

25. Prohibition to decant

26. Prohibition on under-filling

27. Use of calibrated weighing scales

28. Marking of cylinders

29. Loading and off-loading of LPG

30. Cylinder sealing

31. Deceptive trade practices

32. Storage of LPG

33. Provision of fire protection equipment

34. Development of emergency plan

35. Decommissioning procedure

36. Site restoration

37. Performing LPG installations

PART VI
Compliance and Enforcement

38. Power to enter and close regulated facility, building or premises

39. Inspection of regulated facility

40. Obligation of inspector during inspection

41. Prohibited acts against inspectors

42. Issuance of Compliance Orders

43. Notification of offences

PART VII
Miscellaneous Provisions

44. Offences and penalties

45. Approved standards

46. Transitional provisions

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

S.I. 116, 2022.

PART I
Preliminary Provisions (regs 1-3)

1. Citation

These Regulations may be cited as the Botswana Energy Regulatory Authority (Liquefied Petroleum Gas Operations) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“approved standard and specification” means any specification or standard in relation to an LPG product applied by the Authority and as approved pursuant to the Standards Act (Cap. 43:07);

“bulk consumer” means a consumer who buys LPG in bulk quantity for own use or any use other than re-selling;

“bulk quantity” means a single container of LPG of not less than 250 kilograms;

“BURS” means the Botswana Unified Revenue Service established under section 3 of the Botswana Unified Revenue Service Act (Cap. 53:03);

“Certification Authority” means the Botswana Bureau of Standards which is established under section 3 of the Standards Act;

“Companies Intellectual Property Authority” means the authority established under section 3 of the Companies Intellectual Property Authority Act (Cap. 42:13);

“Competition and Consumer Authority” means the Competition and Consumer Authority established under section 4 of the Competition Act (Cap. 46:09);

“consumer” means any person who is supplied with LPG for own use or any use other than re-selling;

“consumer installation” means any installation involving pipe-works for the distribution of LPG, bulk containers, or cylinders of aggregate quantity not less than 250 kg, that is intended for own use or any use other than re-selling by the consumer;

“consumer installation operations” means an activity necessary to operate a consumer installation facility and includes all activities in respect of such facility and any activity reasonably required in connection with obtaining, handling, possession, storage or dispensing of LPG at such facility;

“cylinder” means any portable or stationary pressure container, together with all of its permanent supports and attachments installed for the storage and handling of LPG;

“dangerous situation” means a situation involving LPG that—

(a) endangers the safety or health of a person, or the safety of a person’s property; or

(b) creates an eminent risk of significant environmental harm;

“dealer” means any person conducting LPG retail business;

“decant” means transfer of LPG from one prescribed container to another;

“filling or refilling center” means a facility operated by a wholesaler duly authorised by the Authority to fill and decant LPG cylinders;

“incident” means—

(a) an event that involves the leakage of LPG from a transport vessel, storage vessel, cylinder filling, dispensing or off-loading activities;

(b) death or personal injury occurring as a result of the conduct of a regulated activity or LPG use or handling;

(d) LPG product shortage; or

(e) any other significant event that may adversely affect the conduct of a regulated activity or LPG retail business;

“inspector” means an officer of the Authority or an agent of the Authority appointed by the Authority to perform the functions of inspection as required under the Act and regulated sector legislation;

“installer” means a person who performs an installation of pipe-work, storage vessels, containers, or any other equipment for the purposes of transporting, distribution, storage, handling or use of LPG;

“leak” means any unwanted or accidental release of LPG into the air or into any structure or thing;

“licensed installer” means an installer who is duly authorised by a recognised body or registered the Authority as an LPG installer or contractor;

“Liquefied Petroleum Gas (LPG)” means any material having a vapour pressure for commercial propane and composed predominantly of the following hydrocarbons, either by themselves or as mixtures, propane, propylene, butane and butylene;

“LPG (Wholesale and Retail Business) Operational Guidelines” means the manual prepared by the Authority with instructions on how LPG wholesale and retail business is to be conducted;

“LPG retail business” means an activity necessary for storing, handling and selling LPG in cylinders to a consumer through a retail outlet;

“LPG wholesale business” means the importation of LPG in bulk quantity, filling or re-filling of LPG, handling, storage and selling of LPG to a dealer or bulk consumer;

“operator” means a person who is responsible for the day to day activities of a regulated activity, whether such person is located on the relevant premises during business hours or is the owner of such regulated activity and who for the purposes of these Regulations, shall be deemed to have the authority and the ability to—

(a) grant an inspector access to regulated activity to facilitate the performance of the inspector’s duties;

(b) detect any defect weakness within a regulated activity and make an authoritative judgment as to its suitability for further use;

(d) witness the inspection process;

“registered accountant” means a person registered as a registered accountant under the Botswana Institute of Accountants established under the Accountants Act (Cap. 61:05);

“registered engineer” means a person registered as a registered engineer under the Engineers Registration Act (Cap. 61:06);

“registered quantity surveyor” means a person registered as a registered quantity surveyor under the Quantity Surveyors’ Act (Cap. 61:10);

“regulated activity” means any activity related to LPG including wholesale, distribution, storage, transportation or retail;

“regulated facility” includes the LPG receiving terminal, refilling center, bullets, spheres, storage tanks, cylinders, distribution pipe-work, transportation equipment, associated equipment, accessories and buildings used to conduct a regulated activity;

“retail outlet” means any place where LPG is sold or offered for sale to a consumer on retail basis;

“transport vessel” means a truck, car, machinery, ship, railway wagon, barge or other means of transporting an LPG; and

“wholesaler” means any person that imports, stores, handles, re-fills, decants and sells LPG directly to a bulk consumer or a retailer.

3. Application

These Regulations shall regulate activities related to a Liquefied Petroleum Gas (LPG) business including wholesale, retail, storage, transportation and consumer installation.

PART II
Licensing procedures (regs 4-14)

4. Types of licences

The Authority may issue licenses in respect of the following activities—

(a) LPG wholesale business;

(b) LPG bulk transportation business;

(d) LPG retail business;

(e) LPG storage business; and

(f) LPG consumer installations.

5. Application for licence for exportation, importation and distribution of LPG

(1) A person who wishes to export, import or distribute LPG shall apply to the Authority to be issued with a licence.

(2) An application made under subregulation (1) shall be in Form A set out in Schedule 1 and shall be accompanied by a non-refundable fee set out in Schedule 2.

(3) Notwithstanding subregulation (1), a person shall not require a licence to import LPG for quantities below 50 kg and which is for his or her own use.

6. Application for construction of LPG facility licence

(1) A person who wishes to construct an LPG facility for the following activities shall apply to the Authority in accordance with Form B set out in Schedule 1—

(a) a storage depot;

(b) a wholesale outlet;

(d) a consumer installation.

(2) An application for a licence under subregulation (1) shall be accompanied by a non-refundable fee set out in Schedule 2.

(3) An application under subregulation (1) shall meet the requirements under regulation 7(1)(a)(ii), (b), (c), (d) and (e).

(4) Where the Authority approves the application, it shall stamp or seal the submitted drawings with its legal stamp or seal.

(5) A licensee shall be obliged to follow the drawings approved in terms of subregulation (4).

(6) A licensee who seeks to alter or deviate from the drawings shall apply to the Authority for approval to amend the drawings before proceeding with the alteration or deviation.

7. Licensing requirements

(1) An application for a licence under regulations 5 and 6 shall meet the following technical and financial requirements—

(a) proof of technical capability which are—

(i) possession of a storage facility or hospitality agreement with another licensee,

(ii) environmental authorisation or an exemption issued by the relevant Department;

(b) possession of necessary requisite skilled personnel;

(c) provision of engineering drawings, including site layout, certified by a registered engineer indicating all the installation details as required by the approved standards and specifications;

(d) proof of financial capability which are—

(i) a copy of the most recent audited financial statement and where this is not available, management accounts certified by a registered accountant,

(ii) where a company is reliant on parent company funding, a copy of the parent company’s most recent audited consolidated accounts and where this is not available a consolidated performance balance sheet for the parent company which has been certified by a registered accountant, or

(iii) evidence of any funding arrangements in the form of, among others, copies of executed commercial loans, overdraft agreements, director or shareholder loan agreements, parent company loan agreements or parent company guarantee; and

(e) in case of a construction application, provision of a bill of quantities certified by a registered quantity surveyor.

(2) Notwithstanding the generality of subregulation (1), the Authority may issue a licence with specific conditions to be fulfilled within a period determined by the Authority.

8. Publication of licence applications

(1) The Authority shall, upon receiving an application under regulation 5(1) and 6(1), evaluate and verify the completeness and legality of information contained in the application.

(2) Where the Authority considers it necessary to publish a notice in accordance with section 40(4) of the Act, it shall—

(a) invite the public to submit their comments and representations within 14 days from the date of publication; and

(b) bear the costs of publication.

(3) In making a decision whether to grant or reject an application, the Authority shall consider the comments and representations received under subregulation (2)(a).

9. Issuance of licence

(1) The Authority may, upon consideration of an application for a licence—

(a) grant the application and issue a license;

(b) refer the application back to the applicant; or

(2) The Authority shall, when making a decision to grant or reject a licence, take into consideration—

(a) the licensing requirements provided in regulation 7;

(b) compliance to land ownership and land use laws;

(d) the applicant’s record of compliance with the Act, these Regulations and other regulated sector legislation and approved standards and specifications;

(e) economic efficiency and benefit to the applicant and the public in general;

(f) whether or not a regulated facility complies with matters related to—

(i) safety,

(ii) health,

(iii) security,

(iv) quality,

(v) handling of hazardous substances,

(vi) environmental protection, and

(vii) approved standards and specifications; and

(g) any other matter relevant to the conduct of an LPG business in Botswana.

(3) Where the Authority issues a licence to an applicant, it shall notify the applicant, in writing, to collect the licence.

(4) An applicant who collects a licence in terms of subregulation (3) shall pay a collection fee set out in Schedule 2.

(5) The Authority may reject an application for a licence where it determines that—

(a) the applicant does not meet the requirements of subregulation (2);

(b) the applicant’s activities may not be conducted in accordance with safety, health and environment requirements;

(c) the applicant is applying for a licence in respect of the same activity that had its licence withdrawn or revoked in accordance with the Act in the preceding five years; or

(d) the applicant has violated the mandatory requirements provided under the Act and relevant regulated sector legislation.

(6) The Authority shall, where it rejects or refers back an application for a licence inform the applicant of such decision in writing, including the reasons thereof.

(7) A person issued with a licence to export LPG shall—

(a) only export LPG in bulk;

(b) use licensed transport to convey LPG in containers or vessels that conform to applicable standards, regulations and laws; and

(8) A person issued with a licence to import LPG shall—

(a) only import LPG in quantities not less than 20000 kg;

(b) use licensed transport to convey LPG in containers or vessels that conform to applicable standards, regulations and laws; and

10. Duration of licence

(1) A licence shall be valid for a period stipulated in the licence.

(2) Notwithstanding a notification in terms of regulation 43, the Authority shall revoke a licence of any licensee who, without any lawful cause, fails to conduct the regulated activity for a period of six consecutive months during the term of the licence.

11. Application for renewal of licence

(1) A licensee may apply, in accordance with Form C set out in Schedule 1, for the renewal of a licence within—

(a) three months before the expiration of a licence that is valid for a period of 12 months or less; or

(b) six months before the expiration of a licence that is valid for a period of more than 12 months.

(2) An application for a renewal of a licence under subregulation (1) shall be accompanied by a non-refundable fee set out in Schedule 2.

(3) The Authority shall, when making a decision whether to grant or deny an application for renewal of a licence, consider the applicant’s compliance, including historic compliance record to the Act and the terms and conditions of the licence which is due to expire.

(4) The Authority shall not renew a licence of a licensee who has, during the term of the licence, ignored, resisted or wilfully neglected or failed to comply with any order given to him or her by the Authority.

(5) The Authority shall, in the event that it rejects an application for renewal of a licence, inform the applicant of such decision in writing, giving the reasons for the rejection.

12. Application for transfer of licence

(1) A person who wishes to transfer or assign a licence to another person shall apply to the Authority in accordance with Form D set out in Schedule 1.

(2) An application for transfer of a licence under subregulation (1) shall be accompanied by a non-refundable fee set out in Schedule 2.

(3) Notwithstanding the provisions of subregulation (1), the Authority shall not consider an application unless the application has been endorsed by the transferee or assignee, as the case may be.

(4) The Authority may publish an application for a transfer of licence in the Gazette and at least 2 newspapers, of wide circulation in Botswana, inviting the public to submit comments and representations within 14 days from the date of publication of the notice, and the comments and representations may be considered by the Authority in arriving at the decision on the application.

(5) The costs for publication of the notice under subregulation (4) shall be borne by the Authority.

13. Change of name

A licensee who has changed his or her name shall within seven days after such change notify the Authority in writing, and the notice shall be accompanied by a certificate for change in name issued by a relevant authority.

14. Change of shareholding structure

(1) A licensee who wishes to change ownership, where a third party becomes a majority shareholder of a company shall apply for approval, in writing, to the Authority.

(2) An application for a change of shareholding structure under subregulation (1) shall be accompanied by a non-refundable fee set out in Schedule 2.

(3) The licensee who applies for approval under subregulation (1) shall submit to the Authority, the following documents in support of the application—

(a) a covering letter addressed to the Chief Executive Officer;

(b) a duly signed and stamped deed of share transfer;

(d) tax clearance certificate from BURS; and

(e) a letter of clearance from the Competition and Consumer Authority.

(4) The Authority may, before approving the application for change in shareholding structure in subregulation (3), consult other authorities.

PART III
General Obligations of Licensee (regs 15-20)

15. General obligations

(1) A licensee shall—

(a) comply with—

(i) the Act,

(ii) relevant regulated sector legislation,

(iii) orders and directives of the Authority,

(iv) these Regulations,

(v) approved standards and specifications, and

(vi) LPG business operations guidelines;

(b) not sell or offer for sale an empty or fractional empty cylinder;

(c) inform the Authority within 12 hours after the occurrence of a dangerous situation or incident, including the steps taken or proposed to be taken to remedy such situation or to eliminate or minimise the danger that may arise from such a situation;

(d) when a facility is left unattended, ensure that—

(i) all sources of energy including electrical power to the dispensing equipment, valves and pipelines are shut off, and

(ii) the dispensers, cylinders and related equipment are adequately secured to prevent unauthorised access and use;

(e) upon request, make available to the Authority any information of the regulated activity;

(f) maintain and make available to the Authority upon request, documentary evidence that—

(i) all electrical equipment and installations in the premises relevant for the conduct of its regulated activity comply with existing relevant codes or legislation,

(ii) all installations and installation accessories comply with the approved standards and specifications,

(iii) all safety and emergency labelling is available in accordance with the approved standards and specifications,

(iv) all installations have been carried out by a relevant competent licensed installer or contractor as per the approved standards and specifications, and

(v) areas of the premises where flammable gases or vapours may occur comply with existing relevant codes;

(g) not engage in any activity that contravenes the Competition Act;

(h) sell LPG at a price as determined and set by the Authority where necessary;

(i) seek approval from the Authority for change of location of business premises;

(j) ensure that risk assessments are carried out at least every year or as specified in the licence conditions;

(k) ensure that the testing and measuring instruments used for its regulated activity are accurate and regularly calibrated by a recognised body in accordance with the applicable legislation;

(l) ensure that a cylinder is disposed off safely and in compliance with applicable laws and standards;

(m) obtain and maintain a valid insurance cover in respect of all liabilities that may arise from the conduct of a regulated activity;

(n) conduct business in such a way that—

(i) bulk consumers or customers, retailers and consumers are treated fairly and equally, and

(ii) comparable services are provided to all bulk consumers, retailers and consumers;

(o) notify the Authority immediately after the licensee—

(i) is unable to conduct his or her licensed regulated activity,

(ii) becomes aware of the fact that the conduct of his or her regulated activity would or might lead to the breach of any of these Regulations, or materially affect services to the customers or consumers, or

(iii) becomes aware of any material change in circumstances that adversely affects his or her licensed regulated activity;

(p) cause the operator to be present on the facility at all material times;

(q) notify the Authority of any change of his or her address, name or location not later than seven days after such change;

(r) display in a conspicuous place at its facility its licence or a true copy thereof, duly certified by the Authority;

(s) issue an official receipt bearing its registered name and address in all transactions relating to LPG which shall specifically set out—

(i) its registered name and address,

(ii) the quantity and price of LPG sold, transported, filled or re-filled,

(iii) the date of the transaction, and

(iv) in the case of the sale of LPG in cylinders—

(aa) the brand name of the product;

(bb) the net weight and tare weight of a cylinder;

(cc) the unit price per cylinder; and

(dd) the cylinder serial number or unique identification number; and

(t) establish and maintain an effective system or mechanism of monitoring and tracing its LPG cylinders.

(2) A person who contravenes the provisions of this regulation commits an offence.

16. Protection of lives and property

(1) A licensee shall, while storing, keeping, handling, conveying, using or disposing off LPG, take such precautions and exercise such care as may be reasonable under the circumstances in order to—

(a) avoid endangering the safety or health of any person, or the safety of any person’s property; and

(b) prevent risk of environmental harm.

(2) A licensee or a dealer shall dispose off any waste related to LPG business in a manner and at a place intended for the safekeeping and safe disposal of such products pursuant to applicable laws and approved standards and specifications.

17. Compensation for loss suffered

(1) A licensee shall be obliged to compensate any person who has suffered any loss as a result of his or her licensed regulated activity.

(2) Without prejudice to the rights and obligations given under any existing laws, any person who has suffered loss as a result of a licensed regulated activity shall—

(a) lodge a complaint with a licensee whose regulated activity has caused such loss with a view to reaching an amicable settlement; and

(b) notify the Authority of the complaint.

(3) In the event no settlement is reached under subregulation (2), the person who has suffered loss may refer the matter to the Authority for a decision on the matter and the Authority shall deal with such matter as if it is a complaint lodged pursuant to the provisions of the Act and the Botswana Energy Regulatory Authority (Complaints Settlement Procedures) Regulations (Cap. 74:11 (Sub. Leg.)).

(4) For the purpose of this regulation, a person includes an administrator, executor or executrix of the estate of a deceased person.

18. Insurance

A licensee shall ensure that he or she procures and maintains adequate insurance cover for the environment and personnel, customers, consumers and visitors of a regulated facility.

19. Maintenance of records, provision and disclosure of information

A licensee shall, at all times—

(a) keep complete and accurate records and data related to its regulated activity; and

(b) in accordance with the Authority’s requirements and pursuant to the directions of the Authority, promptly provide the Authority with documents, records or information related to the licensee’s regulated activity.

20. Customer service standards

Subject to approval by the Authority and as specified in the guidelines issued by the Authority, a licensee shall—

(a) establish—

(i) a code of practice on consumer protection,

(ii) service quality standards,

(iii) key performance standards,

(iv) procedures for handling customers complaints,

(v) programmes to inform the public on services related issues, and

(vi) an office to receive and respond to questions, concerns and complaints related to its business; and

(b) maintain trained staff to address customer issues in a timely and transparent manner.

PART IV
Environmental Protection (regs 21-22)

21. Compliance with environmental laws and standards

(1) A licensee shall comply with the requirements of all applicable environmental laws and standards related to a facility as appropriate.

(2) Subject to applicable laws, a licensee shall—

(a) carry out an environmental assessment before establishing a facility, or making a major improvement to an existing facility;

(b) take all necessary preventive measures to avoid pollution resulting from its operations;

(d) perform an environmental audit related to the regulated activity.

(3) For the purposes of subregulation (2)(a) “major improvement” means any change that is aimed at—

(a) expanding or reducing the size of the facility; or

(b) increasing or reducing the number of storage containers.

(4) Any person other than a licensee that is engaged in any business that entails handling of LPG, such as cylinder revalidation plant shall be obliged to observe and maintain their plant and operations in a manner that does not pose danger to human life and environment.

22. Sanctions for events of violations of environmental laws

Where the Authority determines that a licensee has contravened the licence conditions, the Act, these Regulations or any relevant regulated sector legislation on matters related to the protection of the environment, the Authority shall take appropriate actions pursuant to the provisions of applicable laws.

PART V
Technical Obligations of a Licensee (regs 23-37)

23. Compliance with approved standards and specifications

A licensee shall comply with the approved standards and specifications pertaining to the handling, storage, transportation and quality of LPG which are consistent with the Act, relevant regulated sector legislation and these Regulations.

24. Prohibition on use of cylinders and seals

(1) A licensee shall—

(a) not use any cylinder for storage, handling, filling or re-filling of LPG unless such cylinder is completely leak-proof, undamaged and suitable and safe for such storage, handling, filling or re-filling;

(b) keep a record of the pre-filling inspections;

(c) not use a cylinder that poses or may pose a significant risk of environmental harm or to the safety or health of any person or property;

(d) ensure all cylinders are marked according to the provisions of applicable standards; and

(e) ensure that all cylinders in his or her possession are sealed after filling or re-filling.

(2) The seal described in subregulation (1)(e) shall be of the type that LPG cannot flow out of the cylinder before the seal is broken or destroyed.

(3) A licensee who is in possession of a cylinder which is for sale that has—

(a) no seal; or

(b) broken seal,

commits an offence.

(4) A wholesaler shall seal cylinders.

(5) A licensee shall keep a record of all cylinders filled for a particular batch and which record shall include but not limited to—

(a) the serial number;

(b) tare mass;

(d) batch number;

(e) seal number; and

(f) date of filling.

25. Prohibition to decant

A person shall not fill, re-fill or decant a cylinder at any place other than a wholesaler’s place of business.

26. Prohibition on under-filling

(1) A wholesaler, or a retailer shall ensure that cylinders carry the net LPG quantity as required by the provisions of the Weights and Measures Act (Cap. 43:06).

(2) A cylinder—

(a) without a seal;

(b) with a broken seal; or

shall raise a rebuttable presumption that such cylinder is under-filled.

(3) A licensee who is in possession of an under-filled cylinder that has not been identified as under-filled or that has not been removed from a facility or a retail outlet, shall raise a presumption that such cylinder is for sale.

27. Use of calibrated weighing scales

A wholesaler or a retailer shall—

(a) at all times maintain at his or her regulated facility or a retail outlet, as the case may be, a weighing scale suitable for cylinders and such weighing scale shall be calibrated and sealed by a competent authority; and

(b) prior to selling or offering for sale ensure by weighing, that the LPG in a cylinder meets the required quantity.

28. Marking of cylinders

(1) A cylinder shall bear a distinct colour or combination of colours and be clearly labelled with—

(a) the wholesaler’s trade name;

(b) the cylinder’s serial number;

(d) safety precautions label; and

(e) any other additional markings as required by the approved applicable standard.

(2) A wholesaler shall—

(a) register a distinguishing colour or combination of colours with the Authority; and

(b) not use a colour or combination of colours already registered and in use by another wholesaler.

(3) Notwithstanding the provisions of subregulations (1) and (2), whereupon the coming into operation of these Regulations there are more than one wholesaler using the same colour or combination of colours, each wholesaler may continue using the same colour or combination of colours.

(4) A wholesaler under subregulation (3) who uses the same colour or combination of colours as another wholesaler shall—

(a) be at liberty to change the colour or combination of colours if he or she so wishes; and

(b) where he or she changes the colour or combination of colours in terms of paragraph (a), register the new colour or combination of colours with the Authority.

29. Loading and off-loading of LPG

(1) A licensee shall ensure that a sales invoice for each shipment of LPG includes—

(a) the name of the licensee, bulk consumer or consumer, as the case may be;

(b) the quantity, including temperature and density for bulk;

(d) the delivery point.

(2) An LPG shall be off-loaded only by, or in the presence of a customer, a bulk consumer or their representative.

30. Cylinder sealing

(1) A wholesaler shall, upon re-filling, ensure that a cylinder valve and a safety valve are properly closed and sealed to protect it against a leak and tampering.

(2) A licensee shall not import, sell, fill, re-fill or distribute an LPG in a cylinder that has—

(a) a broken or defective seal; or

(b) not been properly closed and sealed in accordance with subregulation (1).

31. Deceptive trade practices

A person shall not engage in any activity that may deceive, mislead, or have the effect of deceiving or misleading the customer or consumer, with respect to—

(a) the brand name of the LPG; or

(b) LPG’s composition, grade or quantity.

32. Storage of LPG

(1) A licensee shall—

(a) locate, construct, maintain and operate its works connected with storage of LPG in accordance with these Regulations, respective licence, applicable laws and approved standards and specifications;

(b) ensure that all LPG installations within its control are carried out by a licensed installer in accordance with the approved standards and specifications; and

(c) conduct its regulated activity or LPG retail business as the case may be, in such a way so as not to endanger public health or safety.

(2) A licensee shall—

(a) mark with conspicuous signs on the place on which the storage tanks and cylinders are located;

(b) separate empty and filled containers; and

(c) label the storage areas of tanks and cylinders, in accordance with the applicable approved standards and specifications.

(3) A licensee shall, when storing LPG, employ appropriate safeguards, including elevating a storage tank above the ground and placing a storage tank on a concrete pad, to ensure that a leak is easily detected.

(4) A licensee shall, where he or she intends to replace or install equipment at a regulated facility or a part thereof, submit detailed design drawings prior to commencing such replacement or installation in order to allow the Authority to make necessary inspections and issue the necessary approval.

(5) A licensee shall ensure that any equipment used in a regulated activity are—

(a) calibrated, tested and maintained by relevant authorised persons; and

(b) compliant with other legislative requirements.

33. Provision of fire protection equipment

(1) Pursuant to the provisions of the Act and any relevant regulated sector legislation, a licensee shall provide and maintain adequate fire protection equipment or systems at a facility as appropriate and as guided by the approved standards and specifications.

(2) Notwithstanding the generality of subregulation (1), a licensee shall ensure that a facility is equipped as appropriate and as may be applicable with—

(a) any emergency equipment required by the Act and the relevant regulated sector legislation or approved standards and specifications for use in an emergency situation;

(b) a fire protection system as guided by the approved standards and specifications to fight fires in the facility; and

(3) A licensee shall position the equipment referred to under subregulation (2) at a facility where an LPG is loaded, handled, off-loaded or delivered, in—

(a) an accessible place; and

(b) accordance with the approved standards and specifications.

(4) A licensee shall, not less than once a year, test the equipment referred to in subregulation (2) in accordance with its specification, the provisions of the Act, relevant regulated sector legislation approved standards and specifications.

34. Development of emergency plan

(1) A licensee shall develop an emergency plan that shall include—

(a) steps or procedures for managing incidents and accidents;

(b) a suitable and adequate fire-fighting plan that comprises—

(i) the types and locations of all fire-fighting equipment, and

(ii) an action plan that identifies, among others assembly points, emergency exists and the tasks of employees;

(c) provisions for training of employees, at least every two years, to deal with an emergency situation and the records of which shall be preserved;

(d) provisions of first aid training of employees;

(e) first aid facilities that are kept up-to-date and inspected monthly of which record shall be preserved;

(f) relevant formal appointments such as fire marshals and first aiders with specific tasks to be performed by each in the case of an emergency situation; and

(g) carrying out regular emergency response drills of which records shall be kept and corrective action plans emanating from the drills shall be actioned and such records preserved.

(2) The emergency plan referred to under subregulation (1) shall be made available to—

(a) persons employed in or on the relevant premises; and

(b) the Authority on request.

35. Decommissioning procedure

(1) A regulated facility may, subject to the provisions of this regulation, be decommissioned—

(a) after receipt of a written approval from the Authority following a written application for a decommissioning from a licensee;

(b) by an order of the Authority where the Authority is satisfied that the regulated facility has been abandoned by a licensee for a period of not less than six consecutive months; or

(c) by an order of the Authority where the Authority is satisfied that the continued operation of the regulated facility poses a danger to lives, property and environment.

(2) A licensee shall in the event that he or she seeks to decommission a regulated facility, apply, in writing, to the Authority not less than 30 days prior to the decommissioning in order to enable the Authority to make necessary inspections and issue necessary approvals.

(3) Notwithstanding any provision of these Regulations, a licensee shall pay all costs associated with the decommissioning of a regulated facility, whether the decommissioning is done following the request by the licensee or by an order of the Authority.

(4) A licensee shall comply with all regulatory and legislative provisions such as environmental impact assessments as may be applicable, when decommissioning a regulated facility.

36. Site restoration

(1) A licensee shall, before decommissioning a regulated facility, restore the area on which the regulated facility is located, to the area’s original state so that the area does not pose a threat to the environment or the safety and health of the public.

(2) The Authority shall, after completion of the restoration of a regulated facility to its original state by a licensee, and where the Authority is satisfied with the said restoration, issue the licensee with a certificate of compliance in accordance with Form E set out in Schedule 1, confirming such restoration.

(3) For the purposes of subregulation (1) “restore” means—

(a) to return the area in which a regulated facility is located to its original and natural state as it was before the construction and installation of the facility; or

(b) to render the area in which a regulated facility is located, or part thereof, compatible with its intended after-use, including—

(i) removing buildings, structures, plant and debris,

(ii) establishing of compatible contours and drainage,

(iii) replacing top soil,

(iv) re-vegetation,

(v) slope stabilisation, or

(vi) infilling of excavations.

(4) The Authority shall, before issuing a certificate of compliance under subregulation (2), consult the Department responsible for environmental affairs or any other relevant authority.

37. Performing LPG installations

(1) A person shall not carry out LPG installations or install any LPG equipment unless he or she has been registered with the relevant authority as a licensed installer or contractor.

(2) In the absence of a relevant authority registering licensed installers or contractors for the purposes of subregulation (1), the Authority shall keep a register of competent LPG installers in accordance with Form F set out in Schedule 1.

(3) A person wishing to be registered by the Authority as a competent LPG installer shall apply, in writing, to the Authority and submit evidence—

(a) that he or she has adequate skilled personnel who have undergone training on LPG installers courses or approved standards and specifications dealing with installations;

(b) of at least three years of LPG installations experience with traceable references; or

(4) The Authority shall, before registering an applicant under subregulation (3), assess the evidence of installations referred to under subregulation (3)(b) for compliance with the applicable approved standards and specifications.

(5) An application under subregulation (3) shall be accompanied by an administrative fee as may be determined by the Authority.

(6) In the case where the Authority registers a competent LPG installer, the Authority shall issue the registered installer with a certificate of registration in accordance with Form G set out in Schedule 1.

PART VI
Compliance and Enforcement (regs 38-43)

38. Power to enter and close regulated facility, building or premises

(1) Notwithstanding any provision in these Regulations, an inspector shall have the right and obligation to enter upon any facility, building or premises and close it down where he or she determines that a regulated activity being conducted therein is in contravention of the Act and these Regulations.

(2) An inspector may, while discharging his or her obligation under subregulation (1), seek the assistance of law enforcement institutions including the police and such institutions shall provide the requested assistance to the inspector.

39. Inspection of regulated facility

(1) The Authority shall have the right to access and inspect a regulated facility, a retail outlet, a vehicle or transporting equipment and documents.

(2) A licensee or operator shall, where the Authority accesses and inspects a regulated facility, retail outlet, vehicle, equipment and documents, render such assistance to inspectors as may be required in the course of such inspection.

(3) During inspection, an inspector may—

(a) take samples of any substance or articles stored in a facility, retail outlet or vehicle;

(b) make copies or take extracts from any book, accounts or records kept on a facility, retail outlet or in the vehicle;

(d) inspect any suspected vehicle that is found in a regulated facility or at a retail outlet or any place outside a regulated facility or retail outlet reasonably suspected to have been used or intended to be used in the contravention of these Regulations; and

(e) stop or suspend an activity where he or she is convinced that the continuation of such an activity endangers property, environment or a person’s life.

(4) Where an inspector stops an activity, he or she shall—

(a) inform the licensee by filling in Form H set out in Schedule 1, stating reasons and the dangers that has caused the stopping or suspension of such an activity; and

(b) transmit to the Chief Executive Officer, a copy of the completed Form H.

(5) An activity that has been stopped in accordance with subregulation (3)(e), may only be resumed—

(a) when the corrective or preventive actions have been put in place and the danger no longer exists; and

(b) after an inspector has issued in writing, an authorisation for the continuation of the activity.

40. Obligation of inspector during inspection

(1) During inspection an inspector shall be required to—

(a) identify himself or herself to a licensee or customer with an identity card issued by the Authority;

(b) explain to a licensee or customer the purpose of the inspection;

(d) not engage in any form of discrimination, bias or harassment;

(e) refrain from taking part in a duty where he or she has or may appear to have conflict of interest;

(f) carry out inspection in a professional manner in accordance with the requirements of these Regulations, codes, guidelines, inspection checklist, approved standards and specifications, applicable laws or Standards and Petroleum Industry Best Practices;

(g) not solicit or accept any bribe nor engage in any corrupt or perceived corrupt activity; or

(h) not use force or abusive, threatening or insulting language to a licensee, or any person.

(2) A person who is aggrieved by an act of an inspector during inspection may, within 14 days from the date of the act, report the matter in writing to the Authority.

41. Prohibited acts against inspectors

A licensee shall not—

(a) hinder or obstruct an inspector in the exercise of any of the powers conferred upon the inspector under these Regulations;

(b) use abusive, threatening or insulting language to an inspector;

(d) offer or attempt to offer a bribe to the inspector or solicit a favour from the inspector or any other corrupt or perceived corrupt activity; or

(e) when required by the Authority to answer a question, deny or fail to answer such question to the best of his knowledge, information and belief.

42. Issuance of Compliance Orders

The Authority may, while discharging its regulatory functions and where it finds that there is a continued contravention of the provisions of the Act or the relevant regulated sector legislation issue a Compliance Order to the person responsible for such contravention.

43. Notification of offences

(1) Where at the conclusion of an inspection under regulation 39 an inspector determines that any provision of the Act or relevant regulated sector legislation has been contravened, he or she shall notify the person responsible for the contravention.

(2) A person who has been notified of an offence may admit or dispute the offence and where he or she—

(a) admits the offence, fill in Part A of Form I set out the Schedule 1; or

(b) disputes the offence, fill in Part B of Form I set out in Schedule 1.

(3) The Authority shall, with seven days of notifying a person of an offence—

(a) issue a Compliance Order to; and

(b) charge with a criminal offence,

the person who disputes an offence under subregulation (2)(b).

(4) Where at the conclusion of the inspection, the inspector is satisfied that the continued operation of the transport vessel or a facility poses an imminent danger to the lives of people or animals or destruction of property, he or she may order for the closure or impoundment, as the case may be, of the said facility or transport unit regardless of whether the said person has admitted to the offence or not.

(5) Notwithstanding the provisions of subregulation (4), an inspector who has decided to close a facility or to impound a transport vessel, shall note down the reasons which have compelled him or her to take such decision including all the available evidence.

PART VII
Miscellaneous Provisions (regs 44-46)

44. Offences and penalties

(1) Any person who contravenes any provision of these Regulations commits an offence and is liable to a fine not exceeding
P5 000 or imprisonment for a term not exceeding six months, or to both.

(2) Without prejudice to subregulation (1), a wholesaler or dealer who—

(a) sells, offers for sale or distributes an under-filled cylinder;

(b) fails or ignores to maintain a calibrated weighing scale in its facility as required under regulation 27;

(d) fails or refuses to weigh the LPG contents in a cylinder,

commits an offence.

(3) Notwithstanding the provisions of subregulation (2), a retailer shall return any cylinder that does not meet the applicable standards to a wholesaler.

(4) Notwithstanding the penalty provided in subregulation (1) any person who contravenes the provisions these Regulations may have his or her licence revoked in addition to the penalty in subregulation (1).

45. Approved standards

For the purposes of these Regulations, approved standards shall be those listed in Schedule 3.

46. Transitional provisions

(1) Any authorisation to engage in any activity or operation relating to an LPG regulated activity issued or granted before the commencement of these Regulations shall remain valid until its expiry date whereupon the holder of such authorisation shall apply under these Regulations for a licence.

(2) A person who, before the commencement of these Regulations conducts any activity under regulation 4 without a licence shall, not later than two months from the date of commencement, apply to the Authority for a licence.

SCHEDULE 1

FORM A

(reg 5(2))

APPLICATION FOR LPG WHOLESALE/DISTRIBUTION LICENCE

For BERA Use Only
Date Received:	File Number:

IMPORTANT NOTE: Complete this form and return it with all other relevant enclosures to the Chief Executive Officer of BERA.

In order to avoid unnecessary delays, answer fully all items and submit to BERA all of the information required to consider this application. BERA will not process this application until it has been found to be complete.

Where options are given, tick the relevant box. Leave no item unanswered or unticked. If an item seems not applicable to the specific application, you should indicate with block capitals N/A meaning Not Applicable. You should ensure that all required documentation are enclosed and that each separate sheet of information attached to the application corresponds to a specific item in the application.

	PART I: DETAILS OF THE APPLICANT
1.	Name of Applicant (Insert trading name)
2.	Registration Status: (Fill Where Appropriate)
(a) Certificate of incorporation No. …………………………………………………………….
(b) Memorandum and Articles of Association (where applicable) ……………………..
(c) Business licence No. ………………………………………………………………………..
(d) TIN No. ………………………………………………………………………………………….
(e) VAT No. …………………………………………………………………………………………
3.	Physical and Postal Address of the Facility:
	(a) Physical address:
	Street: ………………………………………. Plot No.: ………………………………………
	Block No.: ………………………………….. Building No.: …………………………………
	(a) Postal address: ……………………………………………………………………………….
	(b) Telephone No.: …………………………………………………………………………………
	(c) Facsimile: …………………………………. Cellphone: …………………………………….
	(d) E-mail address: ……………………………………………………………………………….
4.	Legal Status of the Applicant:
Sole proprietorship
Partnership
Public limited liability company
Private limited liability company
Parastatal organisation
Government agency
Co-operative society
Joint venture
Other (specify) ………………………….
5.	Contact Person:
(a) Name: …………………………………………………………………………………………..
(b) Title: …………………………………………………………………………………………….
(c) Physical address:
Street: ……………………………….. Plot No.: ……………………………………………..
(d) Postal address: ………………………………………………………………………………
(e) Telephone number: ………………………………………………………………………….
(f) Facsimile: …………………………… Cellphone: …………………………………………
(g) E-mail address: ………………………………………………………………………………
6.	Application Fee and Method of Payment:
(a) Amount: BWP ………………………………………………………………………………..
(b) Mode: Cash Cheque Other (specify): …………………………………..
(c) Fees Payment Receipt No. (Attach Copy): ……………………………………………..

	PART II: ENCLOSURE
7.	Attach the Following Documents/Permits Issued by Relevant Authorities (Where Appropriate):
Building permit
Land title
Business licence
Certificate of incorporation
Memorandum and Article of Association
TIN certificate
VAT certificate
Proof of ownership of the filling plant and storage depot that conforms to the petroleum industry best practises
Hospitality agreement
Oil and lubricant handling permit
Adequate skilled personnel (personnel’s profile)
Proof of financial capability being either an audited financial statement showing an annual gross turnover of not less than P 150 000.00 or a bank statement showing a credit balance of not less than P 50 000.00 or a bank guarantee or a credit facility of not less than P 150 000.00
Environmental Impact Assessment certificate
Fire certificate from the fire service
Memoranda of Understanding (if any) governing commercial transactions of regulated goods and services.
List of the applicant’s intended customers
	PART III: DECLARATION BY THE APPLICANT
8.	I …………………………………………… (insert name) being ……………………………. (insert title/ position) hereby declare that I am authorised to make this application on behalf of the applicant (insert the name of the applicant …………………………). I further declare that to the best of my knowledge the information supplied herein is correct.
SWORN/AFFIRMED at ……………………………………………………………………………….. by the said ……………………………………………………………….. on this ………………………………………. day of ……………………… 20 ……………
…………………………………………………….. DECLARANT
BEFORE ME:
……………………………………………. COMMISSIONER OF OATHS>
NOTE: If this application form is completed electronically it must be printed out, signed before a Commissioner of Oaths and submitted with the necessary supporting documents and submitted to the BERA Head Office.

FORM B

(reg 6(1))

APPLICATION FOR CONSTRUCTION OF LPG FACILITY LICENCE

IMPORTANT NOTES:

1. Complete this form and submit (with all relevant enclosures) to the Chief Executive Officer of BERA.

2. To avoid delays, answer fully all items and submit ALL required information. You may submit your application electronically or by hand to BERA offices. This application will not be processed until it has been confirmed to be complete.

3. Where options are given, tick the relevant box. Leave no item unanswered or unticked. If an item seems not applicable to the specific application, you should indicate with block capitals N/A meaning Not Applicable. You should ensure that all required documentation are enclosed and that each separate sheet of information attached to the application corresponds to a specific item in the application.

For BERA Use Only
Date Received:	File Number:
Amount paid in BWP:	Receipt No. (Attached Copy):

PART I:	APPLICANT’S DETAILS (attach copies of the documents as applicable)
Applicant’s name:
Trading name:
Company registration number:
VAT No.:
TIN No.:
APPLICANT’S ADDRESSES:
Physical address:	Plot/Lot: …………………………………………………………………………………………
Street name: ………………………………………………………………………………….
Block No.: ……………………………………………… Building No.:…………………..
Postal address:
(contact person name)	(designation)
(telephone)		(facsimile) (cellphone)	(e-mail)
APPLICANT’S LEGAL STATUS: (tick as applicable)
	Partnership		Public Limited Liability Company	Private Limited Liability Company
	Parastatal		Government Agency	Cooperative Society
	Other	(specify): …………………………………………………………………………

PART II:	APPLICANT’S FINANCIAL DETAILS (Provide proof of financial capability which is either)
	a bank guarantee or credit facility of not less than P 1 500 000.00 or equivalent in convertible currency;
	a deposit bank statement showing a credit balance of not less than P 150 000.00 or equivalent in convertible currency at a bank or financial institution licensed by the Bank of Botswana to act as such;
	an audited financial statement showing annual gross turnover of not less than P 1 500 000.00 or equivalent in convertible currency.
PART III:	APPLICANT’S BUSINESS PLAN AND DESCRIPTION OF BUSINESS ACTIVITY: (tick as applicable)
	Attached Business Plan (including proposed 5-year investment plan and detail of sources of funding and supporting documentation)
	Description of the applicant’s business activity (Use additional sheet is necessary)

PART IV:	TECHNICAL INFORMATION
Type(s) of facility to be constructed:
	LPG FILLING PLANT		LPG STORAGE FACILITY	PIPELINE	OTHER …………………….
Are you in possession of a market licence with another licensee?		YES	NO
Give additional information or attach the documents ………………………………………………………………………………………………………………………………………..
Detailed description of land ownership, location and capacity of the facility (including technical drawings) ………………………………………………………………………………………………………………………. ………………………………………………………………………….. (Use additional sheet if necessary)
List and attach evidence of all required permits and consents issued by relevant authorities
	Land title and planning/building permit certificate: ……………………………………………………………………………………………………………
	Engineering drawings: …………………………………………………………………………………………………………….
	Other (specify): ……………………………………………………………………………………………………………
PART V:	HEALTH, SAFETY AND ENVIRONMENT (HSE) (Attach relevant documents)
	EIA certificate: ……………………………………………………………………………………………………………
	Other (specify): ……………………………………………………………………………………………………………

PART VI:	LIST OF ENCLOSURES
Confirm by a tick below (and where appropriate attach certified copies or extracts), documents submitted
	Certificate of incorporation
	Land title or lease agreement
	Copy of application fee receipt
	Certified copies of TIN & VAT certificates
	Bankers’ guarantee/letter of comfort/bank statement showing financial capability
	List of directors and shareholders
	Signed declaration by directors
	Business plan
	Design or as-built engineering drawings (to be approved by BERA)
	Environmental and Socio Impact Assessment study report
PART VII:	DECLARATION BY THE APPLICANT
	I ……………………………… (insert name) being ……………………………….. (insert title/position) hereby declare that I am authorised to make this application on behalf of ………………………………………. (insert applicant name). I further declare that to the best of my knowledge the information supplied herein are correct.
SWORN/AFFIRMED at ………………………………………… by the said …………………… who is identified to me by ………………………………………….. /known to me personally ………………………………………………………… the latter being known to me personally this …………………………………………………………. DECLARANT on this ………………….. day of……………………….. 20………..
BEFORE ME:
……………………………………………………………. COMMISSIONER OF OATHS
NOTE: If this application form is completed electronically it must be printed out, signed before a Commissioner of Oaths and submitted with the necessary supporting documents and submitted to BERA Head Office.

FORM C

(reg 11(1))

APPLICATION FOR RENEWAL OF LICENCE

For BERA Use Only
Date Received:	File Number:

IMPORTANT NOTE: Complete this form and return it with all other relevant enclosures to the Chief Executive Officer of BERA.

In order to avoid unnecessary delays, answer fully all items and submit to BERA all of the required information. You may submit your application electronically or by delivering the same to BERA offices. BERA will not process this application until it has been found to be complete.

	PART I: DETAILS OF THE APPLICANT
1.	Name of Applicant (Insert trading name)
2.	Registration Status: (Fill Where Appropriate)
	(a) Certificate of incorporation No. ……………………………………………………..
	(b) Certificate of compliance No. ………………………………………………………
	(c) Business licence No. ………………………………………………………………..
	(d) TIN No. ………………………………………………………………………………..
	(e) VAT No. ………………………………………………………………………………
3.	Address of Facility
	(a) Physical address: Street: ……………………. Plot No.: ………………………….
	(b) Postal address: ……………………………………………………………………..
	(c) Telephone No.: ……………………………………………………………………….
	(d) Facsimile: ……………………………. Cellphone: ………………………………..
	(e) E-mail address: ………………………………………………………………………
4.	Legal Status of the Applicant:
	Sole proprietorship
	Partnership
	Public limited liability company
	Private limited liability company
	Parastatal organisation
	Government agency
	Co-operative society
	Joint venture
	Other (specify) …………………..
5.	Contact Person:
	(a) Name: ………………………………………………………………………….
	(b) Title: ……………………………………………………………………………..
	(c) Physical address:
	Street: ……………………………….. Plot No.: …………………………….
	(d) Postal address: ……………………………………………………………..
	(e) Telephone number: …………………………………………………………
	(f) Facsimile: …………………………….. Cellphone: ………………………
	(g) E-mail address: ………………………………………………………………
6.	Details of the Current Licence
	Type of a licence: ……………………………………
	Licence No.: …………………………………………..
	Date issued: …………………………………………..
	Expiry date: …………………………………………..
7.	Has the licensee undergone any material changes (structural, legal, managerial or related to the services supplied) since its previous application?
Yes – If yes, provide details …………………………………………………………….. …………………………………………………………………………………………………. …………………………………………………………………………………………………. …………………………………………………… (Use additional sheet if necessary)
8.	Application Fee and Method of Payment:
	(a) Amount: BWP ………………………………………………………………………
	(b) Mode: Cash Cheque Other (specify) ………………………………..
	(c) Fees payment receipt No. (attach copy) ……………………………………
	PART II: DECLARATION BY THE APPLICANT
	I ………………………….. (insert name) being ………………………………….(insert title/ position) hereby declare that I am authorised to make this application on behalf of the applicant and that to the best of my knowledge the information supplied herein is correct and that within a reasonable period of time after notice, I undertake to provide whatever additional information BERA may require in order to evaluate this application.
SWORN/AFFIRMED at ……………………………….by the said …………………………………on this……………………………….. day of……………………………………. 20………………….
…………………………… DECLARANT
BEFORE ME:
……………………………………………….. COMMISSIONER FOR OATHS>
NOTE: If this application form is completed electronically it must be printed out, signed before a Commissioner of Oaths and submitted with the necessary supporting documents and submitted to the BERA Head Office.

FORM D

(reg 12(1))

APPLICATION FOR TRANSFER OF A LICENCE

This section to be completed by the current licensee
	Current Licensee to complete as appropriate
Current Licensee’s name
Name and address of the transferor
Reason for transfer (attach documentary proof)
Address of the licensed facility

Postcode		Tel No.
E-mail address
Licence Particulars	Type of Licence:
Licence No.:
Licence Duration:
	Expiry Date:

I agree to the licence being transferred to the applicant(s) below:
Name and physical address of the transferee:	Date:
Business organisation (sole proprietor, company, partnership):	Position:
Principal Officer (only if the transferee is a company or partnership):	Date:	Company Seal
Signature:
Names of Partners or Shareholders	1.
	2.
	3.
	4.
	5.
	6.
	7.

This section to be completed by the Applicant(s)
1. I, the undersigned, being the new occupier of the premises detailed in the application, hereby apply for the transfer of the current licence and I hereby declare that the information stated herein in regard to the transferee are true to the best of my knowledge.
2. In the event of a licence being transferred, I agree to abide by the conditions laid down by BERA and applicable laws, and not to alter in any way the approved arrangements of the premises without the written approval of BERA, nor use the said premises for any other purpose than those prevailing at the time the licence is transferred.
Date:
Signed:		Position:
Print Name:
Ownership of the site comprising the licensed facility.
If the transferor is not the owner of the site (i.e. a tenant), enter below the name and address of the owner or owners, as the case may be:
Details	Transferor to complete if applicable
Name (of owner):
Address:
Post Code:		Tel No.:
E-mail:

Fee BWP	…………	Payable to: BERA Account: ………………………….
Notes
1. The applicant(s), (if an individual person or partnership) must be over 18 years of age.
2. By signing the form both the transferee and transferor declare that they are authorised to make this application and that the information supplied there herein is correct.
3. This application together with the appropriate fee, should be forwarded to the Chief Executive Officer, BERA at ……………………………………………………………………………

The application should be attached with the following documents—

1. The original copy of a valid BERA licence in respect of the licensed facility;

2. Certified copy of tax clearance in respect of the licensed facility;

3. Lease/sale agreement stamp duty paid;

4. Company registration documents;

5. Transmission document (in case the type of transfer if by transmission i.e. death or order of the Court);

6. Proof of payment of transfer application fee; and

7. Any other document that will be required at the time of transfer.

FORM E

(reg 36(2))

COMPLIANCE CERTIFICATE

This is to satisfy that

……………………………………………….. (Name of Licensee)

has been inspected and found to be compliant with BERA’s required standards and any other applicable law.

Awarded on this ……………………. day of …………………….., 20……………

……………………………………
Chief Executive Officer>

FORM F

(reg 37(2))

REGISTER OF COMPETENT LPG INSTALLERS

The following installers have been registered with the Authority as competent LPG installers:
Name of Installer	Date of Registration	Registration Number

FORM G

(reg 37(6))

CERTIFICATE OF REGISTERED INSTALLER
Reg. No. BERA

I HEREBY CERTIFY THAT ……………………………

is this day registered under the Botswana Energy Regulatory Authority (Liquefied Petroleum Gas Operations) Regulations

………………………………………………………………………………………………………………………………………………………………………………………………

GIVEN under my hand this …………………………. day of ……………………….., 20………….

…………………………………………………………………
CHIEF EXECUTIVE OFFICER

FORM H

(reg 39(4)(a) and (b))

NOTIFICATION OF SUSPENSION OF ACTIVITY

To: ………………………………………….

I hereby notify you that your licensed activity under licence number …………………………………. is hereby suspended with effect from ……………….. day of ……………….. 20… until further notice.

The suspension is a result of the following reasons

GIVEN under my hand this ……………………………… day of ……………………….., 20………….

…………………………………………………….
INSPECTOR

FORM I

(reg 43(2))

NOTIFICATION OF OFFENCE

To ………………………………………………………….. Address ……………………………………………..

1. You are charged with the following offence(s):

(a) ……………………………………………………………………………………………………………..

(b) ……………………………………………………………………………………………………………..

(d) ……………………………………………………………………………………………………………..

(e) ……………………………………………………………………………………………………………..

(f) ……………………………………………………………………………………………………………..

2. If you WISH to admit commission of the offence(s) you should complete “PART B” below and send this notification, together with the statutory penalty for each offence to which you admit, to the Authority within 14 days from the date of service of this notification.

3. If you DO NOT WISH to admit to have committed the offence(s) you are required to complete “PART A” below and send this notification to the Chief Executive Officer of the Authority together with answers, in writing, to the charges mentioned above, within seven days from the date of service of this notification.

4. Penalty for each offence mentioned above shall be as provided for under the Botswana Energy Regulatory Authority Act and the Botswana Energy Regulatory Authority (Liquefied Petroleum Gas Operations) Regulations or any other laws relevant to the conduct of the LPG wholesale business, LPG Transportation Business or LPG retail business.

PART “A”
NOTIFICATION OF INTENTION TO ANSWER CHARGES

I ……………………………………………… of …………………………………………………… (residential or business address) being the (owner/director/manager/representative) of ………………………………

……………………………………………………….. intend to respond to the Authority on the charge(s)

Nos. ……………………………………………………………… set out in Paragraph 1 of this Notification.

Signature: ……………………………

Date: ………………………………….

PART “B”
ADMISSION OF OFFENCE

I …………………………………… of ………………………………………. (residential or business address) being the (owner/director/manager/representative) of ………………………………… plead guilty to the charge(s) Nos. ……………….. set out in Paragraph 1 of this Notification and I undertake to pay the requisite fine of BWP………………… within a period of 14 days from the date hereof.

Signature: ……………………….

Date: ……………………………..

FACILITY/VEHICLE/VESSEL DETAILS	ISSUED BY
Motor Vehicle Reg. No. …………………..	Name: ………………………………………..
LPGWL /LPGDL No. ………………………	Designation: ………………………………..
Vessel Registration No. …………………..	Date: …………………………………………
Signature of the person issued with the notification	Signature of the inspector
……………………………………………………	……………………………………………………

SCHEDULE 2

(regs 5(2), 6(2), 9(4), 11(2), 12(2) and 14(2))

FEES

Fee Type	Application Fee (BWP)	Renewal Fee (BWP)
Liquefied Petroleum Gas	Storage <<30,000L Liquefied Petroleum Gas	2 500.00	2 500.00
Loading, discharge facilities	5 000.00	5 000.00
Storage >30,000L Liquefied Petroleum Gas	5 000.00	5 000.00
Import/Export	2 500.00	2 500.00
Retail	2 500.00	2 500.00
Pipeline	30 000.00	30 000.00
Manufacturing (other than small scale e.g., biofuels)	30 000.00	30 000.00
Construction	2 500.00	2 500.00
Transfer of Licence	5 000.00
Change of Particulars	5 000.00
Collection fee	10.00

SCHEDULE 3

(reg 45)

LIST OF APPROVED STANDARDS

The following are a list of approved standards
Standard	Title
BOS 3	The handling, storage and distribution of LPG

BOTSWANA ENERGY REGULATORY AUTHORITY (IMPORTATION OF PETROLEUM PRODUCTS QUOTA ALLOCATION) ORDER

(1st April, 2024)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Petroleum products quota allocation

SCHEDULE

S.I. 99, 2023.

1. Citation

This Order may be cited as the Botswana Energy Regulatory Authority (Quota Allocation) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“import quantity” means the quantities of petroleum products imported for consumption in Botswana in any given year;

“public body” means Botswana Oil Limited;

“Petroleum products quota allocation” means the percentage of import quantity of petroleum product, allocated for importation by Botswana Oil Limited;

3. Petroleum products quota allocation

(1) There is established a percentage of the import quantity to be known as petroleum products quota allocation.

(2) The petroleum products quota allocation shall be imported by Botswana Oil Limited.

(3) The petroleum products Quota Allocation shall be as set out in the Schedule.

SCHEDULE
PETROLEUM PRODUCTS QUOTA ALLOCATION

Paragraph 3(3)

PETROLEUM PRODUCTS	PERCENTAGE ALLOCATION
Petroleum products	90 %

BOTSWANA ENERGY REGULATORY AUTHORITY (PETROLEUM PRODUCTS) REGULATIONS

(section 74(1))

(11th March, 2024)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I
Preliminary

1. Citation

2. Interpretation

3. Application of Regulations

PART II
Licensing Procedures

4. Application for licence to construct and operate petroleum pipeline, etc.

5. Application for licence to import petroleum product

6. Application for licence to export petroleum product

7. Licensing requirements

8. Issue of licence

9. Restrictions on import licence

10. Volume reconciliation requirements

11. Validity of licence

12. Application for renewal of licence

13. Application for transfer of licence

14. Change of name

15. Change of shareholding structure

PART III
General Obligations of Licensee

16. General obligations

17. Protection of lives and property

18. Compensation for loss suffered

19. Insurance

20. Maintenance of records, provision and disclosure of information

PART IV
Environmental Protection

21. Compliance with environmental laws and standards

PART V
Technical Provisions

22. Compliance with specifications and standards

23. Manhole covers to be colour coded

24. Forecourt design

25. Location of dispensing pumps

26. Earth bonding and installation of point of sale printer

27. Maintenance of oil interceptors and monitoring wells

28. Building designs and canopies

29. Electrical standby generator or alternative power source

30. Petroleum price billboards

31. Warning signs

32. Fire precaution

33. Control of petroleum product spill

34. Decommissioning procedure

35. Site restoration

36. Transportation of petroleum products

37. Maintenance of internal monitoring system

PART VI
Petroleum Sampling

38. Sampling process

39. Preliminaries to sampling

40. Collecting samples

41. Sample collection form to be signed

42. Supervisor or driver of a transport vessel to witness and facilitate the sampling exercise

PART VII
Testing Procedures

43. Selection of qualified laboratories

44. Re-testing process

45. Right to witness re-test

PART VIII
Procedures on Inspection of Regulated Facility or Transport Vessel

46. Procedure for inspection of regulated facility or transport vessel

47. Obligations of inspector during inspection

48. Prohibited acts against inspectors

PART IX
Penalties for Non-Conforming Products

49. Penalties for non-conforming products

50. Reference to Revenue Service or relevant authority

PART X
Petroleum Products Pricing

51. Price reviews

52. Retail pump price

PART XI
Compliance and Enforcement

53. Notification of offence

54. Issuance of compliance orders

55. Offences and penalties

56. Savings and transitional provisions

SCHEDULES

S.I. 29, 2024,
S.I. 41, 2024,
S.I. 51, 2024,
S.I. 54, 2024,
S.I. 59, 2024,
S.I 62, 2024,
S.I. 94, 2024,
S.I. 102, 2024.

PART I
Preliminary

1. Citation

These Regulations may be cited as the Botswana Energy Regulatory Authority (Petroleum Products) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“approved specification” means any specification or standard in relation to a petroleum product applied by the Authority and as approved by the Botswana Bureau of Standards pursuant to the Standards Act;

“Authority” has the same meaning assigned to the term under the Act;

“bulk consumer” means a consumer who buys petroleum products in bulk quantity for own use or any other use other than reselling;

“bulk quantity” means a single lot of not less than 200 litres of a petroleum product;

“Competition and Consumer Authority” means the authority established under the Competition Act;

“dangerous situation” means a situation involving a petroleum product that—

(a) endangers the safety or health of a person or the safety of a person’s property; or

(b) creates an immediate risk of significant environmental harm;

“Department” means the department responsible for environmental issues;

“depot” means a petroleum storage facility of a capacity of more than 5 000 litres that has been constructed and meets the specifications specified under the Standards Act, in respect of which wholesale business is carried out and includes—

(a) a building;

(b) a storage tank;

(d) a pump house;

(e) a loading gantry; and

(f) a fire fighting system;

“good petroleum industry practice” means any conduct related to a petroleum product intended to preserve product quality and meets accepted health, safety and environmental requirements;

“import quantity” means the total quantities or volume of petroleum products imported in Botswana for consumption in any given year;

“incident” means—

(a) an event that involves a leakage of more than 200 litres at any point in time of a petroleum product from a regulated facility;

(b) a spill of more than 200 litres of a petroleum product as a result of dispensing or offloading activities;

(d) a fire or an event incidental to a fire resulting from an action that is related to a regulated activity;

(e) an event that results in an emergency shutdown of a regulated facility; and

(f) any other significant event that may adversely affect the conduct of a regulated activity;

“inspector” means an officer of the Authority or an agent of the Authority appointed by the Authority to perform inspection as required under the Act and regulated sector legislation;

“licensee” means a person issued with a licence under these Regulations to trade in petroleum products;

“monthly requirements” means monthly forecasted consumption volume of petroleum products which shall be validated as per the Operational Rules set by a public body;

“non-conforming product” means a petroleum product that does not meet the approved specifications;

“petroleum” means petroleum crude;

“petroleum products” means an organic compound, pure or blended which is derived from the refining or processing of petroleum crude oil or synthetic fuel and includes—

(a) asphalts, bitumen, petroleum coke and other residual product;

(b) bunkers or heavy residual fuel oils for combustion or industrial heat processes such as burners for boilers or heating furnaces;

(c) commercial gases which include methane, ethane, propane, butane and other similar petroleum gases, biogas or mixture of these gases whether in gaseous or liquefied state;

(d) gas oil or automotive diesel, biodiesel, industrial marine diesels or synthetic diesel;

(e) gasoline, bio-naphtha or bio-ethanol product;

(f) kerosene or other similar oils for illumination or combustion applications;

(g) lubricating oils, base oil or refined and blended finished oil; or

(h) turbo fuels for jet propulsion engines;

“petroleum products quota allocation” means the percentage of import quantity of petroleum product, allocated to a public body in accordance with the Botswana Energy Regulatory Authority (Importation of Petroleum Products) (Quota Allocation), Order (Cap. 74:11);

“petroleum product spill” means the unlawful discharge of a petroleum product of more than 200 litres into land, water or any structure or a thing;

“public body” has the same meaning assigned to the term under the Act;

“regulated activity” means an activity licensed under section 37 of the Act;

“regulated entity” means a licensee, operator, importer, exporter, retailer, wholesaler, bulk consumer and any other entity involved in the provision of service or activity in the regulated sector;

“regulated facility” means a receiving and discharging facility, depot, or a retail service station;

“retail service station” means a place where a petroleum product is sold or offered for sale to a customer on a retail basis and includes the buildings, storage tanks and dispensing pumps in respect of which a retailer is conducting retail sale of petroleum products;

“Revenue Service” means the Botswana Unified Revenue Service established under the Botswana Unified Revenue Service Act (Cap. 53:03);

“supervisor” means an operator or any other person responsible for the management and monitoring of a regulated facility;

“transport vessel” means a motor vehicle, machinery, ship, truck, railway wagon barge or any other means of transporting a petroleum product excluding transportation by pipeline; and

“wholesaler” means a person or a regulated entity that buys and sells petroleum products in bulk quantity to retailers and bulk consumers.

3. Application of Regulations

These Regulations shall regulate petroleum sector activities and any other related activities.

PART II
Licensing Procedures

4. Application for licence to construct and operate petroleum pipeline, etc.

(1) A person who wishes to construct and operate a petroleum pipeline, transport a petroleum product over a pipeline, store and operate a storage facility for a petroleum product, operate a loading or a discharge facility, operate a retail service station or manufacture a petroleum product shall apply to the Authority, which application shall be—

(a) in Form A set out in Schedule 1; and

(b) accompanied by a non-refundable fee set out in Schedule 3.

(2) Any person who contravenes subregulation (1), commits an offence and is liable to a penalty specified under section 73 of the Act.

5. Application for licence to import petroleum product

(1) The Authority shall grant a licence to import petroleum products in accordance with the petroleum products quota allocation to a—

(a) public body; and

(b) regulated entity that is majority citizen owned company.

(2) A regulated entity that is majority citizen owned company that wishes to import petroleum products shall apply to the Authority, which application shall be—

(a) in Form B set out in Schedule 1; and

(b) accompanied by a non-refundable fee set out in Schedule 3.

(3) Where the Authority issues the licence, the licensee shall—

(a) import a petroleum product in quantities as allocated in the petroleum products quota allocation;

(b) import petroleum product in quantities not less than 160 000 litres per month;

(c) transport a petroleum product in a container or a vessel that conforms to applicable standards, these Regulations and any relevant regulated sector legislation;

(d) ensure that the quality of a petroleum product imported meets the specifications specified in the applicable standards;

(e) produce documentary evidence when required showing that the imported petroleum product has been tested and conforms to the required, product quality; and

(f) comply with any other written law that governs importation.

(4) Notwithstanding subregulation (3) a—

(a) public body shall be permitted to import petroleum products in volumes in excess of the quota allocated to meet the national demand as may be required; and

(b) person shall not require a licence to import a petroleum product of quantities below 200 litres which is for his or her own use.

(5) Any person who contravenes this regulation commits an offence and is liable to a penalty specified under section 73 of the Act.

6. Application for licence to export petroleum product

(1) A person who wishes to export a petroleum product shall apply to the Authority, which application shall be—

(a) in Form C set out in Schedule 1; and

(b) accompanied by a non-refundable fee set out in Schedule 3.

(2) Where the Authority issues the licence, the licensee shall—

(a) export a petroleum product in bulk quantity;

(b) transport a petroleum product in a container or a vessel that conforms to applicable standards, these Regulations and any relevant regulated sector legislation;

(d) comply with all exportation requirements; and

(e) comply with the lawful direction or requirement of the Authority.

(3) Notwithstanding subregulation (1), a person shall not require a licence to export a petroleum product of quantities below 200 litres which is for his or her own use.

(4) Any person who contravenes this regulation commits an offence and is liable to a penalty specified under section 73 of the Act.

7. Licensing requirements

The Authority shall not issue a licence under these Regulations to an applicant unless the applicant—

(a) meets the following technical requirements—

(i) has a storage depot or a hospitality agreement with another licensee,

(ii) has the necessary requisite skilled personnel,

(iii) produces engineering drawings certified by a registered engineer registered with the Engineering Registration Board including site layout, and

(iv) produces an environmental authorisation or an exemption issued by the Department;

(b) produces the following documents as evidence of financial capability—

(i) a copy of the most recent audited financial statements or management accounts which has been certified by a registered accountant registered with the Botswana Accountancy Oversight Authority,

(ii) where a company is reliant on parent company funding, a copy of the corporate parent’s most recent audited consolidated accounts or a consolidated proforma balance sheet for the parent company which has been certified by a registered accountant registered with the Botswana Accountancy Oversight Authority,

(iii) a copy of—

(aa) an executed commercial loan,

(bb) an overdraft agreement,

(cc) a director or shareholder loan agreement,

(dd) a parent company loan agreement, or

(ee) a parent company guarantee, as evidence of a funding arrangement, and

(iv) a bill of quantities certified by a registered quantity surveyor registered with the Quantity Surveyors Registration Council, in case of a construction application;

(c) produces evidence that a regulated facility has been inspected and certified by an inspector and is in a properly functioning condition;

(d) produces proof of requisite ownership or usage rights over the principal regulated facility to be used to perform the activity; and

(e) has adequate and serviced firefighting equipment in accordance with the applicable standards and laws.

8. Issue of licence

(1) The Authority shall, in making a decision to grant or reject a licence take into consideration—

(a) the licensing requirements set out in regulation 7;

(b) compliance to land ownership and land use laws;

(d) the applicant’s record of compliance with the Act, these Regulations and other regulated sector legislation;

(e) the economic efficiency and benefit to the applicant and the public in general;

(f) compliance of a regulated facility on matters including—

(i) safety,

(ii) health,

(iii) security,

(iv) handling of hazardous substances, and

(v) environmental protection; and

(g) any other matter relevant to the orderly conduct of a regulated activity in Botswana.

(2) The Authority may, where it is satisfied that the applicant meets all the requirements under these Regulations, issue the applicant with a licence in Form A set out in Schedule 2.

(3) The Authority may reject an application for a licence where it determines that the applicant does not meet the requirements set out under subregulation (1).

(4) The Authority shall, in the event that it rejects an application for a licence under subregulation (3), notify the applicant, in writing of its decision within 14 days from the date the decision is made, including the reasons thereof.

9. Restrictions on import licence

(1) A person shall not import petroleum products except as provided for in the petroleum products quota allocation.

(2) A regulated entity, except a regulated entity that is majority citizen owned company and a wholesaler, shall source their petroleum products requirements from a public body.

(3) Notwithstanding subregulation (2), a regulated entity that is a majority citizen owned company may—

(a) source their petroleum products requirements from a public body; and

(b) supply petroleum products to bulk consumers.

(4) A regulated entity and a wholesaler shall not engage in any activity that may deceive, mislead or have the effect of deceiving or misleading the Authority or unduly benefit the regulated entity or a wholesaler with respect to—

(a) sourcing, importation and supply of petroleum products;

(b) shareholding structure;

(d) any form of fronting or malpractice that may be identified by or come to the attention of the Authority.

(5) Any person who contravenes this regulation commits an offence.

10. Volume reconciliation requirements

(1) A regulated entity and a wholesaler shall submit to the Authority its projected annual consumption requirements of petroleum products, split into three months rolling forecast.

(2) The forecasts submitted under subregulation (1) shall indicate where the monthly consumption requirements of petroleum products of a regulated entity and a wholesaler shall be purchased from.

(3) For the avoidance of doubt, forecasts submitted by a regulated entity that is not majority citizen owned company shall indicate that 100 per cent of its monthly consumption requirements of petroleum products shall be sourced from a public body.

(4) A regulated entity and a wholesaler shall, by the fifth calendar day of the month submit to the Authority, reconciliations accompanied by evidence of volumes of petroleum products sourced from a public body against their monthly requirements.

(5) A public body shall, by the fifth calendar day of the month, submit to the Authority, reconciliations accompanied by evidence of volumes of petroleum products imported against national requirements.

(6) Any person who contravenes this regulation commits an offence.

11. Validity of licence

The validity of a licence issued under regulation 8(2) shall be subject to the licensee complying with the terms and conditions of the licence.

12. Application for renewal of licence

(1) A licensee who wishes to renew his or her licence shall apply to the Authority for the renewal of a licence, which application shall be—

(a) in Form A set out in Schedule 4; and

(b) accompanied by an application fee set out in Schedule 3.

(2) A licensee shall submit the application under subregulation (1) to the Authority six months before the expiry of the licence.

(3) The Authority shall, while making a decision whether to grant or reject an application for renewal of a licence, consider the applicant’s compliance to the Act, relevant regulated sector legislation, these Regulations and terms and conditions of the licence which is due to expire.

(4) The Authority shall not renew the licence of an applicant who has failed to comply with any order given by the Authority.

13. Application for transfer of licence

(1) An application for the transfer or assignment of a licence in terms of section 47(2) of the Act shall be—

(a) made in Form A set out in Schedule 5; and

(b) accompanied by an application fee set out in Schedule 3.

(2) Notwithstanding subregulation (1), the Authority shall not consider an application for the transfer or assignment of a licence, unless the application is endorsed by the transferee or assignee.

(3) The Authority shall, after receipt of the application under subregulation (1), evaluate the application to verify its completeness and legality of information contained therein.

(4) The Authority shall publish a notice of the application for the transfer or assignment of a licence in at least two newspapers of wide circulation, one in English and another in the Setswana language.

(5) The notice under subregulation (4), shall invite members of the public to submit comments and representations within 14 days from the date of publication of the notice and the comments and representations shall be considered by the Authority in arriving at the decision on the application.

(6) The Authority shall after expiration of the notice in subregulation (5), evaluate the application together with comments received and make a decision whether to grant or deny the application for transfer or assignment of a licence at the case may be.

(7) The costs for publication of the notice under subregulation (4) shall be borne by the Authority.

14. Change of name

(1) A licensee who has changed his or her name after being issued with a licence shall, within seven days after such change, notify the Authority, in writing.

(2) The notification under subregulation (1), shall be accompanied by a certificate of change of name issued by the relevant authority.

15. Change of shareholding structure

A licensee shall, when notifying the Authority of a change in ownership in accordance with section 49 of the Act, submit the following documents—

(a) a covering letter addressed to the Chief Executive Officer;

(b) a duly signed and stamped deed of share transfer;

(d) a tax clearance certificate from the Revenue Service; and

(e) a letter of clearance from the Competition and Consumer Authority where applicable.

PART III
General Obligations of Licensee

16. General obligations

(1) A licensee shall inform the Authority within 12 hours after the occurrence of a dangerous situation or incident at a regulated facility.

(2) The notification under subregulation (1), shall comprise of the steps taken or proposed to be taken by a licensee to remedy such dangerous situation or incident or to eliminate or minimise any danger arising from such dangerous situation or incident.

(3) A licensee shall—

(a) ensure the safe disposal of any petroleum product and waste petroleum product;

(b) not keep fireworks or any other instrument or a product in or near a regulated facility that might pose a risk of fire or otherwise;

(d) not decommission a regulated facility contrary to the provisions of the Act, relevant regulated sector legislation and these Regulations;

(e) ensure that a supervisor is present at a regulated facility at all times and in his or her absence any person employed or acting as his or her agent to perform his or her duties;

(f) prior to effecting any major replacement or maintenance to a regulated facility or a part thereof, notify the Authority not less than 14 days prior to commencing such replacement or maintenance;

(g) ensure that all equipments at a regulated facility are calibrated for correct measurements and are in good working condition in accordance with approved specifications and applicable laws;

(h) pursuant to the written directions of the Authority, monitor, record and reconcile all stocks of petroleum products delivered to, stored in and dispensed from a regulated facility and retain such records for not less than 12 months and make the same available to the Authority on demand;

(i) prepare a weekly stock position of a petroleum product in a regulated facility as shall be specified, in writing by the Authority where necessary;

(j) promptly notify the Authority of any apparent loss or gain of a petroleum product that is outside normal operating patterns;

(k) maintain and make available to the Authority on demand, documentary evidence demonstrating that all electrical equipment and installations in a regulated facility relevant to the—

(i) receipt,

(ii) handling,

(iii) storage, and

(iv) dispensing,

of a petroleum product and to areas where inflammable gases or vapours capable of producing explosive or ignitable mixtures may occur, comply with approved specification and installation procedures in accordance with existing codes, the Act and relevant regulated sector legislation;

(l) not abandon a regulated facility other than in accordance with the Act, relevant regulated sector legislation, these Regulations or directions of the Authority;

(m) display in a conspicuous place at a regulated facility, a licence or a true copy thereof, duly certified by the Authority;

(n) print its licence number on all accounting documents employed in its regulated activity, including invoices, delivery notes and receipts;

(o) not engage in any activity that may distort or interfere with fair competition rules; and

(p) notify the Authority—

(i) as soon as practicable if he or she is unable to conduct his or her regulated activity, and

(ii) as soon as practicable, but in any event not later than 30 days, after he or she becomes aware of the fact that the conduct of his or her regulated activity may lead to the breach of any of these Regulations or materially affect services to customers and consumers.

(4) Any person who contravenes this regulation commits an offence.

17. Protection of lives and property

(1) A licensee shall while storing, keeping, handling, conveying, using or disposing of any petroleum product, take such precautions and exercise such care as may be reasonable under the circumstances in order to—

(a) avoid endangering the safety or health of any person or the safety of any person’s property; and

(b) prevent risk of significant environmental harm.

(2) A licensee shall dispose of a waste petroleum product in a manner and at a place intended for the safekeeping and dumping of such products in accordance with applicable standards and laws.

(3) A licensee shall appoint at least one employee qualified in health, safety and environment to address and be responsible on health, safety and environmental matters and obligations related to the regulated activity.

18. Compensation for loss suffered

(1) Without prejudice to the rights and obligations given under any laws, any person who suffers loss as a result of a regulated activity shall—

(a) lodge a complaint with a licensee whose regulated activity has caused such loss with a view to reaching an amicable settlement; and

(b) immediately notify the Authority of the complaint.

(2) In the event that the parties do not reach a settlement within 14 days, the complainant may refer the matter to the Authority for a decision.

(3) The Authority shall deal with the complaint under subregulation (1) in accordance with the provisions of the Act and the Botswana Energy Regulatory Authority (Complaints Settlement Procedure) Regulations.

19. Insurance

A licensee shall ensure that he or she procures and maintains adequate public liability insurance.

20. Maintenance of records, provision and disclosure of information

A licensee shall—

(a) keep complete and accurate records and data related to its regulated activity; and

(b) in accordance with the Authority’s requirements and pursuant to its directions, promptly provide to the Authority documents, records or information related to its regulated activity.

PART IV
Environmental Protection

21. Compliance with environmental laws and standards

(1) A licensee shall comply with the requirements of applicable environmental laws and standards related to a regulated facility.

(2) A licensee shall, subject to the applicable law—

(a) carry out an environmental impact assessment before establishing a regulated facility or making a major improvement to an existing regulated facility;

(b) take all necessary preventive measures to avoid pollution resulting from operating its dispensing pumps, transfer pumps, storage tanks or other equipment at the regulated facility;

(d) perform an environmental audit related to a regulated activity in accordance with applicable law; and

(e) have monitoring wells and bund walls in compliance with applicable standards.

(3) In this regulation, “major improvement” means an improvement that is aimed at—

(a) expanding or reducing the size of a regulated facility; or

(b) increasing or reducing the number of storage tanks.

PART V
Technical Provisions

22. Compliance with specifications and standards

(1) A licensee shall comply with the approved specifications pertaining to the handling, storage and composition of a petroleum product which is consistent with the provisions of the Act, the relevant regulated sector legislation and these Regulations.

(2) A licensee shall not deviate from any approved specification prior to the approval of the Authority.

(3) The Authority shall not grant an approval to deviate from any approved specification unless it is satisfied that such deviation—

(a) is in the public interest; and

(b) shall not negatively affect public safety and the environment.

(4) A licensee shall not mix or blend any petroleum products unless authorised to do so, in writing, by the Authority.

(5) A licensee shall not use—

(a) any container to store or convey a petroleum product unless such container is—

(i) leak and spill proof for, and

(ii) suitable and safe for, storage and conveyance of a petroleum product in accordance with applicable standards; and

(b) a container which does not comply with the requirements of the approved specifications for storing a petroleum product.

(6) Any person who contravenes this regulation commits an offence.

23. Manhole covers to be colour coded

A licensee dealing in the storage of petroleum products shall, in order to facilitate identification especially during product deliveries into underground storage tanks, ensure that the storage tanks, manhole covers and slabs have the following colour coding, which colour shall correspond to the pump nozzles—

(a) gasoline or petrol – green or red;

(b) kerosene or illuminating paraffin – blue; and

24. Forecourt design

A licensee shall ensure that the forecourt of a retail service station is designed in accordance with applicable standards to—

(a) ensure sufficient drainage;

(b) enable a customer to get on and off the area safely and rapidly; and

(c) take maximum opportunity to use, add-on facilities such as convenience shops, lubricant or wash bay, vulcanising center, tyre alignment, air, water and balancing facilities for wheels.

25. Location of dispensing pumps

(1) A licensee shall ensure that dispensing pumps at a retail service station are properly located to allow—

(a) full visibility of dispensing pumps to approaching customers;

(b) full visibility of dispensing pumps from the supervisor’s office for security as well as overall control and where this cannot be achieved due to design constraints, security cameras shall be used; and

(2) A licensee shall ensure that—

(a) the forecourt or drive ways of a retail service station are constructed using concrete, pavement blocks or asphalt and a provision made for a level bay to allow for accurate measurements of petroleum products;

(b) a crash barrier is installed around a pump for protection of a pump; and

(c) the fuelling and offloading areas of a retail service station are constructed out of hard surface or concrete to protect the environment from petroleum product spills.

26. Earth bonding and installation of point of sale printer

A licensee shall ensure that the—

(a) offloading area is installed with earth bonding wire and maintained as required by the applicable laws or standards; and

(b) dispensing pumps are connected to the point of sale printer and maintained as required by the applicable laws or standards.

27. Maintenance of oil interceptors and monitoring wells

A licensee shall ensure that a retail service station has—

(a) an oil interceptor and a monitoring well;

(b) a fuelling area and a discharge for the drainage system is connected to the regulated facility oil interceptor; and

28. Building designs and canopies

(1) A licensee shall ensure that all buildings at a retail service station are—

(a) designed and constructed to allow safe cash handling system, drop safes and night-time pay windows; and

(b) fitted with adequate number of security cameras at areas with high security risks.

(2) A licensee shall ensure that—

(a) a canopy at a retail service station—

(i) is constructed using non-combustible materials,

(ii) is above hazardous areas related to dispensing equipment, and

(iii) has a minimum height from forecourt finish level in accordance with applicable standards;

(b) illumination provided at a retail service station allows clear visibility for operation and security purposes at night; and

29. Electrical standby generator or alternative power source

A licensee shall ensure that—

(a) a standby electrical power generator or any alternative power source with a capacity matching the retail service station electrical power requirements is installed to provide power to cover operations in cases of power outages; and

(b) an emergency switch is installed on all sites to cut-off power supply to all dispensing pumps in case of emergency situation such as petroleum product spill or fire.

30. Petroleum price billboards

(1) A licensee shall—

(a) erect conspicuously at a retail service station, petroleum price billboard as a free-standing structure or as part of the prime sign with the minimum dimensions of—

(i) length – 2.0 metres,

(ii) breadth – 1.2 – 1.5 metres, and

(iii) thickness – 0.2 metres; and

(b) ensure that the base of the petroleum price billboard shall not be less than three meters high from ground level.

(2) The prices of petroleum products on offer for sale at a retail service station shall be displayed on the petroleum price billboard and the unit price of each petroleum product shall appear in Pula per litre.

(3) The nature of a petroleum products billboard may include neon or electronic messaging:

Provided the prices are clearly legible to customers approaching a retail service station from a minimum distance of 50 metres.

31. Warning signs

(1) A licensee shall ensure that safety signs and symbols that are compliant with the applicable standards are boldly displayed at a regulated facility to communicate to customers, visitors and attendants.

(2) Notices and safety signs and symbols under subregulation (1), shall be—

(a) installed in the vicinity of dispensing pumps, underground tanks, filling points and vent pipes; and

(b) conspicuous from a distance of three to five metres.

(3) A licensee shall ensure that an underground tank’s identification includes the following information—

(a) tank number;

(b) maximum working capacity;

(d) colour code.

32. Fire precaution

(1) A licensee shall—

(a) ensure that a building, road and structure used in connection with a regulated facility is designed, constructed, equipped and maintained—

(i) in such a way as to prevent fire or explosion, and

(ii) so as to minimise the harmful effects of fire or explosion if they occur;

(b) ensure that personnel involved in storing, handling and dispensing of a petroleum product exercises caution in respect of anything that may cause fire or an explosion and that such personnel shall comply with the relevant law on matters related to the fire and explosion; and

(2) A licensee shall make reasonable effort to ensure that a person shall not throw, leave or create any open or naked flame, spark or flame or any burning or smouldering material on a regulated facility.

(3) A licensee shall ensure that a person shall not—

(a) load a petroleum product into a vehicle while the engine of the vehicle is running; and

(b) receive or make a call from a cellular telephone or any other electronic communication apparatus within a regulated facility except in places specifically designated for such activity.

(4) A licensee shall take adequate precautions to prevent the outbreak of fire when storing, keeping, handling, conveying, using or disposing of a petroleum product.

(5) A licensee shall provide adequate fire fighting equipment and maintain such equipment in good working condition in accordance with these Regulations, applicable law and standards and the directions issued by the Authority.

(6) A licensee shall—

(a) position the fire fighting equipment in an accessible place at a regulated facility; and

(b) in any event not less than once a year, test the fire fighting equipment in accordance with the applicable law.

(7) A licensee shall establish a fire emergency plan to be employed in the event of a fire at a regulated facility that shall—

(a) include a suitable and adequate fire-fighting plan that comprises—

(i) the locations and types of all fire-fighting equipment, and

(ii) an action plan that identifies assembly points and the tasks of employees in the event of fire;

(b) provide for the training of employees on fire safety, the records of which shall be preserved;

(d) be made available to the Authority on request.

(8) Any person who contravenes this regulation commits an offence.

33. Control of petroleum product spill

(1) A licensee shall, in the event of a petroleum product spill—

(a) inform the Authority about such spill, as soon as practicable and not more than 12 hours after the occurrence of such spill; and

(b) take all the necessary steps in accordance with the provisions of the Waste Management Act, and applicable standards as may be necessary to clean up such spill.

(2) Where a licensee fails to comply with subregulation (1), the Authority may, by notice in writing, order the licensee to take such steps as the Authority may require in order to clean up a petroleum product spill at the licensee’s cost.

(3) A licensee who fails to comply with an order of the Authority issued under subregulation (2), commits an offence.

(4) Any person who is affected by any spill of a petroleum product and seeks redress shall—

(a) lodge a complaint with a licensee who caused such spill with a view to reach an amicable settlement; and

(b) immediately notify the Authority of the complaint.

(5) In the event a settlement is not reached under subregulation (4), the person who is affected by the spill may lodge a complaint with the Authority for compensation from the licensee who is responsible for the spill.

(6) The Authority shall deal with a complaint under subregulation (5) in accordance with the provisions of the Act and the Botswana Energy Regulatory Authority (Complaints Settlement Procedure) Regulations.

34. Decommissioning procedure

(1) The Authority shall decommission a regulated facility—

(a) after a receipt of a written application from a licensee;

(b) where it is satisfied that a regulated facility has been abandoned by a licensee for a period of not less than three months; or

(c) where it is satisfied that the continued operation of such regulated facility may endanger the safety or health of a person or the safety of a person’s property.

(2) A licensee who is desirous of decommissioning a regulated facility shall notify the Authority not less than 30 days prior to such decommissioning in order to enable the Authority to make necessary inspections and to issue the necessary approvals.

(3) A licensee or the owner of a regulated facility shall within one year from the date of completion of construction of the regulated facility or grant of a licence, whichever comes first, submit to the Authority for approval a decommissioning plan substantiating the following—

(a) the intended rehabilitation plan;

(b) bill of quantities of planned decommission approved by a registered quantity surveyor; and

(4) The Authority shall, within 45 days from the date of receipt of the plan submitted in subregulation (3), approve the plan with such conditions as it considers fit.

(5) A licensee or the owner of a regulated facility shall, within five years from the date of effective operation, pay to the Authority such sum of money as shall be determined by the Authority as decommissioning costs and the same shall be kept in trust by the Authority for the purpose of decommissioning a regulated facility.

(6) The amount to be paid under subregulation (5), shall be determined by the Authority as per the bill of quantity and any prevailing condition as the Authority considers necessary.

(7) Notwithstanding subregulation (5), if the decommissioning costs exceeds the funds in trust of the Authority, a licensee shall pay all the extra costs associated with the decommissioning of a regulated facility, whether such decommissioning has been done following a request by the licensee or by order of the Authority.

(8) A licensee or owner of a regulated facility shall as the case may be, update the decommissioning plan to align it with techniques and methods prevailing at a particular time.

35. Site restoration

(1) The Authority shall, after confirming that the area where a regulated facility is located has been restored to its original and natural state by a licensee, issue the licensee with a certificate of compliance.

(2) In this regulation, “restore” means to—

(a) return the area where a regulated facility is located to its original and natural state as it was prior to the installation of such regulated facility; or

(b) render the area where a regulated facility is located or part thereof, compatible with its intended after-use, including—

(i) removing buildings, structures, plants and debris,

(ii) establishing compatible contours and drainage,

(iii) replacing top soil,

(iv) re-vegetation,

(v) slope stabilisation,

(vi) infilling of excavations, or

(vii) complying with requirements of applicable environmental laws.

(3) The Authority shall before issuing a certificate of compliance under subregulation (1), consult the Department or any other relevant authority.

36. Transportation of petroleum products

(1) A person licensed to transport petroleum products shall comply with applicable codes and standards on safety, hazardous substances, security, health and environment and shall in that regard—

(a) ensure that a transport vessel follows the assigned delivery route;

(b) display his or her licence or a certified true copy on a conspicuous place on each transport vessel;

(c) retain for not less than six months and make available to the Authority on demand, records of its transportation service;

(d) procure and maintain in force, a valid insurance cover in respect of all liabilities that may arise from the conduct of its transportation service;

(e) not keep or cause not to be kept, fireworks or any other instrument or product other than petroleum products near a transport vessel that might pose a risk of fire;

(f) keep and conserve the following documentation that identifies and confirms its right to conduct transportation service in a document box—

(i) invoices,

(ii) delivery note, for local delivery, and

(iii) for transit goods, a delivery note and other documentations certifying that the goods transported are for transit; and

(g) monitor, record and reconcile all stocks of petroleum products delivered to, stored in or dispensed from its transport vessel.

(2) A person licensed to transport petroleum products shall ensure that each transport vessel is inspected and vetted by the Authority before it commences transportation services.

(3) A person licensed to transport petroleum products shall not employ a driver to transport petroleum products unless the driver has—

(a) a valid driver’s licence; and

(b) undergone a special training and has received a permit to transport petroleum products from an institution approved by the Authority.

(4) A person licensed to transport petroleum products shall, in relation to technical and safety requirements—

(a) conduct its transportation service in compliance with the technical requirements established by the applicable law;

(b) take such precautions and exercise reasonable care when loading, handling, off-loading, delivering, using or disposing of petroleum products to avoid—

(i) endangering the safety or health of any person,

(ii) placing any property at risk, or

(iii) creating immediate risk of significant environment harm;

(c) conduct periodic technical inspections and tests on the transport vessel pursuant to applicable technical safety and environmental standards and applicable law;

(d) ensure the safe disposal of a petroleum products;

(e) mark or engrave its transport vessel with safety warning signs in accordance with good petroleum industry practice;

(f) maintain and on demand, make available to the Authority documentary evidence that all electrical equipment and installations relevant to the conduct of its transportation service comply with the relevant standards, codes and applicable law;

(g) not load any inflammable or potentially inflammable materials in a transport vessel apart from petroleum products;

(h) ensure that his or her transport vessel compartments, meters and related equipments are—

(i) calibrated by the Botswana Bureau of Standards for correct measurements, and

(ii) in good working order in accordance with good petroleum industry practice; and

(i) not tamper with the composition of a petroleum product in a way that compromises its quality specified in the applicable standards.

(5) Any person who contravenes this regulation commits an offence.

37. Maintenance of internal monitoring system

(1) A person licensed to transport petroleum products shall install and maintain an internal monitoring system to track the movement of his or her transport vessel.

(2) An internal monitoring system referred to in subregulation (1), shall store information related to a movement of the transport vessel in a permanent, re-playable and printable form.

(3) A person licensed to transport petroleum products shall—

(a) maintain and make available for inspection records of not less than one year related to the movement of his or her transport vessel; and

(b) not tamper, alter or in any way deal with the internal monitoring system in such a way to make it dysfunctional or work inappropriately.

PART VI
Petroleum Sampling

38. Sampling process

(1) The Authority shall—

(a) conduct a sampling and testing procedure of petroleum products in accordance with the Act, these Regulations and applicable laws; and

(b) upon receipt of—

(i) any complaint, a tip-off or on its own motion, or

(ii) a request, in writing, at any given time by a licensee and on payment of a fee set out under Schedule 3, take samples and test any petroleum product from any regulated facility or a transport vessel.

(2) A licensee shall ensure that a supervisor is present during the sampling process.

39. Preliminaries to sampling

(1) An inspector shall upon arrival at a regulated facility or a transport vessel and having identified himself or herself—

(a) take samples of a petroleum product from a regulated facility or a transport vessel; and

(b) complete the sample collection form in Form A set out in Schedule 6.

(2) The samples of a petroleum product and the sample collection form under subregulation (1), shall be delivered to a supervisor, a driver of a transport vessel or in their absence to any employee working at regulated facility or a transport vessel.

40. Collecting samples

(1) An inspector shall in each sampling process, take three samples of any type of petroleum product from a regulated facility or transport vessel.

(2) A sample of a petroleum product referred in subregulation (1), may be taken from—

(a) an above ground storage tank, either at the top, middle or bottom;

(b) each compartment in a transport vessel; or

(c) an underground storage tank either at the top, middle or bottom or, in the case of a retail service station, directly from the dispensing pump nozzle.

(3) A sample of a petroleum product for testing shall be taken by an inspector using a container that meets approved specifications.

(4) The Authority shall ensure that each sample taken is—

(a) properly labelled;

(b) witnessed by a supervisor, driver of a transport vessel or in their absence any other employee working at a regulated facility or in a transport vessel and an inspector; and

41. Sample collection form to be signed

(1) An inspector shall complete the sample collection form as appropriate and such sample collection form shall be counter-signed by a supervisor, driver of a transport vessel or in their absence, an employee working at a regulated facility or in a transport vessel.

(2) An inspector shall, in the event that a supervisor, driver of a transport vessel, or in their absence, an employee working at a regulated facility or in a transport vessel refuses or fails to counter-sign the sample collection form, note that, such supervisor, driver of a transport vessel or employee has failed or refused to sign the sample collection form.

(3) An inspector shall, in respect of the samples referred to in regulation 40—

(a) deliver one sample to one of the selected laboratory for testing;

(b) deliver one sample to a supervisor, driver of a transport vessel or in their absence, any employee working at a regulated facility or in a transport vessel to be conserved for possible re-testing; and

(4) The Authority shall properly document the chain of custody of the samples specified in subregulation (3).

(5) Any person who refuses or fails to sign the sample collection form commits an offence.

42. Supervisor or driver of a transport vessel to witness and facilitate the sampling exercise

(1) A supervisor, a driver of a transport vessel or in their absence, any employee working at a regulated facility or in a transport vessel as the case maybe, shall, during the sampling process—

(a) be entitled to witness the entirety of the sampling process; and

(b) facilitate the sampling process in any way that an inspector may require.

(2) The Authority and a licensee shall not keep petroleum products for more than two months after the date of collection.

PART VII
Testing Procedures

43, Selection of qualified laboratories

(1) The Authority shall maintain a list of laboratories qualified to analyse petroleum products samples in accordance with the approved specifications.

(2) The Authority shall select laboratories under subregulation (1), on the basis of the following criteria—

(a) the ability of the laboratory to conduct specific tests pursuant to the approved specifications;

(b) where the laboratory is equipped with up-to-date and calibrated instruments and supplies consistent with the scope and volume of tests to be conducted;

(d) the laboratory’s participation in a voluntary accreditation programme and its current certification status; and

(e) the ability of the laboratory to deliver timely test results.

(3) The costs of sampling and testing a petroleum product set out under Schedule 3 shall be borne by the Authority, except where a licensee requests sampling and testing on his or her own account.

(4) The Authority shall, not more than seven days after receiving the results from a laboratory, notify a licensee, in writing, of the results and it shall thereafter—

(a) take no further action where test results indicate that a sample conforms to approved specifications;

(b) in the event the sample is found with a non-conforming petroleum product, order the person found with such non-conforming petroleum product to—

(i) dispose of or blend the non-conforming petroleum product in accordance with applicable standards and laws, or

(ii) compensate any person who has lodged and proved a complaint for any damage caused by such non-conforming petroleum product.

(5) A licensee who has been found with a non-conforming petroleum product and is aggrieved by the said result, may request, in writing, for a re-test.

44. Re-testing process

(1) The Authority may in the event that any person disputes the results under regulation 43(5), conduct a re-test of the samples in accordance with these Regulations.

(2) The costs of re-testing a petroleum product set out under Schedule 3, shall be borne by the person disputing the results.

(3) Notwithstanding subregulation (1), the test of the samples shall be done where—

(a) the Authority has received a request, in writing, for a re-test within five days from the date of receipt of results;

(b) the seals of the sample to be tested remain intact and the samples are not tampered with; and

(4) The Authority shall, in the event it decides to re-test a sample, recover the sample conserved by a licensee in terms of regulation 41(3)(b) and the sample conserved by the Authority in terms of regulation 41(3)(c) to be re-tested in two separate laboratories selected by the Authority pursuant to regulation 43(1):

Provided that a re-test shall not be conducted by a laboratory that was involved in the first testing process.

45. Right to witness re-test

(1) A licensee, the complainant or his or her representative shall have the right to witness a re-test.

(2) In the event that a licensee, the complainant or his or her representative refuses or fails to appear for the re-testing under sub-regulation (1), such licensee, complainant or his or her representative shall be deemed to have—

(a) waived his or her right to witness the re-test; and

(b) authorised the Authority to proceed with re-testing in their absence.

(3) The Authority shall, after receipt of the results of re-testing—

(a) make a final determination on the test results from the two laboratories taking into account the results of the first test; and

(b) notify a licensee or any other person disputing the results of such determination.

(4) The results of the re-testing process shall be final.

PART VIII
Procedures on Inspection of Regulated Facility or Transport Vessel

46. Procedure for inspection of regulated facility or transport vessel

(1) An inspector may, at any time, inspect a regulated facility, transport vessel or any document related to the conduct of a regulated activity to ensure compliance with the provisions of the Act, the relevant regulated sector legislation or these Regulations.

(2) Notwithstanding subregulation (1) or any other provision under these Regulations, a licensee may at any given time request, in writing for a voluntary inspection of a regulated facility.

(3) The request for an inspection under subregulation (2), shall be accompanied by a fee set out under Schedule 3.

(4) A licensee shall render all necessary assistance to facilitate any inspection of its regulated facility or transport vessel pursuant to subregulation (1).

(5) An inspector may, during the course of inspection—

(a) take a sample of any substance relating to loading, handling, offloading or delivery of a petroleum product; or

(b) make a copy or take an extract from any book, database, account or record kept at the regulated facility, in a transport vessel or any other place.

(6) An inspector may, during the course of an inspection, break any seal for the purpose of taking a sample, and such inspector shall thereafter affix the Authority’s seal.

(7) A person shall not offload any petroleum product from a regulated facility or a transport vessel which is affixed with the Authority’s seal, without prior authorisation from the Authority.

47. Obligations of inspector during inspection

(1) An inspector shall, during the course of inspection—

(a) identify himself or herself to a licensee or a customer with an identity card issued by the Authority;

(b) explain to a licensee or the customer the purpose of the inspection;

(d) not engage in any form of discrimination, bias or harassment;

(e) refrain from taking part in any duty where he or she may have conflict of interest;

(f) carry out an inspection in a professional manner in accordance with the requirements of these Regulations, codes, guidelines, inspection checklist, standards and applicable laws; and

(g) not use force or abusive, threatening and insulting language to a licensee.

(2) Any person who is aggrieved by an act of an inspector during inspection may, within 14 days, from the date of the act, report the matter, in writing to the Authority.

48. Prohibited acts against inspectors

(1) A licensee shall not—

(a) hinder or obstruct an inspector in the exercise of any of the powers conferred upon him or her under these Regulations;

(b) use abusive, threatening or insulting language to an inspector;

(d) when required by the inspector to answer a question, deny, or fail to answer such question to the best of his or her knowledge, information and belief.

(2) Any person who contravenes subregulation (1) commits an offence.

PART IX
Penalties for Non-Conforming Products

49. Penalties for non-conforming products

(1) A licensee found with a non-conforming petroleum product commits an offence.

(2) Without prejudice to the penalty provided under regulation 55, the Authority may, in the event of a non-conforming petroleum product, order the licensee found with such product to—

(a) dispose of the non-conforming petroleum product in accordance with applicable standards and any environmental laws; or

(b) compensate any person who has lodged and proved a complaint for any damage caused by such non-conforming petroleum product.

(3) Notwithstanding the provisions of subregulations (1) and (2), the Authority may revoke or suspend licence of any habitual offender.

(4) In this regulation “habitual offender” means a licensee who has been issued with a notification of an offence more than two times within a period of the licence.

50. Reference to Revenue Service or relevant authority

Notwithstanding the provisions of these Regulations and any other penalties provided under the Act, the Authority shall refer to—

(a) the Revenue Service; or

(b) any other relevant authority, any person found with a non-conforming petroleum product where it is believed that there were attempts by such person to defraud the Government of its revenue.

PART X
Petroleum Products Pricing

51. Price reviews

The Authority shall review and adjust petroleum products prices from time to time in accordance with the established pricing methodology.

52. Retail pump price

(1) The Authority shall determine the appropriate retail pump price in accordance with the set pricing formula.

(2) A person shall not sell by retail, either in person or through an agent or employee—

(a) at any place specified in the first column of Schedule 7, the petroleum products specified at the head of the second, third, fourth or fifth column of the Schedule, at a price exceeding the amount per litre specified in relation to that place in that column, which amount shall include—

(i) in respect of petrol, levies of—

(aa) 73.35 thebe per litre payable in respect of the National Petroleum Fund,

(bb) 9.5 thebe per litre payable in respect of the Motor Vehicle Accident Fund,

(cc) 115 thebe per litre payable in respect of the Road Levy Collections Fund,

(dd) 112 thebe per litre payable in respect of the Fuel Levy Fund, and

(ee) 17.5 thebe per litre payable in respect of the security of supply margin, and

(ii) in respect of diesel, levies—

(aa) 73.35 thebe per litre payable in respect of the National Petroleum Fund,

(bb) 9.5 thebe per litre payable in respect of the Motor Vehicle Accident Fund,

(cc) 115 thebe per litre payable in respect of the Road Levy Collections Fund,

(dd) 107 thebe per litre payable in respect of the Fuel Levy Fund, and

(ee) 17.5 thebe per litre payable in respect of the security of supply margin; and

(b) at any place specified in the first column of Schedule 7, illuminating paraffin at a price not proportionate to that specified in relation to that place in the fifth column of the Schedule.

(3) The petroleum product pump price per litre at an unspecified location shall not exceed the price at which the product was delivered to the dealer by more than the retail margin.

(4) In this regulation, “levy” means levy payable on petroleum products.

(5) Any person who contravenes this regulation commits an offence.

PART XI
Compliance and Enforcement

53. Notification of offence

(1) Where at the conclusion of an inspection under regulation 46, an inspector determines that any provision of the Act, relevant regulated sector legislation and these Regulations has been violated, he or she shall notify the person responsible for such violation.

(2) A person who has been notified of an offence under subregulation (1) may—

(a) where he or she disputes the offence, complete Part A of the notification of the offence form set out in Schedule 8; or

(b) where he or she admits the offence, complete Part B of the notification of the offence form set out in Schedule 8.

(3) Where a person who has been found in violation of the law, has—

(a) admitted to the offence under subregulation 1(b), such person shall, within 14 days, from the date of the said admission, be required to pay an administrative fine as may be determined by the Authority; or

(b) disputed the offence under subregulation 1(a), such person shall within seven days from the date of commission of the offence be issued with a compliance order.

(4) Any person who refuses to sign the notification of offence form after being required to do so by an inspector, commits an offence.

54. Issuance of compliance orders

The Authority may, while discharging its regulatory function and where it finds that there is continued violation of the provisions of the Act, the relevant regulated sector legislation and these Regulations, issue a compliance order to the person responsible for such violation.

55. Offences and penalties

(1) Any person who contravenes any provision of these Regulations for which no penalty is not provided, commits an offence and is liable to a fine not exceeding P5,000 or to imprisonment for a term not exceeding five years or to both.

(2) Notwithstanding the penalty imposed under subregulation (1), any person who contravenes the provisions of these Regulations may have his or her licence revoked in addition to the penalty in subregulation (1).

56. Savings and transitional provisions

(1) Any licence or authorisation to import petroleum products issued to a regulated entity, except a regulated entity that is a majority citizen owned company, prior to the commencement of these Regulations shall remain valid until 31st March, 2024.

(2) A regulated entity that is a majority citizen owned company granted a licence to import petroleum products by the Authority before the commencement of these Regulations, shall apply to the Authority within six months from the date of commencement of these Regulations for an import licence.

(3) A regulated entity that is a majority citizen owned company that has not made an application for a licence to import petroleum products within the transitional period in subregulation (2) shall be deemed to be unlicensed for the purposes of these Regulations.

(4) Subregulation (2), shall not apply to a public body.

SCHEDULE 1