petroleum licensing parliamentary portfolio committee briefing 14 march 2007
TRANSCRIPT
Petroleum Licensing
Parliamentary Portfolio Committee Briefing
14 March 2007
DME Team
• Victor Sibiya• Magdeline Rasego• Zibele Sokabo
Licensing
Definitions
• “ ‘bulk’ means a 1500 litres, per transaction, of petroleum product”
• “ ‘retail’ means the sale of petroleum products to an end-consumer at a site”
• “ ‘wholesale’ means the purchase and sale in bulk of petroleum products– by a licensed wholesaler to or from another licensed
wholesaler, or to or from a licensed manufacturer, or sale to a licensed retailer or to an end-consumer for own consumption”
• “ ‘manufacture’ means the manufacture of petroleum products for commercial purposes, and includes the blending and re-refining of petroleum products”
Challenges
• Wholesaling small quantities of less than 1500 litres per transaction
• Distribution and Storage facilities used for retailing• Joint ownership of manufacturing facility
Section 2A Prohibition Of Certain Activities
• 2A. ( 1 ) A person may not-(a) manufacture petroleum products without a
manufacturing licence;(b) wholesale prescribed petroleum products
without an applicable licence;(c) hold or develop a site without there being a
site licence for that site;(d) retail prescribed petroleum products without an applicable retail wholesale licence;
issued by the Controller of Petroleum Products
Challenges
• Development of site without site licences• Concluding sale agreement without an appropriate
licence• Retailing prescribed petroleum products without
an applicable retail licence;
Objectives of licensing
• Give effect to the Charter;• Promote an efficient manufacturing, wholesaling
and retailing petroleum industry;• Facilitate an environment conducive to efficient
and commercially justifiable investment;• Create employment opportunities and the
development of small businesses in the petroleum sector;
• Ensure countrywide availability of petroleum products at competitive prices;
• Promote access to affordable petroleum products by low-income consumers for household use;
Challenges
• Evaluation of licences based on the objectives of the Act
• Promoting an efficient industry (Controller’s discretion)
The “System” Basis
• Predictable Margin –(RPI – X) basis
• Predictable cost structure
–Linked to indices
• Based on Cashflows
Licensing System
• Retail licence satisfies a number of conditions
–Viable business–Compliance to all
relevant laws
Prudent Investment Level
• Prudent value of business
–determines prudent investment levels
–Determines the appropriate type of infrastructure
Prudent Value
• Use NPV methodology
–Gives a realistic value of the business
–Determines appropriate “key moneys”
Retail licensing ‘system’
What NPV means
• Future cash flow discounted to the present value
Challenges
• Lack of understanding of the NPV
• Assumption used in calculating NPV
• Forecourt vs Convenience store
Who should apply?
• Section 2A(4) :-a) Manufacturing licence be owner of
property concerned or written permission of the owner
b) Site licence be the owner of property or written permission if a public owned land
c) Retail and Wholesale be owner of the business entity concern
Challenges
• Joint ownership of manufacturing facilities e.g. Sapref (BP & Shell); Natref (Sasol & Total)
Applicant lodge an application
Process of applying for a license
Application accepted?
Evaluation stage
DecisionAccept Decision
License issued
Appeal
Return application
LicenseDecline
NO
YES
Licensing under the PPA
90 days
(250 days )
By PostWalk in
• September crisis – last minute rush
• Annual information
Licensing under the PPA
Challenges
Conditions of licensing
• Manufacturing– activity must remain a going concern– manufacturer may only manufacture
petroleum products• within the maximum design capacity stated on its
licence
– maintain minimum working stock levels in compliance with applicable regulations
– comply with Charter– comply with the provisions of the fuel
specifications
Timelines
• Act operationalised – 17th March 2006
• End of transitional period -15th September 2006
• Evaluation period – 1st six months – 250 days – 2nd six months and after - 90 days
Licensing under the PPA
Section 2D - Transitional licensing provisions
• The Petroleum Products Amendment Act, 2003 – commenced on the 17 March 2006
• Any persons who qualify according to Section 2D must apply within six months from 17 March 2006 to be deemed a holder of a licence
Licensing under the PPA
Challenges
• Late applications
• Wrong documents attached
• Section 2D(4)(a) – e.g. Tax compliance
Licensing under the PPA
Section 2D
(2) Any person who, at the time of commencement of the Petroleum Products Amendment Act, 2003
(a) holds and is in the process of developing a site; or
(b) manufactures or wholesales petroleum products, or retails prescribed petroleum products;
Shall, subject to subsection (3), be deemed to be the holder of a licence for that activity.
(4)(a) An applicant contemplated in subsection (3) shall, on application, be entitled to be issued with a licence for the operation of the activity concerned if the applicant is in compliance with all national, provincial and local government legal requirements, that are in force immediately prior to the commencement of this Act for the operation of the activity concerned.
(b) Such applicant shall be subject to the general conditions of a licence set out in this Act, but not to any financial security requirement prescribed by regulation.
Licensing under the PPA
License Type Conversion New Evaluated Issued
Site 5587 194 500 70
Retail 5576 244 500 70
Wholesale 415 128 13 3
Manufacturing 27 2 1 0
Number of License applications accepted, evaluated & issued
Current focus is evaluation and issuing
Total number of applications received 12 173
Licensing under the PPA
Monthly targets for issuing License applications
Licence Type January February March April May
Site
5781
250 400 425 600 600
Retail
5820
250 400 425 600 600
Wholesale
543
0 25 45 100 150
Manufacturing
29
0 5 5 5 14
Challenges
• Compromise of BBBEE and SMME policies through fronting e.g. Cipro information differ from info contained in the Memorandum of understanding & Articles of association
• Lack of legal and law enforcement support in concluding prosecutions of transgressions successfully
• Applicants applying after due date• Temporary Licence applicants• Additional information
Challenges
• Applicants not providing correct information; e.g Telephone numbers; postal address
• Language barriers
• Use of agencies and oil companies by applicants
• Applicants using different business names
Challenges
• Traditional oil companies not paying the required licence fee
• Applicants threatening us
• PPAA not taken seriously by some industry players
• Resellers & “small” farmers
Way Forward
• Give applicants due date to provide information
• Give applicants due date to pay and collect licensing e.g traditional oil Co
• Set time line to use of application reference numbers
• Task 141 (Regulatory accounts & review price methodology)
• Prioritise new applications
Annual Submissions and Licence Renewal
• A licensed retailer, wholesaler and manufacturer must submit to the Controller, not later than the end of February of each year, information determined in the regulations.
• Pay the annual licence fee determined in the regulations before the anniversary date of the licence issued.
Challenges
• Non compliance to the regulation• Enforcement of penalties• Annual licence fee vs Annual information• Last minute rush
Future regulations
• Conditions relating to the advancement of HDSAs
• Obligation to hold, keep, furnish records and frequency
• Continuity of supply of petroleum products
• Specifications and standards of petroleum products
Fines
• As a last resort• 12. (1) Any person who contravenes a
provision of this Act, shall be guilty of an offence and be liable on conviction to a fine not exceeding R1 000 000,00, or to imprisonment for a period not exceeding 10 years, or to both such fine and such imprisonment: Provided that if a directive issued in terms of section 2A(2)(c) or (3) is complied with within the period specified therein, the person concerned shall be absolved from criminal liability.
Additional benefits of licensing
• Data provision & publication
• Improved security of supply
• Planning
• Secrecy avoidance
• Tourist information/Navigation (GPS)
• Authorise the Minister of Minerals and Energy to make specific regulations