S.L. 545.25 Art. 12Conditionsrelating to the granting and renewal of authorisations.

(1) The Regulator shall adopt fair, objective and transparent conditions relating to the granting of an authorisation in terms of the principles of natural justice.

(2) In taking a decision in respect of the grant, issue, amendment or renewal or any other matter pertaining to an authorisation issued under these regulations, the Regulator may take account of the following:

(a) compliance by the applicant with all other relevant permits and authorisations, however so described, issued by any other public authority;

(b) the capability of the applicant to ensure safety conditions, in the context of the authorisation being applied for;

(c) the private and professional integrity of the applicant;

(d) protection of the environment;

(e) record of compliance with these regulations and any other relevant laws by the person with regard to whom the decision shall be made;

(f) the facility convenience with regard to security, health, safety, hazardous substances, environment, land use and planning requirements;

(g) the need for facilities and services which shall be provided for consumers in the facility in question and to the extent of which the interests of consumers may be safeguarded;

(h) the possibility of a monopolistic or an oligopolistic condition in the bunkering market, detrimental to the public interest being created or aggravated, and the extent to which fair and reasonable competition in the retail of petroleum could be affected; and

(i) compliance by the applicant with the requirements contained in the Authorisations (Suspension, Refusal and Revocation) Regulations.