S.L. 545.17 Art. 5Transitory provisions in respect of existing operators.

(1) Any person, who prior to the entry into force of these regulations, was engaged in any activity or operation relating to petroleum and is in possession of a valid licence to do so under the

Petroleum Storage Regulations, 1955* may continue to perform such activities as authorised under existing licence conditions for the earlier of a calendar year from the entry into force of these regulations or the grant of a new authorisation:

Provided that any such person shall apply for a new applicable authorisation as listed in regulation 4(1), to the Regulator within two months from the day of the sending of a notice by the Regulator to apply for such an authorisation: Provided further that any such person shall comply with such authorisation conditions as established in the new authorisation that shall be issued by the Regulator with effect from such date that the Regulator shall establish.

(2) Any person who, upon the entry into force of these regulations is operating the business of an importer and wholesaler of petroleum and, or, bottler of LPG and, or operator of a primary storage facility:

(a) may continue to perform the business of an importer and, or wholesaler of petroleum and, or bottler of LPG and, or operator of a primary storage facility: Provided that such person applies for an authorisation under these regulations within one month from the coming into force of these regulations; and

(b) shall comply with such authorisation conditions as established in the new authorisation that may be issued by the Regulator with effect from the date that the Regulator may establish.

(3) In the period between the date when these regulations or parts thereof come into force and the date when the new authorisations come into effect, the authorised provider shall follow all directions and conditions that the Regulator may set:

*Revoked by these regulations. Provided that when such conditions are inconsistent with the authorisation then in force, the new conditions shall prevail.

(4) Any subsisting agreements between existing operators shall be declared null and void, in so far as they are inconsistent with the provisions of these regulations.

(5) The Regulator may require existing operators to upgrade their authorised facility and activities up to approved standards and codes of practice, according to a mutually-agreed time-table concluded with each authorised provider: Provided that if there exists an imminent or severe safety hazard, the authorised provider shall of his own motion remove such hazard, and thereafter notify the Regulator of such removal: Provided further that the Regulator may in its discretion prescribe special transitory authorisation conditions after taking due regard of the existing situation.

(6) A person who possesses a warrant to practice the profession of an engineer, and who has sufficient knowledge, experience and skill as approved by the Regulator may act as a competent person, for the purposes and in terms of these regulations, for a transitory period of a year subsequent to the entry into force of these regulations.

(7) Any fees applicable to the new authorisation shall apply pro from the date of issue till the 31st December, 2007. rata temporis