23
'Liquor Act, 1989' means the Liquor Act, 1989 (Act 27 of 1989);
'Liquor Products Act, 1989' means the Liquor Products Act, 1989 (Act 60 of
1989).
2
Transition from repealed laws to provincial legislation
(1) Despite section 46, in respect of each province, a provision of a law mentioned
in Schedule 2 that concerns the micro-manufacture, retail sale or consumption of liquor
or methylated spirits remains in force within that province until a date determined in
accordance with subitems (2) and (3) and declared by notice in the Gazette.
(2) The Premier of a province, or the Member of the Executive Council
responsible for liquor in the province, may notify the Minister that the government of that
province wishes to consult with the Minister on the determination of a date contemplated
in subitem (1), at any time after the legislature of that province has enacted legislation
that(a) is consistent with the objects and purposes of this Act;
(b) provides for regulation of the micro- manufacture, retail sale and
consumption of liquor, and methylated spirits within that province;
(c) requires every person engaging in the micro- manufacture or retail sale of
liquor or methylated spirits within that province to be registered, or to
have a licence or permit, to perform any of those activities;
(d) with respect to the registration or licensing of activities contemplated in
paragraph (c)(i)
provides for a reasonable procedure, having regard to the competing
demands of simplicity, transparency and cost-effectiveness, for the
application, evaluation and granting of registration, licences or
permits required by that legislation; and
(ii)
provides for the maintenance of a registry of any persons, firms and
premises required to be registered or licensed in terms of that
legislation, and the reporting of that information to the Minister;
(e) establishes enforcement mechanisms to ensure proper monitoring and
compliance by any persons registered or licensed in terms of that
provincial legislation; and
(f) provides reasonable transitional protection of the rights of existing
licencees in terms of the laws repealed by section 46, to the extent tha t
those licences involve the micro-manufacture, retail sale or consumption
of liquor or methylated spirits.
(3) After receiving a notice in terms of subitem (2), the Minister must either(a) in consultation with the appropriate Member of the Executive Council,
determine a date contemplated in subitem (1) and declare that date by
notice in the Gazette; or
(b) if the Minister on reasonable grounds believes that the provincial
legislation does not substantially meet the criteria required by subitem (2),
notify the responsible Member of the Executive Council of that province
to that effect, setting out the Minister's reservations with respect to the
provincial legislation.
(4) Until the date contemplated in subitem (1) with respect to any particular
province, a reference in this Act to 'applicable provincial legislation' must be regarded as