National Energy Act, 2008 (Act No. 34 of 2008)

Regulations

Regulations on the Mandatory Provision of Energy Data

4. Classification of data providers

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1)For purposes of these Regulations, data providers are classified according to the following categories:
a)Category A refers to an entity that holds an exploration right issued in terms of section 80 of the MPRDA, or holds a mining right issued in terms of section 23 of the MPRDA, or holds a mining permit issued in terms of section 27 of the MPRDA, to carry out activities related to—
i)exploration of primary energy commodities; or
ii)mining of primary energy commodities;
b)Category B refers to an entity that holds a production right issued in terms of section 84 of the MPRDA to carry out the—
i)production of primary energy commodities; or
ii)import and export of primary energy commodities;
c)Category C refers to an entity that carries out—
i)electricity generation and holds a licence issued by the National Energy Regulator of South Africa in terms of section 13, read with section 4, of the Electricity Regulation Act, 2006 (Act No.4 of 2006);
ii)petroleum production and holds a licence issued in terms of section 2B of the Petroleum Products Act, 1977 (Act No. 20 of 1977); or
iii)gas liquefaction or regasification and holds a licence issued in terms of section 19, read with section 4, of the Gas Act, 2001 (Act No. 48 of 2001);
d)Category D refers to an entity that is responsible for the transportation, transmission or distribution of any form of energy in accordance with a licence issued by the National Energy Regulator of South Africa in terms of—
i)section 13, read with section 4, of the Electricity Regulation Act, 2006;
ii)section 19, read with section 4, of the Petroleum Pipelines Act, 2003 (Act No. 60 of 2003); or
iii)section 19, read with section 4, of the Gas Act, 2001;
e)Category E refers to an industry association representing a collective of entities operating within the same industry;
f)Category F refers to an end user of energy, which includes—
i)an entity which carries out economic activities as classified according to the SIC; or
ii)a dwelling unit; and
g)Category G refers to an organ of state, a research institution or an academic institution.

 

2)Notwithstanding the provisions of sub-regulation (1), the Department may identify additional data sources and request data from such sources.