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Disaster Management Act, 2002 (Act No. 57 of 2002)

Regulations

Severe Electricity Supply Constraint

Regulations issued in terms of Section 27(2) of the Act - Severe Electricity Supply Constraint

1. Definitions

 

In these Regulations, unless the context otherwise indicates—

 

'Constitution'

means the Constitution of the Republic of South Africa, 1996;

 

'essential infrastructure'

means any installation, structure, facility or system, whether publicly or privately owned, the loss or damage of, or the tampering with, which may interfere with the provision or distribution of a basic service to the public; as defined in the Criminal Matters Amendment Act, 2015 (Act No. 18 of 2015) and specified in a list attached to these regulations;

 

'directions'

means the directions contemplated in section 27(2) of the Act, issued by a Cabinet member relating to his or her line functions, after consultation with the Cabinet member responsible for cooperative governance and traditional affairs and any other relevant cabinet member;

 

'Energy Action Plan'

means a plan compiled by the national government to address the electricity shortfall and reduce the severity and frequency of load shedding through a range of interventions;

 

'electricity'

means a secondary energy source derived from the conversion of primary sources;

 

'Eskom'

means Eskom Holdings Limited, established in terms of the Eskom Conversion Act, 2001 (Act No. 13 of 2001);

 

'Generation Recovery Plan'

means a plan compiled by Eskom which is directed at improving performance at a number of priority power stations while sustaining performance of the rest of Eskom's generation fleet and addressing key focus areas to improve generation performance;

 

'institution'

means any public or private institution, including a sole practitioner and any other business owned and operated by a single person;

 

'load shedding'

means the process of deliberately disconnecting preselected loads from a power system in response to an abnormal condition in order to maintain the integrity of the remainder of the system;

 

'National Environmental Management Act'

means the National Environmental Management Act, 1998 (Act No. of 107 of 1998);

 

'national state of disaster'

means the national state of disaster declared by Government Notice No. R. 3020 of 9 February 2023;

 

'Net billing'

is defined as a mechanism in which the customer receives a credit on the electricity bill for energy produced that is not consumed immediately;

 

'Original Equipment  Manufacturers'

means the original manufacturer of non-aftermarket systems or components that are used by Eskom;

 

'specific environmental management Act'

has the meaning assigned to it in terms of the National Environmental Management Act;

 

'system operation'

means the operation of the national transmission power system in real time, including dispatching, scheduling of transmission and ancillary services, generation outage coordination, transmission congestion management and coordination, and such other activities as may be required for the reliable and efficient operation of the national transmission power system;

 

'System Operator'

means the person who is responsible for the system operation;

 

'the Act'

means the Disaster Management Act, 2002 (Act No.57 of 2002); and

 

'wheeling'

means conveyancing of electricity from the point of generation connection to a point of consumption through a third-party transmission or distribution network.