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Gas Act, 2001 (Act No. 48 of 2001)

Rules

Gas Act Rules, 2021

Chapter 3 : Consultation with Affected and Interested Parties

15. Energy Regulator decisions affecting any person

 

(1) For any administrative action which might materially and adversely affect the rights or legitimate expectations of any person, the Energy Regulator must call for written submission of relevant views, facts and evidence.

 

(2) The call for written representations—
(a) must be published on the Energy Regulator's web site;
(b) may also be published on a public notice board outside the Energy Regulator's offices; and
(c) must comply with all the procedure outlined in section 3 of the Promotion of Administrative Justice Act.

 

(3) If considered appropriate by the Energy Regulator and where persons concerned can be readily identified, notices of the call for written representations may be communicated by the Energy Regulator directly to such persons.

 

(4) For all other decisions of the Energy Regulator which do not constitute an administrative action as defined in the Promotion of Administrative Justice Act but which may affect or are of interest to other persons, the Energy Regulator must allow such interested and affected persons an opportunity to submit their views and present relevant facts and evidence.

 

(5) For purposes of sub-rule (4) above, the Energy Regulator must give at least 14 days' notice of the deadline for submission of written representations.

 

(6) Written representations submitted in terms of this Rule 15 must be submitted together with an affidavit signed by the submitter or a mandated representative confirming that the information submitted is true and correct.

 

(7) At the close of each consultation process, all representations received will be considered in taking a decision and compiling reasons therefor.

 

(8) A non-confidential version of any such decision and reasons will be published on the Energy Regulator’s website.