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

Regulations

Regulations on the Mandatory Provision of Energy Data

4. Classification of data providers

 

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.