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Electricity Regulation Act, 2006 (Act No. 4 of 2006)


Electricity Regulations on New Generation Capacity, 2011

6. Ministerial determinations


(1) The Minister may, in consultation with the Regulator, make a determination in terms of section 34 of the Act.


(2) A determination under section 34(1) shall include a determination as to whether the new generation capacity shall be established by Eskom, another organ of state or an IPP.


(3) If the determination referred to in subregulation (2) requires that the new generation capacity be established by an IPP, the Minister shall also determine the identity of the buyer or, where applicable, the procurer and the buyer.


(4) The determination referred to in subregulation (2) may require or contemplate that new generation capacity be established through a cross border project, provided that the Minister is satisfied that adequate agreements, memoranda of understanding or arrangements are in place or will be in place between the Government and the relevant foreign government or international organisation, as are necessary to enable such cross border project.


(5) A determination contemplated in this Regulation is binding on the buyer and the procurer.