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

Chapter III : Gas Licences and Registration

15. Activities requiring licence

 

(1) No person may without a licence issued by the Gas Regulator
(a) construct gas transmission, storage, distribution, liquefaction and re-gasification facilities or convert infrastructure into such facilities;
(b) operate gas transmission, storage, distribution, liquefaction or re-gasification facilities; or
(c) trade in gas.

 

(2) Notwithstanding subsection (1), a person engaged in an activity referred to in Schedule 1 is not required to apply for or to hold a licence to engage in such activity, but a person engaged ina n activity referred to in items 1 and 2 of that Schedule must register the operation as contemplated in section 28.

 

(3) The Gas Regulator may—
(a) determine whether any person is engaged in any of the activities requiring a licence as contemplated subsection (1);
(b) direct any person engaged in any of the activities requiring a licence in terms of subsection (1) who is not in possession of the necessary licence to cease such activity.

 

(4)
(a) Nothing in this Act precludes any person from discussing the contemplated construction of, or conversion of infrastructure into, gas facilities, the operation thereof or the envisaged trading in gas with the Gas Regulator prior to filing a licence application.
(b) The Gas Regulator must, subject to section 29(4), furnish a person contemplated in paragraph (a) with such information as may facilitate the filing of an application.