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

Chapter III : Gas Licences and Registration

26. Contravention of licence

 

(1) If a licensee contravenes or fails to comply with a condition of a licence or any provision of this Act, the Gas Regulator may serve a notice on such licensee in which the licensee is directed to comply with the condition or the provision of the Act within a reasonable period specified in the notice.

 

(2) If a licensee fails to comply with a notice contemplated in subsection (1) the Gas Regulator may sit as a tribunal and, with due regard to section 10, decide on the matter and may impose a penalty of a fine not exceeding R2 000 000,00 per day for each day on which the contravention or failure to comply continues.

 

(3) The Gas Regulator must consider the seventy of non-compliance in deciding the amount of any penalty.

 

(4) Any person adversely affected by a decision of the tribunal contemplated in subsection (2) may bring such decision under appeal to the High Court.

 

(5) The Minister may by notice in the Gazette amend the amount referred to in subsection (2) in order to counter the effect of inflation.