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

Chapter IV : Entry, inspection and gathering of information by Gas Regulator

34. Regulations and rules

 

(1) The Minister may, by notice in the Gazette, make regulations regarding—
(a) ensuring fair administrative action by the Gas Regulator;
(b) criteria for distribution;
(c) the qualifying thresholds and other requirements that must be met by a person in order to qualify as an eligible customer and the conditions under which such eligible customer may purchase gas from a supplier or trader;
(d) the rehabilitation of land used in connection with the transmission, storage, distribution, liquefaction or re-gasification of gas or the trading therein, the provision of security for rehabilitation purposes and the composition and  of such security;
(e) the determination of gas specifications;
(f) the procedure to be followed and fees to be paid in mediation and arbitration proceedings;
(g) the procedure to be followed at. and the time within which, expropriation proceedings must be conducted;
(h) the rendering of information to the Gas Regulator;
(i) price regulation procedures and principles;
(j) mechanisms to promote historically disadvantaged South Africans; and
(k) any other matter that may or has to be prescribed, or determined or provided for by regulations in terms of this Act.

 

(2) Before promulgating regulations contemplated in subsection (1), the Minister must—
(a) consult with the Gas Regulator;
(b) invite public comments on such regulations; and
(c) duly consider the comments.

 

(3) The Gas Regulator may make rules regarding—
(a) the procedures to be followed at meetings of the Gas Regulator;
(b) the keeping of records by the Gas Regulator;
(c) the form and manner, and contents of licence applications;
(d) the publishing of licence applications and the contents thereof;
(e) the form and manner in which objections to licence applications must be lodged and the furnishing thereof to the applicant for his or her response thereto;
(f) the procedure to be followed in considering licence applications;
(g) the publishing of information relating to uncommitted capacity by the holders of transmission or storage licences and the publishing of prices for gas supplied to customers other than eligible customers by the holders of distribution licences;
(h) the procedure to be followed in the variation, suspension or removal or the revocation of licence conditions;
(i) the form in which registration must be lodged;
(j) the procedures to be followed in investigations, including the summoning of witnesses and the payment of witness fees;
(k) the inspection of and enquiry into the construction and operation of any gas; and
(l) consultation with interested and affected parties.