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

Chapter 6 : General Provisions

19. Regulations

 

1) The Minister may, after consultation with those Cabinet Ministers whose areas of responsibility will be affected by the proposed regulations, without derogating from his or her general regulatory powers, by notice in the Gazette make regulations regarding-
a) the publication of energy statistics or information;
b) the type, manner and form of energy data and information that must be provided by any person;
c) the form and manner of the link between the energy database and information system to any other system within the public administration;
d) minimum contributions to national energy supply from renewable energy sources;
e) the nature of the sources that may be used for renewable energy contributions to the national energy supply;
f) measures and incentives designed to promote the production, consumption, investment, research and development of renewable energy;
g) minimum levels of energy efficiency in each sector of the economy;
h) steps and procedures necessary for the application of energy efficiency technologies and procedures;
i) labelling for energy efficiency purposes of household appliances, devices and motor vehicles;
j) prohibition of the manufacture, or importation or sale of electrical and electronic products and fuel burning appliances for reasons of poor energy efficiency;
k) standards and specifications for energy carriers;
l) energy efficiency standards for specific technologies, processes, appliances, devices, motor vehicles and buildings;
m) holding of strategic energy feedstocks and carriers, including financing mechanisms for such stocks;
n) energy conservation measures to be used during energy shortage, which may include but not limited to the amount of energy to be saved, the duration for such measures and penalties associated with non-compliance to such measures;
o) measures to ensure adequate provision of energy-related infrastructure;
p) measures to ensure operating reliability of all key energy infrastructure, to the minimum standards as may be determined by the Minister;
q) measures to promote security of supply through access to common infrastructure by any party, where not provided for under any other legislation;
r) the prohibition of disposal methods of certain fuels or post-combustion residues;
s) the safe, healthy and sustainable use of energy, standards and specifications, not elsewhere legislated or regulated, for-
i) the composition, colouring, labelling and form of energy carriers;
ii) low-smoke fuels;
iii) the prohibition of the sale or combustion of polluting fuels;
iv) cooking, heating, lighting and other energy consuming household appliances;
v) transport of energy carriers;
vi) the storage and packaging of energy carriers; and
vii) any other energy-consuming appliance in all sectors of the economy.
t) any other matter that may or has to be prescribed, determined or provided for by regulation in terms of this Act.

 

2) Before promulgating regulations, the Minister must-
a) invite public comments on such regulations; and
b) duly consider such comments.