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ELECTRICITY REGULATION ACT: GENERATION FACILITY THRESHOLD REMOVED?
- 09 July 2023
- Minerals & Energy
- SA Legal Academy
The 7 July 2023 composite National Government Gazette 48923 includes Notice 3656 on an amendment to Schedule 2 of the Electricity Generation Act, 2006 – apparently removing the ‘threshold for generation facilities’. This is according to a contents list on the second page of National Government Gazette 48923. The notice itself is in isiZulu.
It appears to refer to the removal of an amendment to Schedule 2 made in August 2021, when embedded generating facilities with a capacity of 100 MW or less and meeting certain specified criteria were declared to be exempt from licensing requirements.
The notice in isiZulu tends to point to substantive amendments to the entire section 3 of the August 2021 schedule, which introduced the 100 MW threshold. This is bearing in mind that the exemption notice was first gazetted on 12 August 2021 but later replaced with a similar notice gazetted eight days later.
The latest amendment (in isiZulu) was published in the National Government eGazette on Saturday 8 July 2023 and backdated to the previous day, when it probably came into effect.
Clarity is needed.
Published by SA Legal Academy Policy Watch