Electricity Regulation Act, 2006 (Act No. 4 of 2006)

Chapter III : Electricity Licences and Registration

10. Application for licence

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(1)

(a) A person who has to hold a licence in terms of section 7 must apply to the Regulator for such a licence in the form and in accordance with the prescribed procedure.

[Section 10(1)(a) substituted by section 5 of Act No. 28 of 2007]

(b) Such an application must be accompanied by the prescribed application fee.

 

(2) Any application contemplated in subsection (1) must include—
(a)a description of the applicant, including its vertical and horizontal relationships with other persons engaged in the operation of generation, transmission and distribution facilities, the import or export of electricity, trading, market operation, system operation or any other prescribed activity relating thereto;

[Section 10(2)(a) substituted by section 10(a) of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]

(b)such documentary evidence of the administrative, financial and technical abilities of the applicant as may be required by the Regulator;
(c)a description of the proposed generation, transmission or distribution facility to be constructed or operated or the proposed service in relation to electricity to be provided, including maps and diagrams where appropriate;
(d)a general description of the type of customer to be served and the tariff and price policies to be applied;
(e)the plans and the ability of the applicant to comply with applicable labour, health, safety and environmental legislation, subordinate legislation and such other requirements as may be applicable;
(f)a detailed specification of the services that will be rendered under the licence;
(g)evidence of compliance with any integrated resource plan applicable at that point in time or provide reasons for any deviation for the approval of the Minister; and
(h)such other particulars as the Regulator may prescribe by a rule.

[Section 10(2)(h) substituted by section 10(b) of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]

 

(3) The applicant may request the confidential treatment of commercially sensitive information contained in an application for a licence and, subject to the concurrence of the Regulator, such information may be withheld from publicly available copies of the licence application.

[Section 10(3) inserted by section 10(c) of the Electricity Regulation Amendment Act, 2024, Notice No. 5139, GG51100, dated 20 August 2024 - effective 1 January 2025 per Proclamation Notice 236 of 18 December 2024 with exceptions]