Competition Act, 1998 (Act No. 89 of 1998)RegulationsEnergy Users Block Exemption, 20233. Category of agreements or practices exempted |
| (3) | Subject to regulation 4, the Minister hereby exempts the following categories of agreements or practices among Energy Users from the application of sections 4(1)(a), 4(1)(b)(i) - excluding the fixing of the selling prices of goods and services to customers or consumers, 4(1)(b)(ii) and 5(1) of the Act: |
| (a) | Agreements or practices among Energy Users to secure backup or alternative energy supply only through: |
| (i) | Joint procurement of backup or alternative energy supply, including power purchase agreements; or |
| (ii) | Sharing of backup and energy generation capacity, including energy generation equipment. |
| (b) | Agreements or practices among Energy Users to reduce the cost or to promote the efficient use of energy supply only through: |
| (i) | Joint negotiation and purchase of energy and related product and service supply, including power purchase agreements; or |
| (ii) | Joint financing of backup and alternative energy supply; or |
| (iii) | Joint purchasing of shared backup and alternative energy generation capacity. |
| (c) | Agreements or practices among Energy Users to alleviate, contain and minimise the effects of the Electricity Supply Constraint on operations only through: |
| (i) | Energy use, saving and optimisation initiatives to limit operational downtime and reduce energy demand; or |
| (ii) | Joint procurement and the sharing of the provision of security services for purposes of securing shared or adjacent sites, infrastructure, equipment and facilities; or |
| (iii) | Planning, coordination, maintenance and monitoring the performance of energy-related installations. |