Disaster Management Act, 2002 (Act No. 57 of 2002)RegulationsSevere Electricity Supply ConstraintRegulations issued in terms of Section 27(2) of the Act - Severe Electricity Supply Constraint5. Authority to issue directions |
| (1) | The relevant Cabinet member may issue directions, as required, within his or her mandate, in consultation with the Cabinet member responsible for cooperative governance and traditional affairs and any other relevant Cabinet member, for the purposes of giving effect to the objects set out above and the following— |
| (a) | disseminating information required for dealing with the national state of disaster; |
| (b) | granting of exemptions from load-shedding or reduced load shedding schedules to specified essential infrastructure and services where technically feasible, in alignment with the requirements and obligations of the System Operator and only to the extent that such exemptions or reductions would not result in an increased risk of higher stages of load shedding; |
| (c) | maintaining security and availability of the supply of goods and services during the national state of disaster; |
| (d) | implementing measures to remove impediments to the development or construction of new generation capacity; |
| (e) | streamlining and expediting application and decision-making procedures for regulatory processes related to energy generation projects, including designating a single department or institution to receive and coordinate the processing of applications or stipulating maximum timeframes for decision-making; |
| (f) | providing exemptions or expedited approvals under the Subdivision of Agricultural Land Act, 1970 (Act No.70 of 1970) and Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013) to authorise land use for energy generation; |
| (g) | requiring mobile network operators and broadcasters to issue public service announcements on the national state of disaster, at no cost to users; |
| (h) | streamlining the application and decision-making processes for environmental authorisations, waste management licences, atmospheric emission licences, condonations and exemptions associated with energy infrastructure and generation, transmission and distribution facilities, for the duration of the national state of disaster; |
| (i) | excluding upgrades, refurbishments, adjustments and repairs of existing energy infrastructure and existing generation, transmission and distribution facilities, from the provisions of the National Environmental Management Act, or any specific environmental management Act, or any regulations published in terms thereof, for the duration of the national state of disaster; |
| (j) | facilitating the sale of electricity generated by individuals, organs of state or private institutions to license distributors as defined in the Electricity Regulation Act 2006 (Act No. 4 of 2006); |
| (k) | issuing of rules or guidelines for licensed distributors to implement net billing and other mechanisms to facilitate small-scale embedded generation as well as wheeling of electricity; |
| (I) | facilitating the importation of electricity by Eskom from neighbouring countries and the conclusion of contracts relating to electricity imports, on an expedited and negotiated basis in accordance with the emergency procurement procedures outlined in regulation 6; |
| (m) | providing for the recruitment or placement of skilled personnel or appointment of Original Equipment Manufacturers by Eskom as required to deliver the Generation Recovery Plan on an expedited basis; |
| (n) | facilitating access to servitudes on public and private land for Eskom and Eskom group companies for the purposes of expanding the national transmission network, in terms of the Expropriation Act, 1975 (Act No. 63 of 1975); |
| (p) | requiring water boards and municipalities to revise the minimum operational levels for reservoirs; increase water treatment and reservoir storage capacity; revise water treatment schedules to maximize water treatment while electricity is available or other measures; or take other measures to ensure security of water supply; |
| (q) | exempting water boards or municipalities that are water service authorities from penalties for exceeding the notified maximum demand during periods of load shedding; |
| (r) | enabling effective co-ordination between state departments, Eskom and other relevant entities and institutions to ensure security of electricity infrastructure; |
| (s) | taking any other steps that may be necessary to prevent an escalation of the national state of disaster, or to alleviate, contain and minimise the effects of the national state of disaster; or |
| (t) | taking steps to facilitate international assistance aimed at alleviating, containing or minimising the national state of disaster. |
| (2) | All directions issued in terms of these Regulations shall continue to apply for the duration of the national state of disaster unless, varied, amended or withdrawn by the Cabinet member responsible for such directions. |
| (3) | An activity which is permitted by an authorisation or exemption granted in terms of regulations or directions issued during the national state of disaster remains lawful notwithstanding the termination of the national state of disaster. |