| (1) | The Regulator may, after consultation with— |
| (b) | municipalities that reticulate electricity; and |
[Section 35 (1)(b) inserted by section 12(a) of Act No. 28 of 2007]
| (c) | such other interested persons as may be necessary, |
make guidelines and publish codes of conduct and practice, or make rules by notice in the Gazette.
| (2) | Without derogating from the general nature of subsection (1), guidelines and codes of conduct and practice may relate to— |
| (c) | performance objectives and the setting, approving and meeting of performance improvement targets; |
| (e) | any other ancillary or administrative matter appropriate for the proper implementation of this Act. |
| (3) | Without derogating from the general nature of subsection (1), rules may relate to— |
| (a) | the keeping of information, the rendering of returns and the period for and format in which information must be kept, as well as the persons or institutions it must be rendered to; |
| (b) | standards of quality of supply and service; |
| (c) | the operation, use and maintenance of transmission and distribution power systems; |
| (e) | technical and safety standards; |
| (f) | the form and manner of applying for licences; |
| (g) | publishing of advertisements by licensees and the contents thereof; |
| (h) | the form and manner of applying for and the fees payable on application for licensing and registration; |
| (i) | the fees to be paid in respect of mediation and the settlement of disputes; |
| (j) | the setting of a framework for the determination of the period of validity of licences, criteria for the transfer and renewal of licences and the transfer or use of assets on a licence lapsing, including the ownership thereof; |
| (k) | any other ancillary or administrative matter for which it is necessary to make rules for the proper implementation of this Act. |
| (4) | The Minister may, by notice in the Gazette, make regulations regarding— |
| (a) | activities that have to be licensed or registered and the classification of licences into categories and sub-categories; |
| (b) | norms and standards relating to quality of supply; |
| (c) | ancillary or administrative matters that are necessary to prescribe for effective reticulation services; |
| (d) | compulsory national norms and standards for reticulation services; |
| (e) | general key performance indicators in respect of technical operational issues pertaining to reticulation; |
| (f) | the criteria, in addition to those provided for in the Municipal Systems Act, against which service mechanisms must be assessed; |
| (g) | matters which may be provided for in the service delivery agreement; |
| (h) | the compulsory or standard provisions that must be included in the service delivery agreement; |
| (i) | the inspection of and enquiry into the control and operation of any licensed, registered or reticulation-related activity; |
| (j) | new generation capacity; |
| (k) | types of energy sources from which electricity must be generated; |
| (l) | the percentages of electricity that must be generated from different energy sources; |
| (m) | the participation of the private sector in new generation activities; |
| (n) | the setting of standards relating to health. safety and the environment and their incorporation into licences or national norms and standards; |
| (o) | the prohibition of certain practices in the electricity supply industry; |
| (p) | the criteria for or prohibition of cross-ownership or vertical and horizontal integration by licensees in generation, transmission and distribution assets; |
| (q) | the conditions subject to which the Regulator may issue a licence; |
| (r) | norms and standards for the setting of reticulation tariffs, in consultation with the Minister of Finance; |
| (s) | any other matter that may or must be prescribed in terms of this Act; and |
| (t) | any other ancillary or administrative matter that it is necessary to prescribe for thc proper implementation or administration of this Act. |
[Section 35(4) substituted by section 12(b) of Act No. 28 of 2007]
| (5) | Before promulgating regulations contemplated in subsection (4), the Minister must— |
| (a) | consult with the Regulator; |
| (b) | invite public comments on the proposed regulations; and |
| (c) | duly consider the comments received. |
[Section 35, previously section 47, renumbered by section 16(c) of Act No. 28 of 2007]
