Gas Act, 2001 (Act No. 48 of 2001)

Rules

Gas Act Rules, 2021

Chapter 2 : Applications and Objections to Licence Applications

7. Application for a licence

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(1) An application for a licence must be made in writing, in the form specified in Annexure B, and must contain all information specified therein.

 

(2) A licence applicant may request the confidential treatment of information contained in the application, in which case the full licence application must be submitted together with—
(a) the request for confidential treatment of information in the form specified in Annexure A in accordance with Rule 4 of these Rules; and
(b) the intended non-confidential version of the licence application.

 

(3) The Energy Regulator will, within 14 days of receipt of an application, inform an applicant in writing whether or not the application meets the requirements for adequacy specified in these Rules and is therefore accepted by the Energy Regulator.

 

(4) Sub-rule (3) above on adequacy of licence applications should always be read independently of the process followed by the Energy Regulator regarding the requests for confidential treatment of information under Rule 4 of these Rules.

 

(5) An application for a licence, which does not contain all the required information specified in these Rules, will be considered incomplete and therefore not accepted. If an application is incomplete, the Energy Regulator will issue the applicant with a Notice of Incomplete Information (Annexure C) within the same first 14 days of receipt of an application.

 

(6) Based on the Energy Regulator's assessment and evaluation of an application, an applicant may, in accordance with section 18(b) of the Act, be requested by the Energy Regulator to alter its application to comply with applicable health, safety or environmental legislation.

 

(7) Where the provisions of sub-rules (5) or (6) above have been invoked, the official date of an application shall be the date on which the applicant submits to the Energy Regulator all required information specified on the issued Notice of Incomplete Information or an application altered according to the section 18(b) directive, as the case may be.

 

(8) If applicants do not submit all required information specified on the Notice of Incomplete Information and/or do not alter their applications in terms of sub-rule (6) by a stipulated date, their applications will be instantly rejected and removed from the database of applications that still await to be considered in terms of the Gas Act.