Gas Act, 2001 (Act No. 48 of 2001)RegulationsPiped Gas Regulations10. Expropriations procedures |
| (1) | A licensee contemplated in section 32(1) of the Act may request the Gas Regulator, in writing, to expropriate land, or any right in, over or in respect of land on his or her behalf. |
| (2) | A request contemplated in subregulation (1) must contain the following information: |
| (a) | The nature of the request; |
| (b) | the reason for the request; |
| (c) | evidence of attempts to acquire the land or right in, over or in respect of such land by agreement with the owner; |
| (d) | reasons why those attempts to reach agreement with the owner did not succeed; |
| (e) | reasons why such land is reasonably required by the licensee; |
| (f) | reasons why the acquisition of the land is in the public interest and will enhance the Republic's gas infrastructure; |
| (g) | a plan of the project contemplated; and |
| (h) | specification of the proposed land required. |
| (3) | The Gas Regulator must, before considering an expropriation, satisfy itself that a voluntary agreement cannot be reached between the applicant and the owner of the land or right in question. |
| (4) | The Gas Regulator must, in the absence of a voluntary agreement— |
| (a) | hold a hearing to which are invited: |
| (i) | the applicant; |
| (ii) | the owner and, if the land is leased, the leasee of the land; and |
| (iii) | other affected persons whom must be invited by means of a notice contemplated in paragraph (b); |
| (b) | publish a notice setting out the date, time and venue of the hearing at least two weeks in advance in a newspaper circulated in the area in which the expropriation is sought inviting affected persons; and |
| (c) | be satisfied that the land or right is reasonably required by the licensee. |
| (5) | The Gas Regulator must, in making a determination for the purpose of subregulation (4)(c), consider— |
| (a) | whether the planned facilities will enhance the Republic's gas infrastructure; |
| (b) | the nature of the proposed servitude or amendment to a servitude, including the nature and function of the gas infrastructure relating to the proposed servitude or amendment to a servitude; |
| (c) | whether or not any existing gas infrastructure can be used to give effect to the proposed servitude; |
| (d) | the probable duration of the proposed servitude; |
| (e) | the extent of the deprivation of use of the land likely to be suffered as a result of the proposed servitude or amendment to a servitude; |
| (f) | the nature and extent of the actual inconvenience or loss likely to be suffered as a result of the exercise of the rights under the proposed servitude or amendment to a servitude; |
| (g) | the extent to which the land can reasonably be rehabilitated on termination of the proposed servitude; |
| (h) | any advantage that the landowner or other person with a compensational interest in the land subject to the servitude is likely to derive as a result of the proposed servitude or amendment to a servitude; and |
| (i) | the public interest served by the gas infrastructure relating to the proposed servitude or amendment to a servitude. |
| (6) | An expropriation award made by the Gas Regulator must be accompanied by a recommendation as to compensation. |
| (7) | The Gas Regulator must, in making a recommendation on compensation, consider— |
| (a) | the nature of the proposed servitude or amendment, including the nature and function of the gas infrastructure relating to the proposed servitude or amendment; |
| (b) | whether any existing gas infrastructure will be used to give effect to the proposed servitude; |
| (c) | the probable duration of the proposed servitude; |
| (d) | the extent of the deprivation of use of the land likely to be suffered as a result of the proposed servitude or amendment; |
| (e) | the rental value of the land affected by the proposed servitude or amendment; |
| (f) | the nature and extent of the actual inconvenience or loss likely to be suffered as a result of the exercise of the rights under the proposed servitude or amendment; |
| (g) | the extent to which the land can reasonably be rehabilitated on termination of the proposed servitude; |
| (h) | any advantage that the landowner or other person with a compensational interest in the land subject to the servitude is likely to derive as a result of the proposed servitude or amendment; and |
| (i) | the public interest served by the gas infrastructure relating to the proposed servitude or amendment. |
| (8) | The Gas Regulator must make a decision on an expropriation application and the conditions thereof within 30 days of the completion of the hearing contemplated in subregulation 4(a). |
| (9) | If a party concerned does not accept the Gas Regulator's recommendation regarding compensation, that party may approach a court to determine the amount and the time and manner of payment of compensation. |
| (10) | The acquisition, amendment or cancellation of a servitude by virtue of an order of the Gas Regulator takes effect when the order is noted in terms of the legislation applicable to the registration of title deeds. |
| (11) | An owner of land or any right in, over or in respect of land subject to a servitude granted by the Gas Regulator may apply to the Gas Regulator for the cancellation of that servitude— |
| (a) | if the relevant licence associated with the servitude is terminated; |
| (b) | if the rights and obligations in respect of the servitude have not been exercised on the land subject to the servitude for a continuous period of three years; or |
| (c) | for any other lawful reason. |
| (12) | The Gas Regulator may recover all or part of the costs that it incurs in holding a hearing contemplated in subregulation 4(a) from the applicant. |