Gas Act, 2001 (Act No. 48 of 2001)RegulationsPiped Gas Regulations11. Rehabilitation of land |
| (1) | A licensee must, not later than six months prior to termination, relinquishment or abandonment of licensed activity, submit to the Gas Regulator a plan for approval for the closure, removal and disposal, as the case may be, of all installations relating to the licensed activity. |
| (2) | The plan contemplated in subregulation (1) must include information regarding— |
| (a) | alternatives investigated for further use and alternative disposal of the installations; |
| (b) | decommissioning activities; |
| (c) | site clean up, removal and disposal of dangerous material and chemicals; and |
| (d) | an environmental impact assessment of the termination and abandonment of the activity concerned. |
| (3) | The Gas Regulator may approve the plan contemplated in subregulation (1) subject to any condition or amendment determined by the Gas Regulator. |
| (4) | From time to time, licence conditions may incorporate, by referral any current legislation on the rehabilitation of land used in connection with the transmission, storage, distribution, liquefaction or re-gasification of gas or the trading therein, and may include the provision of environmental performance bonds for rehabilitation purposes and the composition and amount of such guarantees. |
| (5) | The financial provision contemplated in subregulation (4) may include— |
| (a) | an insurance policy; |
| (b) | a bank guarantee; |
| (c) | a trust fund; or |
| (d) | other financial arrangement acceptable to the Gas Regulator. |
| (6) | The Gas Regulator may require confirmation in writing from a licensee that it is in compliance with the requirements of the National Environmental Management Act, 1998 (Act No. 107 of 1998). |
| (7) | The Gas Regulator may not consent to the termination of the financial security arrangement contemplated in subregulations (4) and (5) before it is in receipt of a certificate from an independent consultant competent to conduct environmental impact assessments in accordance with the provisions of the National Environmental Management Act, 1998 (Act No. 107 of 1998), stating that the site has been rehabilitated. |