National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Regulations

National Greenhouse Gas Emission Reporting Regulations, 2016

11. Verification and Validation of Information

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(1) The competent authority must validate, in accordance with the assessment procedures in the latest version of the Technical Guidelines for Validation and Verification of Greenhouse Gas Emissions, the data submitted by a data provider within 60 days after the submission date.

 

(2) The validation contemplated in subregulation (1) may include
(a) methods defined in the latest version of the Methodological Guidelines for Quantification of Greenhouse Gas Emissions;
(b) earlier submissions;
(c) submissions from similar facilities; and
(d) other independent data.

 

(3) A data provider’s submission contemplated in regulation 7 of these Regulations is deemed accepted if the competent authority does not respond to the data provider with questions for clarification or corrections within 60 days from the date of the data provider’s submission.

 

(4) If, after the validation in terms of subregulation (1), the competent authority reasonably believes that the information submitted in terms of these Regulations, does not meet quality assurance principles, which are transparency, completeness, accuracy, comparability, consistency and adherence to the latest version of the Methodological Guidelines for Quantification of Greenhouse Gas Emissions; the competent authority must instruct, in writing, the data provider to validate the information submitted, and to provide the supporting information required to substantiate the submission within 30 days after receiving the written instruction from the competent authority.

 

(5) Where a data provider fails to provide information in terms of subregulation (4), or where the data provider provides insufficient information in terms of regulation 7(2) and 7(4), for the purposes of validation and verification, the competent authority must undertake one or any combination of the following:
(a) conduct an on-site facility or installation specific verification and validation of emissions estimated using the methods as set out in the latest version of the Technical Guidelines for Validation and Verification of Greenhouse Gas Emissions by data providers at its discretion; or
(b) require the data provider’s submission to be subject to verification and validation by an independent assessor in accordance with the Technical Guidelines for Validation and Verification of Greenhouse Gas Emissions.

 

(6) The data provider subjected to verification must submit to the competent authority the outcome of the verification report and the associated data within 90 days after receiving written instruction from the competent authority.

 

(7) A data provider is liable for all costs incurred in compliance with sub-regulations (4) and (5)

 

[Regulation 11 substituted by regulation 11 of Notice No. R994, GG43712, dated 11 September 2020]