Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 451 Cape Town 15 January 2003 No. 24254 THE PRESIDENCY No. 100 15 January 2003 It is hereby notified that the President has assented to the following Act, which is hereby general information:– published for No. 75 of 2002: Gas Regulator Levies Act, 2002. AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 No. 21254 GOVERNMENT GAZETTE. 15 JANUARY 3003 Act No. 75,2002 GAS REGULATOR LEVIES ACT. 2002 (English text signed by the President.) (Assented to 30 December 2002.) ACT To provide for the imposition of levies by the National Gas Regulator; and to provide for matters connected therewith. E IT ENACTED B fonows:- Definitions by the Parliament of the Republic of South Africa, as 1. In this Act. unless the context indicates otherwise- 5 “distribution” means “distribution” as defined in the Gas Act; “gas” means “gas” as defined in the Gas Act; “Gas Act” means the Gas Act, 2001 (Act No. 48 of 2001); “Gas Regulator” means the National Gas Regulator established by section 3 of the Gas Act; “importer” means the owner, at the point of importation. of gas imported into the 10 Republic of South Africa, either by pipeline or in the form of liquefied natural gas and “imported” has a similar meaning; “levy” means the amount imposed under section 7: “Minister” means the Minister of Minerals and Energy: “producer” means an entity that recovers gas from manufactures synthetic or artificial gas; “Public Finance Management Act” means the Public Finance Management Act, 1999 (Act No. 1 of 1999); “transmission” means “transmission” as defined in the Gas Act. wells in the earth or that 15 Imposition of levies 2. (1) The Gas Regulator may by notice in the Gazette- ( a ) impose levies for the purpose of meeting the general administrative and other costs of the Gas Regulator and the functions performed by the Gas Regulator; ( b ) specify the intervals and times in respect of the payment of such levies; (c) determine as interest ( d ) vary levies. in section 4: and contemplated (2) The levies imposed and varied under subsection (1) must be- ( a ) based on the amount of gas, measured in gigajoules. delivered by importers and producers to inlet flanges of transmission or distribution pipelines; and ( 6 ) paid by the person holding the title to the gas at the inlet flange. 20 25 30 (3) Before imposing levies, varying levies, or determining interest, the Gas Regulator must- ( a ) publish the proposed levies, variation or determination in such a manner as it or considers appropriate in order determination to the attention of stakeholders in the gas industry, together 35 with a statement explaining the reasons for to bring the proposed levies, variation the proposed imposition or 4 No. 14254 GAZElTE. GOVERNMENT 15 JANUARY 2003 Act No. 75. 2002 GAS REGULATOR LEVIES ACT, 2002 variation of levies or determination of interest and an invitation for representations to be made to the Gas Regulator within a specified and reasonable time; (b) have regard to any representation made to it in terms of paragraph ( a ) ; ( c ) give the Minister notice in writing of the proposed imposition or variation of the period for which such levies. or determination of interest, and specify imposition, variation or determination is intended to be operational; (d) provide the Minister with reasons for the imposition or variation of levies or 5 determination of interest; ( e ) provide the Minister with evidence of consultation with stakeholders or 10 attempts to consult with stakeholders in the gas industry and of the degree of concurrence among such stakeholders with regard to the imposition or variation of the levies or determination of interest. (4) The Minister must, with the concurrence of the Minister of Finance, within a period of 60 days after receiving a notice contemplated in subsection (3)(c), give the Gas 15 Regulator written approval or disapproval of the proposed imposition, variation determination and, determination, also give reasons for the disapproval thereof. or in the event of disapproving that imposition. variation or ( 5 ) After the receipt of the notice as contemplated in subsection (4), the Minister may, with the concurrence of the Minister of Finance, recommend an alternative levy or 20 interest determination. (6) The Gas Regulator may impose or vary levies or determine interest under subsection (1) only after the levies or interest has been approved by the Minister with the concurrence of the Minister of Finance. (7) The Gas Regulator must publish the notice contemplated in subsection ( 1 ) at least 25 30 days before the commencement of that imposition, variation or determination. (8) The levies imposed, levies varied or interest determined under subsection ( I ) must be reviewed annually by the Gas Regulator. Disposal and management of levies 3. (1) The levies imposed, levies varied and interest determined under section 2( 1) 30 form part of the funds of the Gas Regulator. (2) The levies and interest collected by the Gas Regulator must be paid into a bank account designated for that purpose by the Gas Regulator and approved by the National Treasury in terms of section 7(2) of the Public Finance Management Act. (3) (a) At least six months before the start of the financial year of the Department of 35 Minerals and Energy, or such other period as may be agreed upon between the Minister and the Gas Regulator, the Gas Regulator must submit to the Minister- (i) a budget of estimated revenue and expenditure for the next financial year of the Gas Regulator Management Act; and as required by section 53 of the Public Finance 40 (ii) a business plan in the format prescribed under section 54(1) of the Public Finance Management Act, covering the affairs of the Gas Regulator for the following three financial years. (b) The budget and business plan Contemplated in paragraph fa) must be submitted for the approval of the Minister and the concurrence of the Minister of Finance. 45 Non-payment of levies 4. (1) Where a levy is not paid by the person contemplated in section 2(2)(b) on the day such levy becomes due and payable, that person is. apart from payment of the levy, liable to interest calculated upon the unpaid amount of the levy from that date, subject to subsections ( 2 ) and (3). (2) The calculation of interest due and payable to the Gas Regulator must be based on 80(l)(b) of the Public Finance the uniform interest rate contemplated in section Management Act. 50 6 No. 24254 GOVERNMENT GAZETTE. 15 JANUARY 7003 Act No. 75.2002 GAS REGULATOR LEVIES ACT. 2002 (3) Levies and interest due are deemed to be a debt due to the Gas Regulator and may be recovered by the Gas Regulator by judicial process in any competent court. Levy imposition to lapse after five years introduced. the day on which it was 5. (1) Subject to subsection (2), any levy imposed in terms of section 2( l)(a) lapses after five years (2) The Minister must. at least three months but not more than 12 months before the day on which an imposition of a levy contemplated in section 2( l)(a) would otherwise lapse, at the written request of the Gas Regulator and with the concurrence of the Minister of Finance, give the Gas Regulator in writing approval or disapproval of a re-imposition of such levy and, in the event of disapproving the re-imposition. also give 10 reasons for the disapproval thereof. 5 (3) Before approving a re-imposition contemplated in subsection (2). the Minister must commission a review of the performance of the Gas Regulator as contemplated in section 6. Assessment of performance of Gas Regulator 15 6. (1) In this section “performance” in relation to the Gas Regulator means all or any of the following matters: ( a ) The efficiency, economy and effectiveness of the Gas Regulator’s manage- ment of the financial resources at its disposal; ( b ) the benefits deriving from the Gas Regulator’s work to those who bear the 20 levies and other charges imposed by the Gas Regulator; and (cj any other matter determined by the Minister in writing and with the concurrence of the Minister of Finance. (2) The Minister may, after consultation with the Gas Regulator, appoint any person to conduct an assessment of, and report to the Minister and the Minister of Finance on. 95 the performance of the Gas Regulator if the Minister is satisfied that- ( a ) there is sufficient concern among stakeholders in the gas industry about the performance of the Gas Regulator to justify an assessment of that perfor- mance; or (b) the performance of the Gas Regulator is inadequate. (3) ( a ) Notwithstanding subsection ( 2 ) , the Minister must commission an assessment of the performance of the Gas Regulator at least once every five years. ( b ) The person appointed to conduct the assessment contemplated in paragraph ( a ) must report to the Minister and the Minister of Finance. commencement and Short title 7. This Act is called the Gas Regulator Levies Act, 2001. and comes into operation on a date fixed by the President by proclamation in the Gaxtre. 3 0 35
