National Energy Act, 2008 (No. 34 of 2008)

2. Ohjccls or 1\ct CHAPTER 2 ENERGY SUPPLY, OPTI'.\IISATION AND UTILISATION .1. Pwvlsion of data and accc~s to data sources IO

4. Safety, health and cm'ironmcnt

5. Energy accl"ss by households CHAPTER 3 INTEGRATED ENERGY PLANNI'I/G

6. Integrated energy planning 15 CIIAPTER4 SOUTH AFRICAN NATIONAL ENERGY DEVELOPMENT INSTITUTE

7. E::stahlishmcnt of South African National Energy Dnclopmcnt [nstitutl"

8. Conslitution of Snulh African National Energy Dcvclopmcnl lns1!tu1c

9. South African National Energy Dcvl'iopmcnt Institute :-.ub-committees for :!O specific rurposcs 4 GOVl:R'.\11\11-:1'\T GAZl'.TTE. :!4 M)Vl·.l\:1Bl:R. 200~ Ad No. J4, 21H)li NATIONAL 1-:NH{\IY ACL 1008 10. !\·kctings or Board or Soulh t\frii.::111 ~a1ional Energy Development lnstituk

11. Chief Executive Otlicer of South African National Encr~y Development Jnqi1u1c

12. Suutli Afric4l0 '.\lational Energy 0l.'.vclopmcn1 Institute cmploycc:-. ,rnd i..'(1nd1- tio11s of scrvii.:c 5

13. Transitilinal provisions

14. Funding of South African National Enl'.rgy Development lnslitutc

15. Ac1..'ounting and auditing at South Afrh.:an Nalional Energy Dch:lopmcnt ln~ti1u1c

16. Dbo1\'L'rics, invcnli<ms anJ improvements CHAPTER 5 SECURITY OF SUPPLY

17. A(,:qui~ition .::i.nJ mainh:nancc of National Strategic energy t'ccdstrn:ks and carriers IR. lnvcsurn:nl in and maintcna111.:c of cnerg)· infrastructun: 1.5 CHAPTER6 GENERAL PROVISIONS

19. Regulation..,

20. Offences and penalties

21. Short 1i1lc crnd l,:Pmmenr.:cment 20 CHAPTER 1 DEFINITIONS AND 011.JECTS Definitions

1. In 1his Ad. unks~ the conlcxl indicah:s othcrwi~c- •'Board" means th1.· Board of the South African National Energy Dcvclopmcnt 25 Institute r.;ontcmplatcLl in ~cction 8: '"Department"' 1rn:ans thc Dcpartmcnt <>f Minerals and Encr~y: '"energ:y carrier·• mcans a suhs1ancc or syslcm thal nwn·s or catTic.:s energy 111 a usahlc form from one place to another: ••cnerg_y data"' ml:ans ('nergy-relatcLl statistics, fact-., ligun:s. inforrnalion and 30 records of thc l!-ncrgy indu~try and all othl:r cconomi<.: sectors: "'energy efficiency'" mcans economical and cllicicnt prodw.:tion and u1ilisation of an cncrgy carrier nr rc~ourcc: ••cnerg)· fecdstocks'" mean~ any substance ust'd or that can hl! uscd as a rmv matcrial in an industrial prrn.:l!ss prodw.:ing energy: 15 ••cncr~y infrastructure"' mean.., puhlk and privaLcly owned physil.:al strrn.:turcs \\:hich an.:: u-.cd for the production, tram.formation. convcr:-.ion. tran:-.ponation or distrihu1ion of l!ncrgy carriers: ••encrgy~related sectors"' means ~II sectors \\·hich arc impucled hy or have an imp;,v,:t on the energy sec1or: -l-O ••energ~· resource•• meuns non-value added material or mineral thal can bl: u~cd to produce encrgy or he convl!rlcd to an energy carrier: ""f'rce basic electricity" means a limitl!d fn,;c unwum of clectricity supply dccrncd nccc:-,sary IO ~upport basic energy servic.:L"' of a typil.:al poor household a.., Je1;.:rmim:J from timl.'. to time: 45 .. greenhouse gases" mean ga:-.es pn:scnt in the allnosphcrc, \Vhich rl!du..:c thl: lnss nf hl:al intt) -.pacl: and Lhcn.::hy contributing to an increase in global lcmpcraturc:-. through a process kno\VTI as the gn.:cnhousc effect: "'Integrated Energy Plan" means thc national l:ncrgy plan cnmcmplatc.xl m scl'."tion 6. approved hy Cabinet and puhli~hcd in thl' Ga::.ette hy till' Minister; 50 0 \tinister•' mcans the Mini:-.tcr or Mint:rals and Eni.:rgy: uorgan of the state•• mc.:ans an organ of 'itate as defined ln scctillll 239 of thl• CtHblilution~ 6 COVERl\'J'Vll:'.\/T GAZI,TTE. 24 \'OVEMBEK ~oos Ad No •.~<4. 200R i\ATIO:'\AL F'.\/ER(lY ACL 2008 '"prescribC'd" mcJns prc~crihcd hy regulation: .. Promotion of Access to Information Actn means the Promotion uf Access to lnl"ormation Act. 2000 (Act No. 2 of 2000): ''Public Finance Management Act" means the Puhlic Pinance Management Act, 1999 (Act No. I or 1999): 5 "regulation'' means any regulation made in terms of this Act: '"renewable encrg3-•'' means cnt.!rgy generated from natural non-depicting rcsourct:s including solar enl'rg:y. ,vind energy. biomass energy, biological ,vastc energy. hydro t.;nagy, geothermal L.:ncrgy and ocean and tidal energy: and ''this Act" includes regulations made in terms of 1his Act. I0 Objects of Act

2. The oh,iects of this Act are to- ( a) ensure uninLcrrupLcd supply of energy lo the Republic; (h) promok JiHTsity of ~upply of energy and its sources; ( cj facilitate clfoctivc management or energy demand and its conservation: IS ( dj promote energy research; ( e J promote appropriate standards and specifications for the equipment, sy.:.tems and prnl'csses used for producing, supplying and con.;uming energy: (/) ensure collection of dara and information relating to energy supply. transportation an<l demand; 20 (g) provide for llplimal supply, tran~formation. transportation. storage and demand of energy that are planned, organi~cJ anJ implemented in acconlancc ,vith a balanced consideration of security of supply. economics, con~umer protection and a su~tainable development: (h) provide for certain sakty. health and environment matters that pertain to 25 energy: (ij facilitate cnt::rgy acce~s for improvement of the quality of lifo of the people of Repuhlic: (jj commercialise energy-related technologies; (k) cn..;urc effective planning for energy supply. transportation and consumption: ?,() and (!) conlrihulc to sustainahk dcvch1pment of South Africa's economy. CHAPTER 2 ENERGY SUPPLY, OPTIMISATION AND UTILISATION Provision of data and access to data sources .15

3. ( 1) The Ministt::r must establish mechanisms to ensure- ( a) provision of any data and information reasonably required for the purpose~ of conducting analysis required for energy planning from any perstin and the time period for the provision of ~uch data and information. where such data is not already made available to any other public instilUtion: and 40 (h) connection to any data and information management system. or any nther system within lhe public administration. for the acquisition of energy data ;.md information. in accordamx with the Promotion of Access to Information Act and the Slatistics Act. I999 (Act No. 6 of 1999) where such data or information is collected hy that puhlic institution. 45 (_2) Th~· !\.·1inistcr may, for the purpo'>C of ensuring optimal co\kction of data. subject to observation of cunfi.dentiality of information in the pos~ession of a particular entity. permit sharing of infunnation with any other entity within and out~i<lc of the houndaries of the Repuhlic. COVERI\Ml!NT CJAJJ--:Tn~. 24 NOVEMHH{ ~OOX Ad Nn. 34, 200R '\JATIO'\JAI. ENERGY ACT. 2008 0) The information provided under this Act that is not already in the public domain may only he supplied to persons outside of the Department subject tn the provisions of thl". Promotinn nf J\cces:-. to Informatinn Act. (4) The Minister must establish mechanisms to- {a) co\kct. collate and analyse energy data and information: 5 (h) manage energy data and information: and (c) avaiL in a manner prcscrihc(_L energy statir..,tics and cni.::rgy inl'orrnation 10 the puhlic. (S) Tht: rvtinislcr must annually puhlish an analysis-- (u) reviewing energy demand and supply for previous year: 10 (b) forecasting energy supply and demand for no less than 20 years: and ( cj of plausible energy scenarios of how the future energy demand and suppl)' landscape could look like under different demand and supply :issurnptions. (6) The Minister must puhlish- (a) models usL""d for data and information analysis; 15 (h) all the assumptions Lhat arl'" underpinning the models contemplated in suhsc.ction (a); and (c) a list of categories nf information or data that have been classified as confidential and the reasons thereof. Safet_y. health and enYironment 20

4. The Minister may. after consultation with the Mini'->tL'r of Trade and Industry. the Minister of Labour and the Minister of Environmental Affairs and Tourism, adopt mew,urcs not contemplated in any other legislation. to minimise the negalive safety, health and cnvirunmental impacts of energy carriers. Energy access by households 25

5. (1) The Minister must adopt measures that provide for the universal i.lCCrss ID apprnpriatl'" forms of energy or energy services for all the people of the Republic at affordahlc price-.. (2) The measures conh:rnplati..:d in -.uhseclion (I) must take into account- (u) thL' safety, health and cm·ironrnenLal suitability of such enL'rgy; .)() (b) thL' availuhility of energy resources: (c) the optimisation of exbting energy infrastructure; (d) the n~ed for new infrastructure: ( e) the provision or information and training regarding energy and ils optimal utilisation; 35 (f) Lile sustainability of the energy provision: (gJ atllirdahility: (hj cost-dlc-.:tivcncss: (i) the State\ commitment to provide free hasic electricity w poor households: and 40 (j) appropriate governance procedures for government sponsrnTd programmes as prescribed hy the Puhlie Finance Management Ac1. CHAPTER3 INTEGRATED ENERGY PLANNING Integrated energy planning 45

6. (I) The 1:1inistcr must dc\·c\op and. on an annual hasis, review and puhli;--,h the integrated EnL"rgy Plan in the Go-:.ctte. (2) The lntcgra!ed Em:rgy Plan must deal wilh i:-.sucs relating to the supply. transformation. lran:-.port, :-.torage of and dt:mand for energy in a way that accounts for-- - (o) sccuri1y of supply: SO (b) economically availahk 1,;nergy re-.ources: ( c) atfordability; (d) unin:r~al accessibility and free basic electricity: Ill .kt ~o. j4, 200X r--;ATJl);'-/AI_ t~NERGY ACT. 2008 ( e) social equity: ((J l".mploymcnt: (g} the cmironrncnt: ( l1j inlernalional commilmcnt-.: ( iJ consumer protection; and 5 (j) contrihulilin of cncrgy '.-.Upply to socio-economic development. (J) The lnh:gratcd Energy Plan must- ( OJ take accoun1 of plans n:laling to transport. electricity, petroleum, wall.:r, trade. rnacrn-cconomy energy infrastructure dcvl'lopmcnt. housing. air quality management. grt'cnhouse gas mitigalion v.. ithin the energy sector i.llld 1 10 integrated development plans of local and provincial authorities: (h) inform and be infonncJ hy plans from all supply, pro<luction and demand sectors whose plans impact on or arc impacted hy lhc integrated Energy Plan; and ( c) he hascJ on the rcsulls of the energy an..ilysis envisaged in sections 3(4 )( aj and 15 ;\(5). (4) The Jn·clopmcnt of the lnLcgralul Energy Plan mus! take into account- ( a) sustainahk development: (b) optimal use of indigenous ..ind regional energy resources: ( c) balam.:e between supply anJ demand; 20 (d) economic viahility: (e) environmental. health, safety and socio-economic impacts: and (/) developmental requirements of the Southern African region. (5) The Jntegralcd Energy Plan must have a planning horizon of no less than 20 yL·ars. (6) The Integrated Energy Plan must- 25 (a) serve as a guide for i:nerg:y infrastruc..-ture investments; (b) rnke into account all viable energy :-.upply options: and ( c) guide the selection of the appropriate lechnology to meet energy demanJ. (7) Before finalising the Integrated Energy Plan. the Minister must- (a) invite public comments; and 30 (b> duly consider such commen11,.. CHAPTER 4 SOUTH AFRICAN NATIONAL ENERGY DEVELOP\IENT INSTITLTE Establishment of South African National Energy Development lnstitntc

7. ( I J ThL South African "'.'Jational EnLrgy DcYclopmcnt lnstilulc is hereby c:-.tahlishcd 15 as i.l jurisLic person. (2) The functions of the South African National Energy Developmcn1 Institute arc hi. in respect of- ({/, energy ctfo.:iency- (i) undertake energy clliciency measures as directed hy the Minister: 40 (ii) increase energy efficiency throughout the t:conomy: (iii) increase the gross domestic product per unit of energy consumed: and (iv) optimise the utilisation of finite energy resources: r IJ,1 eni:rgy n:scarch and dcvcloprncnt- (i) di reel. monilt)r. conduct and implement energy rcscard1 and tL'cimology --1-5 dcvdopmcnt in all llclds of energy. other than nuclear energy: and (ii) promote energy research and technology innovation; (iii) provide for--- (aa) training and dcn:lopmenl in the tid<l of energy research and tedmology de\-clopment: 50 ( hh) cstahlishment and expansion of i n<lustrics in the tie Id of energy: and 12 GOVH{:--.J\11':N'I"" (lA/hTTI-·:, 2-+ NOVEt-.llit--:1< 2.(l(lX Ad No. J4. 2008 '.\JATIONAl, hNl-<RGY ACT. 2008 (ccj commercialisation of energy ll\.:hn()]ogic, resulting frrnT1 energy research and c.k\'clop111c1H programmes: (iv) register patents ;.md intellectual property in its name n:sulting rrorn its :.ictivitics: (V) i:-.suc licences to olhi.'r persons for the us.: of its pa!cnts and intclkctual 5 pnlpcrty: (vi) puhlish inl'orrna1iun cnnccrning i1s oh_iccts and functions: (vii) c:-.lahlish faciliti~s for the (o]kction anJ dissl'mination of information in conni.'ction wilh research, <lcvdopmcnl and innovation: (viii) un<l<..:rtake any n1her energy technology development related nctivity a-. 10 dlrcclcd by the Minister. with the C(llll'urn:m.:c of tht.: Minister of Scicn.:e and Technology; (1x) promote rL'kvant energy research through cooperation with any cn1i1y. institution or pcr~on equipped V.'ith the relevant skilb and expertise within and outside the Republic: 15 {x) 1nakc grants to cducation..il and scientilk institutions in aiJ or rcsl.'arch hy thl".ir slaff or for the cstahlishment of f<Kilitics for such research; (xi) promote the training of research \Vnrkers by granting bursaries nr grants-in-aid for research; (xii) undertake the investigations or n.:!-.earch that the \1inistcr, after consul- 20 talion with the Minister of Scil.'ncc anJ Tl.'.chnology. may as:-.ign to it: and (xiii) ad\'ise the 1\1ini:-.tcr and lht: Minister of Science and Technology on rcsearch in the licld of encrgy technology. Constitution of' South African National Energy Development Institute

8. (I) Subject to this Act, the South African National Energy Development Institule i1, 25 managed and controlkd hy a Board, which- ( a) mu:,,t determine the South African Nallnnal Energy Devclopmenl In:-.tilute's policies and proce<lures; (h) must exercise control over the performance of the South African N:.i.tional Energy Development Institute\ fum:tions; and .iO (c) has the same pO\vi.:rs anJ m1lhority as arc conferred upon the South African National Energy Di.:vdopmi.:nl Institute in lertn!-, of this Act. (2) The Mini:,,tcr must, afo:r consultation with the Minister of Science and Technology, appoint as mcmhcrs of the Board- ( a) a Chairperson: 35 (h) a Depu1y Chairpcr:,,un: (cj representatives from the DL":partmcnL:-. or Mincral-. am.I Energy, Trade and Industry. SL'iencc and Tcchnnlogy. Environmental Affairs und Touri:,,m and Transport; and (d) two olhcr suitably qualilleJ persons. 40 ( .i) The Chief Executive Olliccr appointed in terms of :-.cclion l I, or if unavailable. an employee of the South Afrirnn Na1ional Energy Di.:velop1m.:nt Institute designated by the Chief Exel'.utivc Ofliccr. must aHend all meetings of the Ro..1n.J and ha:-. the right to speak, hut not to vote, at such meetings. (4) If the Chairperson cannot pL'rfonn his ur her duties, the Deputy Chairperson rnu1,f 45 perform such dutks until the Chairperson can resume his or her dutic-.. or until the Minister. after L·onsultalion \Vith tht: Minister of SL'.ience and Technology, hu:-. appointed a rcplaccm1.:nt for him or her. (.'i) The Chairperson or Deputy Chairpt:rson presides .:ti any meeting of the Board. (6) A member of the Board, excluding the Chief Executive O!Hccr. lu1lds of!icl': for a 50 period not exceeding four years. hut may he reappointed. (7) ;\ member ()f the Hoard must \'al'.atc his or her ollicc if he or she-- /ll) becomes of un ... ound mind: (/J) rc~igns bv writh:n notificalion to the Minister of at least one month: (c) in tl~c c.:1;e of memhcrs appointed in hmns Df suh.,i.:L'.liLm (2)(c). resigns from 55 hi:-. or Iler re:-.pL'Ctive department: or (d) materially fails to perform any duty imposed on him or her in term-. of thi~ A(.'.L 14 (_Jf)VJ:RN.'v11'.NT CA/ETTI:. 2--1- N()VJ'.\181-'.R 200K Art No.•it, 200H ~ATIO'.\iAL FNERGY ACT 20(18 (8) The mcmhcrs of the Board. with the cxclusinn or tho:-.c members Vl-·ho ;..ire in 1he full-time employment of an organ of the st.Jte, must he app{)intcd on wch conditions. including conJi1ions relating to the payment of rcmuncralion and allov, anccs, as the1 .\tini~tcr may. with the concurrence of the Minis11:r-. of Finance and Science and Technology. determine. S (9) The members of the Board must he persons who have rckvant qualifications and c,,pcricncc or who have spccial knowledge or cxpcricncc in n::IJtion to one or other aspi:ct of the South African National Energy Development Institme·s function~. ( 10) UptHl appointment, cwry mcmhcr of the Board must disclo:,c ll) the Minister and to the Board- !O (a) his m ht"r pecuniary inlcrc-,( in any person. firm. assrn..:iation or company engaged in any of !he functions of the South African National Energy Dcn::lopmcnt Institute; and (b) if his or her spouse. life partner, parent or child is in the employ of. nr acts as a consultant to. or has any rt:hHionship with. any person. firm, .issociation or 15 company engaged in any of the functions of the South Afric,rn Nation.ii Energy Development Institute. ( I ! ) If a rncmher of the Board acquires an intcn:st contemplaled in suhseclitrn 1()( ti} or (h), such rm:mher must immediately, in writing. dcclan: that fact to the Mini•:.tcr and B()ard. 20 ( 12) The Minister may. fmm time 10 time. reserve any matter provided for in this Act. a:-. a matter in respccl of which a dcci:-.ion of the Board \Viii he suhject w the con:-.cnt of thL'. Minister and thl.' Minist1:r of S1:iencc and 'frchnology. ( l 3) The Minister and the Mini..,tt:r of Finance may jointly from lime to time reserve any financial matter provided for in this Act. a.., a matter in respect of which a deci-;ion 25 of the Ooard shall he ~ubjec{ to the conscm of the Ministt:r with thl' concurrl'nce of the Minister or Fin:.mcL. South African National Energy Development Institute suhcommittees for specific purposes

9. (I) ThL Board may c:-.1:.1hlish suhcommilll'CS and may appoint any of itc, mernher-, 30 to join one or more of ..,uch suhl'.ommiuccs, which must, suhjcct to the instructi(llls of the Board. pt:rform those runclions of the Board as the Board may determine. (2) (u) A ::iubcornmittec contemplat.:d In sub':-ection (I) consists of sud1 numhcr of persons. induJing at least one Board member and any employees or the Snulh African National Eni.;rgy Development Institute. a:-. the Board deems nece:-.~ary. 35 (h) The Board may at any time di:-.solvl'. or reconstitute a subcommittee. (3) If a subcommittee refernxl lo in subsection ( 1) consists of more than oni: mc,rnhcr. the 8\1ard must dc~lgnmi: one memhcr as a Chairperson. (4) The Soulh African National Energy Development Institute may pay the members of a suhcommith:c rdCrrt:d to in suhscction (I) \','ho .1rc- 40 ( o) no1 in the full-time service of the State: (h) not employees of the South African National Energy Dcveloprnelll lnslitutc: and fr)not mcmhcrs or the Board. the remuneratilm and allowancL's dcti:rminc<l by the Minister. with the concurn:nce of 45 the Mini~ter of Finance. (5) The Board shall not be discharged from its rcsponsihili1y for any function performed in lcrms of this si.;ction hy any subcnrnmittcc of the Bo.ird. Meetings of Board of South African National Energy Development Institute JO. ( I _l The meetings of the Board must he hd<l at sud1 times and places as dL'tcnnincd 50 hy the Cbairpersun of the Board. (2) The Chairpt:r:-.on. or in hi~ or her absence the Depuly Chairperson. may at any time call a special meeting of the Board, which mu<;t bl' held at SLH,:h time and place as 1hc Chairpcr\011 or thL Deputy Clwirper:-.on. as the ca~c may he. may direct. (3) The quorum !'or a meeting of Lhe Board is the majority of its mcrnhcrs. 55 16 Act No. J4, 2008 NATIONAL El\'ERGY ACT, 2008 (4) A decision of tile Board is taken hy resolution of the majority of the mcrnbcrs present at any meeting of the Board and. in the event of an equality of votes on any mallcr, the pen,un presiding al the meeting in que:-.tion shall have a ca-.1ing vok in addition to his or her delilx:rntive vote as a member of the Board. (5) No decision tuken by or act performed undL-r the authority of the Board shall he 5 invalid hy rca.;on only of- ( a} a ,acancy on 1he Board: or (h) the f.:1ct that a per<:.on who was not cntitkd to ~il as a llK'lllhcr of the Board. sat as a mcmher cit the time- \vhcn 1Ju: dccisil)ll \\'as taken or the act \Vas <.lllthoriscJ. i( the decision was taken or thl' act wa', authorised by the requisite rm~jnrily of the 10 members of the Board who were present at the time and l..'ntitlcd to ~iL as mcrnher~. Chief Executh:e Officer of South African National Energ_y Development Institute

11. (I) The Board appoints the Chief Executive Olliccr of the South African National Energy Development Institute. (2) The Chief Executive Otlicer- 15 ( a) is respom,ible for and exercises colllrol over the performance nf the functions of the South African Nationi.ll Energy Dcvi:lopn11:nt ln\titutc; and (b) muq n~port on the affairs or the South Africi.ln National Energy Dcvclopmt:nt Institute to the Board as may be required of him or her by the Board. 0) If the Chit:f Executive Officer is absent or unable to carry uut his or her dutic\ or 20 in lhl' event of a vacam.:y. the Board may appoint an employee of the South African Ni.ttional Ent:rgy Dcvcloprni:nt Institute to act as Chid' F.xecuti \'e Oflicer. and that employee shall. while so actin~, have all lhe powers and perform all the duties of 1he Chief Exccutin: ()fliccr. (4) The Chil-f Executive Offiu.T is appointed for a period of not nwre than live years. 25 hut may he reappointed on the conditions, including condition-. relating to the payment of remuneration and allowances. which the Board may determine in acl'ordance \Vith a syqcm approved. from time to time. by the Minister. \vith the conl'urrcnl·e of the Mini:-.tcrs of Vinance and Scienu: and Technology. (5) The Chier Executive ()!liu:r musl i:nter into an annual performance cnntract wilh .'0 the Bl1ard and the Buard must assess his or her paformam:c annually. (6) Any dispute hctwecn the Board and the Chief Executive Offa.:cr which cannot he arnit.:ahly rcsolvt..'d must he rcfrrrt..'d to arhitration in terms of the Arbitration Act. 1965 (Act No. 42 ol 1965). South African National Energy Development Jnstitutc employees and conditions of 35 sen'ice

12. (I) The Chief Executive Officer of the South African National Energy Development Institute may, on the conditinns which lllll"-t he determined hy the Board. appoint tht: cmrloycc~ of the South African National Energy Dl..'velopmcnt Institute- whom it deems ncct:ssary to assist the Soulh African National Energy Development 40 Jn-;titute in the performance of its functiDns. O) The South African National Energy Dcvelopmcnl Institute must pay its employees sud1 remuneration. allmvanccs. suh~idies and other hcnefits as the Board may de1errnine. in accordance with a system approved from time to time hy the Ministi:r. with the concurrence of the Minister of Finarn.:c. 45 (..~) The South African National Energy Developrnenl lnstitult: may. in addition to employees referred to in suhscclion ( l ), he assisted in the performance ()fits functions hy utlicers ;ind employees in the puhlic servic..: who han: hccn placed at the disposal of tile South African Natil1nal Enagy Development Institute in term:-. oftht: Puhlil· Service /\ct. 1994 1Proclomation No. I03 of I 994 ). 50 (4) The Board may. llll such conditions as it may deem fit and for a fixed period l)f time. ~econd an employt'e of the South African National Ent:rgy Dt:vclopment Institute IS GOVH{NMI-'.:\' f' CiA/1--TTE, 2-1- .'\/OVE\1BH<! 200S Act No. _;.t, 2008 NATHH\AL ENERCiY ACT. 2008 lo perform J. particular service for an organ of stale or for the government of ;my other country or territory, pruvi<led 1hat-- ( u) such an employee's rights. privileges and hcnefits by virtue of his conditions of service as an employee of the South Africun National Energy Development lnslitutc are not adversely affected hy su..:h St'TPndmcni: and 5 (h) such employee cnnscnts thc-rcto. Transitional provisions

13. (I) In this section- ( a) "CEF (Proprietary) Ltd." lllt'Jlb thl' nimpany referred lo in the Central Energy Fund Act. 1977 (Act No. 38 of 1977); 10 (b) "NEE!\'' means the entity known as the N<1tional Energy Efficiency Agency which cxis1cd imrncdialdy hcfon: lhc commencement of !his Act as a division orCEf- (Proprietary I Ltd.: and (c) ·'SANERI'' mean~ the entity known as the South Ali·ican National Energy Research Institute which existed immediatdy before the commencement of 15 this Act as a di\'i-,ion of CEF (Prnprictary) Ltd. (2) A, from the Jak of cmnmcn"--·emcnl of this Act- - (a) tlie pcr'lon:,; who immediately hcforc that date c:onstitutc<l the personnel of SANERI and of NEEA. are del:mcd to be the personnel or the South African National Energy Development Institute. without any interruption of ~crvicc; 20 and (h) all a,scts and liabilities which vc~tcd in SANER] an<l NF.EA as di\'i..,ions of CEF (Proprietary) Ltd. immediately before that date vest in the South African National Energy Development Institute. Funding of South African National Energy DeYelopment lnstih1te 2S

14. ( l) The rund-, oft he Suulh Africun National Energy Development InsLitutc <..:onsist of-- ( aj m(1ncy apprt)priatcd hy Parliamcnl: (b) dnna1inns or contribution,; which the South African National Energy Oc,-clopmL·nt Institute may receive fwm any person. hody, gnvcrnment or JO adminisLration: and (c) mnncy received from any othn appwpriatc source. (2) The South African National Energy Developmcnt Institute must utilise its funds Cor defraying cxpcn~es in connection with the pcrformano: of ils functions. (.1) The South African National Energy Development Institute mu,;t utili~t: ib money 35 in accordance with the statement ()fits cstimalcd incomt: and expenditure contemplated in suhsectinn (4). as approved hy the Minister. (4) The Board must in each financial year. as required hy the Puhlic Finam:c Managc1m:nl Act. suhmit a statement of the South African National Energy Devclop- mLnt Institutc's c-,timatcd income and expenditure during the following financial year to . .H) thl' :rvtinistcr for his 1.)r her approval. (5) The Board may invest any unexpemkd pnrlion of the South African .Natiom.1! Enci-gy Dcvclopmcnt lnstitutc \ funds with the Corroration for Puhlic D"--·posits c'-lahlished in h:nns nf section 2 or the Corp(iration for Puhlic Depnsits Act, l 984 (Act :t\"o. 46 of 1984) or. subject to the approval of the Minister wiLh lhe com:urrcm:e (lf thl' 45 Mini:-.tLT of Pinanrc. dispose thereof in any otht..•r manner. (6) The Board may nealL surplus funds as l'nvisagcd hy subsection (5) and deposit such funds as thl.'. Minister. acting with the i.'Oncurrcnce of the Minister of finance, may apprmc. Accounting and auditing at South African National Energy De\'elopment Institute 50 15. {I) The Chief Exccu1ivc Officer is 1hc accounting o!liccr <:hargl:d with the rc:-.pnnsihility of accounting for all money received and paymcnts made hy the South African National Energy Dcvclopmenl ]nstitutc. (2) The accounting ofliccr must cause such records of account to he kept as ,m: nl'cc~saJ")-' to rcprcsL·nt fairly the statc of affairs and husinc~:,; or the Snuth .AJrican 55 20 Acl '.'Io. ]4. 2008 '\ATIONAL H\l--RGY ACT. 2008 :-.Jatiunal Enerfy Development Institute anJ to explain the transt1ctions anJ financial posilion of the hu . . illl'',S of lh1.· South African N.itional Enagy Development Institute. I-~) "Ifo: accounting: and compilation of annual !inancial statements of the South J\frkan National Energy Development ln:-.titute must he done in accordance \Vith the provisions of the Public finance Management Act. 5 Discoveries, in\'cntions and improvements

16. ( 1) Subject to subsections (5) and (6), the rights in all discovl!rics and inventions and in all improvemcnls in respect of processes, apparatus ,rnd machines made hy- (oJ employees of the S<.)Uth African National Enngy De\'L:lopmenl Instiluh: or ollicers and employee.., in the public service who have bl.'l.'ll placed al the 10 disposal of the Energy Research and Development DiYision tif the Soulh African National Energy Development Institulc in term-. of section 12(3): (h} persons a:-,sisting the South African National Energy De\'clopmcnl Inslitute \Vith any investigation or research: or (c) persons to whom contracts. including bursarit.".~ or grants-in-aid. have ht·cn 15 granted by the South African National E1ll'rgy Ocvclopmcnl Jnstitute. vests in the South African Naiional Energy Development Institute. (2l The South African National Energy Devclopmenl lm,titute 1nay make the discov<:ries. inventions and improvements reforrcd to in subscclion (I) available for w,c in the public interest subject to the nmditions and the payment of fees or roy::illics that 20 the South African Nalional Energy Development Institute may determine. (~) In n:specl of the rights in any disco\'t:-ry, in\'ention or improvernl!nt that arc contemplated in subsection (I). the South African National Energy Development Institute may award IO the person responsible for the discovery. invcmion or impnivemcnt such hon us as it deems fit, or make proYision for tinancial participation hy 25 him or her in 1hc: profit derived from such discovery, invention or improvement to such extcnt as thl' Minister may determine with the concurrence of th(.: Minister of Finance. (4) The South African National Energy Development Institute may apply for a patent in n:spect of any discovery. invention or improvement l'Ontemplated in suhscl'tion (I). and shall for the purpm,cs of the Patents Act 1978 (Act No. 57 of 1978). be regarded as 30 the assignee llf the discoverer or invenLOr in question. (5) Unless it i:-i otherwise agreed. the rights in a discovery. invention or improvemL'llt madt.' hy the South African N.1tional Energy De\'elopmcnt Jnstilute in the course of an investigation for or on behalf or another person, government or admini:-,tration shall vest \\--ith the S{)lJlh African National Energy Development Institute. 35 (6) The provision:-, of this section sh.al] not apply in respect of a discovery or an imcntion or improvement referred to in sullsection (I) which, in the opininn of the Miniskr. was made hy the person concerned other than- (a) in the course of his {lf ha employment as an employee of lhc South African National Energy Development Instilute: 40 (/J) during the performance of function~ in re~pect of which he or she has hccn placed at the disposal of the South African :'Jalional Energy Development Inslitute in term,;, of section 12(3): ( c) in the course of any investigation or research while assisling the South African :--lalional Energy Development Institute: or 45 (d) in the course of ,my research in respect of which he or she receive'> a hur<,ary or ,grant-in-aid from the South African ~ational Energy DL'velnpnwnt Instillllc. v,:hich is not connected wilh such employment. functions. inve..,ti- gation or research. COVERNI\ll-'.VI C.A/Ll'"ll•:. 2--+ I\OVl-.:\-1Rt-il{ ·2oos .-\d Nu ••\.1, 2(H)8 NATIO'\AI l·:\'l:l~GY ACT. :!OOX CHAPTERS SECURITY OF SUPPLY Acquisition and maintenance of national strategic energy feedstocks and carriers

17. (I) The rvtini~li.:r may. in a prc~crih,xl manner. for the purposes of ensuring sccurity of ,upply, direct any state-ov.,ncd entity to acquire, maintain. monitor and. 5 manage national s!rategir.: energy lccdslocks and carriers. (2) The nominated state-owned entity must perform the functions contemplated in suhscc.:lion (I) in accordance v.'ith the rckvanl puhlished security of supply stralegie-; or po\icit.:s. (:,) The slr:.llcgies; or poliL·ics contcrnphttcd in subsection (2) may cnmain hut not he JO limited to- ( 11) the minimum kvd of energy c.1n-icr or energy ke<lsiock for the production of an energy earner: (h) the condilions under which-- (i) the stratcgi..: energy frt:dsrocks and <.:arricrs may be huilt: and 15 (ii) willulrawal-; may he rnudc from such strategic energy feeds1ocks and <:arriers: ( cJ cost and benelit analysis: (d! funding mediani~m for such energy feedstock or carrier: and I e j obligations to he imposed, on producers of energy feedstock:-.. to supply tu the 20 nor11ina1cd slate-owned cntily the requisite em:rgy feedstock. 111 a manner prescribed hy regulation. (4) BL'fore llnalising the strategy or policy, the Minister rnu:-.1- (aJ invite puhlic comments on such strategy or policy; and (b) duly consider such conunent~. 25 lm:estment in and maintenance of Energy Infrastructure

18. The Minister may, for the purposes orensuring security l1f supply. dirccl any state-owned entity, in a pn:scrihed manner. to- ( u) undertake security of supply measures; (h) provide for adequate investment in Lnergy infrastructure: 30 ( c) invest in critkal energy infrastructure; and (d) ensure upkeep of all crilical eni:rgy infrastruclurL'. CHAPTER 6 GENERAL PROVISIONS Regulations 35

19. (I) The Minister may. afler consultation with those Cabinet \.1inistcrs whose areas of responsihility will he affected hy lhc proposed regulations. without dero,gating frnrn hi'> or hn general rL~gula1ory powers, hy llllticc in the Gcr:,Nte make rL":gulations regarding~ (a) the puhli<:ation (lf energy statistic-, or infDrmation: -+O (h) Lhc t_ypc, manner and form of energy dala and information that must be pro\. ided hy any person; ( c) the fnrm and manner llf the link between the energy <lalahase and information sy..,km to any other system within the public adminislration: (d) minimum contributions to national energy supply from renewable energy 45 sources: (el the nature of the sources thal may he used for renewable energy contrihutions !o the national energy supply: (j) measures and incentives designt.:d lo promote the pniduc1ion. cnnsurnption. investment. research and development of renewable energy: 50 (g) minimum leveh, of energy cnicicncy in each sector or the cconnmy: ( h) steps and pwcedun.-._ ncce-;sary for the application of energy cllkicncy technologies and procedures; Ad '.'.o..\-t, 2008 '\ATII )i\AL 1--:NERGY ACT. 2008 ( i) labelling for energy efticicncy purposes of household appliances. devices and motor vehides; (j) prohibilion of the manufac1ure. or importation or sale of ekl'lrical and ckctronic products and fuel burning appliance-. for n.:asons of poor energy cftkicncy: 5 (k) standards and spL'citication-. for energy carriers; (I) energy efficiency standurds for specitic technologies, processes. i.!pplianccs. devices. motor vehicles anJ huil<lings: 1111 j hlil<ling of strategic energy feedstocks and carriers, including financing mechanisms for such stocks; I0 (11) i.:nergy consi.:rvation measures to be used during energy shortage. \\'hich may include hut not limited to the amount of energy to he saved. the duralion for such measures and penalties associated with non-compliance to such measures: (o) rneasun.:s to ensun: adequate provision of energy-related infrastructure; 15 (fJ) measures lo ensure operating rcliahility of ..tll key energy Infrastructure. lo the minimum standards as may he ddermined hy the Minister: ( qJ mca.:.urcs 10 promote q.>curity of supply through accc.:.:-. to common infrastruc- ture by any pany, where not provided for under any other legislation; (r) the prohihition of disposal methods of ci:rtain fuels or post-<:ornhustinn 20 residues: (s) the safe. healthy and sustainable use of energy, standards and specific.-itions. 1101 clscv..'herc legislated or rcgulakd. for-- (i) the cornposition. colouring. luhclling and form of energy carriers: (ii) low-•m1okc fuels: 25 ( iii) the prohibition of the sale or combustion of polluting fuels: (i\) cooking. hcatinf':, lighting ;m<l other energy coll'>Uming hou<;ehold appliunccs: (v) trnn-;port of energy caffiers: (Yi) the storage and packaging of energy carriers; an<l :m (,·ii) any other energy-consuming appliance in all sectors of the economy. (f) any other matti:r that may or has to he prc~crihc<l, <.k:termint.:J or provided for by regulation in terms of this Act. (2) Before promulgating regulations. the Minister musl- faJ imik' puh\i(; comments on such regulation~: and :is (h) July consider such comments. Offences and penalties

20. (I) A person who contravenes or fails to comply with any provision of thi~ Act. shall he guilty of an offe111.:e and he liable on conviction to- (a) a tine not exceeding five million rand: 40 (/))imprison111t.:nt for a period not exceeding five year<;; or ( c) both such tine and such imprisonment. (2) The !\:1inistcr may, hy a notice in the Ga:.etre, amend the amount referred to in subsection (I) in or<ler to counter the effect of intlation. Short title and commencement 45

21. (I) This Act is called the National Energy Acl. 2008 and corn.es into operation on a date determined hy the President hy proclamatinn in the Ca::.errc. (2) Different date~ may be so fixed in respect of different pro\'ision~ of this Act.