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- The regulations for the electricity state of disaster have been finalised.
- They are geared at minimising the impact of load shedding on livelihoods, the economy, policing functions and food security.
- The regulations were gazetted following a meeting of the President’s Coordinating Council on Monday.
The government’s electricity state of disaster will see faster authorisation to avail land for energy generation and taking steps to facilitate international assistance aimed at alleviating, containing or minimising the state of disaster.
Following a sitting of the President’s Coordinating Council (PCC), as well as a special sitting of Cabinet on Monday, the government gazetted the regulations to give effect to the state of disaster.
The national state of disaster plan includes implementing measures to remove impediments to the development or construction of new generation capacity.
State entities should also streamline and expedite application and decision-making procedures for regulatory processes related to energy generation projects. This includes designating a single department or institution to receive and coordinate the processing of applications and stipulating maximum time frames for decision-making.
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The state of disaster will also provide for exemptions or approvals under the Subdivision of Agricultural Land Act of 1970, and the Spatial Planning and Land Use Management Act of 2013, to authorise land use for energy generation.
Mobile operators and broadcasters will issue public service announcements on the national state of disaster at no cost to users.
The regulations also mean that the sale of electricity generated by individuals, organs of state or private institutions to Eskom or municipal distributors will be facilitated.
Eskom will also import electricity from neighbouring countries and conclude these contracts speedily and on a negotiated basis. This will be in accordance with emergency procurement procedures.
Furthermore, steps will also be taken to facilitate international assistance aimed at alleviating, containing or minimising the national state of disaster.
Other plans include:
– Minimising the impact of load shedding on livelihoods, the economy, policing functions, national security, security services, education services, health services, water services, food security, communications and municipal services;
– Reducing and managing the impact of load shedding on service delivery to support life-saving and specified essential infrastructure; and
– Providing measures to enable the connection of new generation of electricity and improve Eskom’s plant performance.
Under the regulations, Cabinet ministers can issue directions within their area of focus to address the current electricity shortfall and prevent a worsening energy situation. Ministers can support specific areas where “protection” is required, such as critical water infrastructure and health facilities.
The regulations enable emergency procurement in line with the Public Finance Management Act, Municipal Finance Management Act and Preferential Procurement Policy Framework Act.
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Accounting officers will still be required to report at regular intervals to the Auditor-General on expenditure incurred in implementing regulations.
Similarly, the regulations require regular reporting to Parliament on these expenses.
Minister in the Presidency Mondli Gungubele said the government was confident that the regulations would provide the extraordinary measures required to deal with South Africa’s energy constraints.
“These regulations come into operation on the date of publication in the Government Gazette. The development of the regulations is the result of extensive consultations between key role players across all spheres of government. It represents the best available options appropriate to the situation the country finds itself in and within the limited available resources available to address our energy challenges,” he said.
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