ENERGY CRISIS: COMPETITION ACT BLOCK EXEMPTION PROPOSALS

• The Department of Trade, Industry and Competition has called for public comments on proposals for exempting certain energy suppliers and users from provisions in sections 4 and 5 of the Competition Act, 1998, respectively prohibiting restricted anti-competitive horizontal and vertical agreements and practices. Once in force, the exemptions are expected to:
  • promote collaboration between energy and related product and service suppliers (with the aim of increasing and optimising energy supply in the market)
  • reduce the cost of energy supply, and
  • promote collaboration between energy users (with the aim of securing backup/alternative energy supplies, facilitating the optimal and most efficient use of energy, and reducing energy costs).

 

COMPETITION ACT REGULATIONS

• The Department of Trade, Industry and Competition has also called for public comments on draft regulations dealing with:
  • appeals arising from market inquiries before the Competition Tribunal, and
  • processes for determining Competition Commission recommendations for divestiture.

 

NATIONAL FORESTS ACT REGULATIONS

• The Department of Forestry, Fisheries and the Environment has called for input on draft amendments to provisions in the 2009 regulations dealing with the appeals process and proposing:
  • procedures to be followed from the time of an alleged contravention under sub-section 7(5) of the Act (inserted by section 3 of the National Forests Amendment Act, 2022, which is not yet in effect), and
  • steps to be taken when establishing an appeals committee.
• Once in force, subsection 7(5) of the principal Act will set out the process for dealing with activities threatening the survival of indigenous trees or other indigenous vegetation in a natural forest.

 

TAX ADMINISTRATION ACT DISPUTE RESOLUTION RULES

• The South African Revenue Service has gazetted new dispute resolution rules under the Tax Administration Act, of 2011. Repealing the July 2014 rules, they are immediately effective.
• Transitional measures take into consideration and provide for:
  • specific requests in respect of procedural matters taken or instituted under the previous rules but not completed by the commencement date of their repeal and replacement
  • documents delivered under the previous rules, and
  • replies to statements of grounds of appeal before the new rules came into force

 

NUCLEAR ENERGY ACT

• The Department of Mineral Resources & Energy has gazetted regulations under the Nuclear Energy Act with the aim of facilitating the non-proliferation of nuclear material. Immediately in force, the regulations:
  • include:
    • record-keeping and reporting obligations
    • nuclear material measurement and related control requirements, and
    • stockpiling, importing and exporting application and authorisation procedures, and also.
  • provide for exemptions.

 

Prepared by Pam Saxby