DEPARTMENT OF MINERALS AND ENERGY: LEGISLATION
DEVELOPMENT PLAN, 30 OCTOBER 2002
BILLS |
Principles/issues that Bill aim to address |
How Bill aim to enhance Department’s policy objectives |
When will Bill be presented to parliament |
Urgency and reasons for the urgency |
ESI Regulatory Bill |
It also aims to deal with issues relating to the introduction of competition in the electricity supply industry |
The Bill is a translation of some of the policy objectives contained in the Energy White Paper, which amongst others provides for introduction of competition and Independent Power Producers (IPPs) in the electricity supply industry (ESI). |
2ND QUARTER OF 2003 |
Urgent in that whilst the industry is being restructured, there is a need for a regulatory framework to be in place |
REDs Establishment Bill |
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The Bill is a tool through which objectives of the Energy White Paper in terms of EDI Restructuring will be realised |
2ND QUARTER OF 2003 |
Urgent. To ensure the sustainability of the electricity distribution industry. Also to give impetus to the rollout of social infrastructure through the national electrification programme. |
Petroleum Pipelines Bill |
To establish a national petroleum pipeline regulator as the custodian and enforcer of the national regulatory framework |
Bill is part of managed liberalisation off the liquid fuels industry |
Cabinet approved for submission to Parliament on 9 October 2002. Currently awaiting certification from State Law Advisors |
Urgent. Delay will allow continuation of certain non-market tariff elements. |
Petroleum Products Amendment Bill |
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It will enable the process of managed liberalisation. It will also enable collection of data. |
Cabinet has approved it for submission to Parliament. State Law Advisor advises that a new Bill be drafted, not an Amendment Bill. Currently under discussion with State Law Advisor. |
Urgent. The service station rationalisation plan has expired and industry in a regulatory limbo. Sasol has given notice on "Upliftment Agreement" and Competitions Commission has granted till December 2003. |
Energy Bill |
To promote legal framework for energy sector in the country To provide for the promotion and implementation of integrated energy planning and integrated resource planning To provide for the utilisation of environmentally sound energy sources, conversion and utilisation to ensure a healthy and safe environment. To provide for generic matters connected with the safe, optimum and clean supply, conversion and utilisation of energy |
The major components of that policy have been implemented through Acts promulgated and Bills currently in preparation. The remainder of the components of the energy policy are addressed in the draft Energy Bill. |
First draft completed 31 July 2002. |
Routine. Bill to implement remainder of the policies of the White Paper of 1998 on Energy Policy that have not been addressed through existing and pending legislation. |
Minerals and Petroleum Resources Development Act |
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It ensures the transformation of the minerals and mining sectors by ensuring equitable access to mineral resources and redress imbalances of the past |
Bill signed into law by President on 4 October 2002. Mining Charter finalised. Awaiting Money Bill which is with National Treasury |
Urgent. Failure to finalise the Money Bill would delay full implementation of the MPRD Act |
Promotion of Minerals Based Beneficiation Industries and Enterprises (formerly known as the Precious Metals and Diamond) Bill |
To control of trade in diamonds and precious metals To promote benecitiation of precious metals and diamonds Access of rough diamonds |
As custodian of national resources, Bill will ensure the orderly promotion of beneficiation. This would in turn meet other objectives of social and economic development of rural communities |
Bill was delayed by the lack of coherent policy to guide the drafting process. |
Urgent. |
Mining Titles Registration Bill |
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Create an environment of certainty for investment |
Bill delayed by a need to reprioritise. Officials responsible for this Bill were also involved in the drafting of the MPRD Act. |
Urgent. This is the foundation for the Mineral and Petroleum Resources Development Act in that it would regulate the mining rights regime once the Act is promulgated. |
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