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This is the latest version of this By-law.
Gas Licence By-law, 2000
- Published in Gauteng Provincial Gazette no. 57 on 31 May 2000
- Commenced on 31 May 2000
- [Up to date as at 16 November 2020]
PreambleThese by-laws provide for the development and maintenance of sustainable, efficient and affordable gas supply services by licensees within * the municipal boundary from time to time of the Greater Johannesburg Transitional Metropolitan Council.
1. DefinitionsIn these by-laws, unless the context otherwise indicates"charge" means the amount in rands to be paid by a consumer for the supply of gas or any related amount, deposit or penalty for which a consumer may be liable;"consumer" means a person who purchases or receives gas for consumption and not for delivery or resale, unless by agreement with a licensee, and includes a person who owns or occupies premises to which gas is supplied;"Council" means the Greater Johannesburg Transitional Metropolitan Council established in terms of the Local Government Transition Act, 1993 (Act 209 of 1993) or its successors-in-title and includes the Chief Executive Officer from time to time thereof and any other duly authorised official of the Council who has been delegated any powers, functions and duties necessary to give effect to these by-laws and decide upon and administer the matters referred to herein;"distribution" means the transportation of gas through distribution pipelines and associated facilities to points of ultimate consumption for the purpose of trading in gas, and any other activity incidental thereto, and "distribute" and “distributing" have corresponding meanings;"distribution pipelines" means the pipelines, associates facilities and any other infrastructure necessary for the distribution of gas;"gas" means any synthetic or natural product containing hydrocarbons which at an ambient temperature of 15°C (fifteen degrees Celsius) and at 1 (one) atmosphere of pressure is in a gaseous state, and is transported through a distribution pipeline;"grantee" means a person granted special permission by the Council in terms of section 7(1);"licence" means a licence granted by the Council under these by-laws for the supply of gas within a licence area;"licence area" means the geographical area within the municipal boundary where a licensee is permitted to supply gas;"licensee" means a person granted a licence;"market power" means the power of a licensee to raise charges consistently and significantly above the level that would prevail in a competitive market`"municipal boundary" means the municipal boundary of the Council as determined under the Local Government Transition Act, 1993 (Act 209 of 1993) and any notice thereunder or as determined or redetermined under the Municipal Demarcation Act, 1998 (Act 27 of 1998), as and when it comes into operation."storage" means the holding of gas piped into a storage facility for the transmission and distribution thereos at a later stage, and any of activity incidental thereto, and "store" and storing" have corresponding meanings;"supply" means transmission, storage, distribution or trading, and “supplier", "supplied" and "supplying" have corresponding meanings;"trading" means the sale of gas, excluding gas derived irom an LPG source, as a commodity to consumers by a licensee or grantee and includes any services or conditions associated there with; and"transmission" means transportation of bulk supplies by pipeline from a source of supply to a distributor or storage company, and any activity incidental thereto, and "transmit" and "transmitting" have corresponding meanings.
2. Licence Requirement
3. Licence ApplicationApplications for a licence to supply gas shall be in writing on a form prescribed by the Council and shall be considered by the Council having regard to the following:
4. Licence Terms and Conditions
5. Determination, Approval and Publication of Tariffs and Related Charges
6. General Obligations of a Licensee or GranteeAny licensee or grantee shall comply with any requirement or condition imposed by the licence or special permission (including amendments thereto), and any requirement imposed by legislation or regulation at municipal, provincial or national level including any requirement related to environmental protection, sustainable energy use and human health and safety.
7. Preservation of RightsAny person which supplies gas within the municipal boundary may continue supplying gas to its existing consumers after these by-laws come into force, even if such consumers are located in the licence area of an exclusive licence, provided that it shall:
History of this By-law
31 May 2000 this versionPublished in Gauteng Provincial Gazette no. 57By-law commences.