Electricity Regulation Act, 2006 (Act No. 4 of 2006) Rules Rules for Conducting Tribunal Proceedings 3. Definitions

 

In these Rules, unless the context indicates otherwise, the following definitions are applicable:

 

Act means the National Energy Regulator Act, 2004 (Act No. 40 of 2004).

 

Allegation means a statement or complaint that a licensee has contravened a licence condition or law relating to the operation or performance of the licenced operation or activity.

 

Answer means a statement by a Respondent to a referral notice, filed with a Tribunal.

 

Applicant means the Energy Regulator.

 

Complainant means a person who makes an Allegation or lodges a complaint with the Energy Regulator against a licensee.

 

Contravention means failure to comply with applicable law and/or a licence condition.

 

Days mean any day of the week, excluding Saturdays, Sundays and public holidays .

 

Deliver means to serve a Respondent with a notice or document, and/or to file a document with a Tribunal.

 

Electricity Regulation Act means the Electricity Regulation Act, 2006 (Act No. 4 of 2006).

 

Gas Act means the Gas Act, 2001 (Act No. 48 of 2001).

 

Governing legislation means the Electricity Regulation Act, Gas Act, and Petroleum Pipelines Act.

 

Intervener means any person who, in terms of Rule 15, has been granted approval to participate in the proceedings before a Tribunal.

 

Person/Party/Parties means a natural and/or juristic person cited as an Applicant or Respondent in proceedings before a Tribunal.

 

Petroleum Pipelines Act means the Petroleum Pipelines Act, 2003 (Act No. 60 of 2003).

 

Public holiday means a public holiday referred to in section 1 of the Public Holidays Act, 1994 (Act 36 of 1994).

 

Referral means the process of initiating proceedings before a Tribunal following a licensee’s failure to comply with a compliance notice issued in terms of a governing legislation, and ‘referred’ has a corresponding meaning.

 

Referral Notice means a notice issued by a Tribunal to a Respondent after receiving an Applicant’s Referral.

 

Regulator Support Unit means a unit within NERSA entrusted with the secretariat of the Energy Regulator business.

 

Reply means a Reply by an Applicant to an Answer.

 

Respondent means any Person against whom relief is sought by an Applicant.

 

Tribunal means a body constituted by the Energy Regulator to decide on the alleged contravention of the provisions of the Electricity Regulation Act, the Gas Act and or the Petroleum Pipelines Act.