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

Notices

Petroleum Pipelines Act: Rules, 20141. Definitions

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In these Rules any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned, unless the context indicates otherwise.

 

"Act"

means the Petroleum Pipelines Act, 2003 (Act No. 60 of 2003) including regulations made in terms thereof;

 

"activity"

means

(a) the construction of petroleum pipelines, storage or loading facilities;
(b) the conversion of infrastructure into petroleum pipelines, storage or loading facilities; and
(c) the operation of petroleum pipelines, storage or loading facilities.

 

"actual design capacity"

means the maximum overfill capacity after the installation of internal features such as the floating roof or blanket.

 

"administrative action"

means administrative action as defined in section 1 of the Promotion of Administrative Justice Act;

 

"adequacy Assessment"

means a process undertaken to verify that all the minimum information as required within the Rules (the Forms) has been submitted and that the information is suitable to enable NERSA to conduct a thorough analysis.

 

"applicant"

as it relates to all applications in terms of these Rules, means the owner of the petroleum pipeline, storage facility or loading facility as contemplated in section 16(1) of the Act;

 

"application Fee"

means the prescribed fee to be paid to the Energy Regulator when lodging an application, as approved, and as may be amended.

 

"authorisation permit"

means a permit issued by the Energy Regulator in terms of these rules;

 

"authorised person"

means a person who has been issued with a valid authorisation permit by the Energy Regulator;

 

"company"

means a company or an external company both as defined in the Companies Act, 2008 (Act No. 71 of 2008);

 

"complainant"

means a person who has submitted a complaint in terms of section 31 of the Act;

 

"complete application"

means an application that meets the minimum information requirements specified in the Act, the Regulations and these Rules.

 

"Conversion"

means a change of existing assets/facility from a non-regulated activity into a regulated activity.

 

"days"

mean calendar days.

 

"Energy Regulator"

means the National Energy Regulator established in terms of section 3 of the National Energy Regulator Act, 2004 (Act No. 40 of 2004);

 

"GPS"

means Global Positioning System;

 

"facility"

means a petroleum pipeline, petroleum storage facility or petroleum loading facility as defined in section 1 of the Act;

 

"licensee"

means a holder of a licence issued by the Energy Regulator in terms of the Act;

 

"operational capacity"

means the allowable safe working capacity after considering the unpumpables and all safety parameters relating to the maximum safe working level of a tank.

 

"person"

means, for the purpose of a licence application, a natural person or a juristic person.

 

"Promotion of Administrative Justice Act"

means the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000);

 

"respondent"

means a licensee who is the subject of a complaint in terms of section 31 of the Act;

 

"tariff application"

means an application for the approval or setting of tariffs or an application to amend an approved or set tariff .

 

"third party"

means any company or person other than the sole or co-owner of the petroleum storage facility, who is interested and/or affected or has access to petroleum facilities.

 

"uncommitted capacity"

means capacity determined by the Energy Regulator that is not required to meet contractual obligations in that it is not utilised by the lessee of the storage facility.