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ELECTRICITY REGULATIONS FOR EXPROPRIATION ON BEHALF OF A LICENSEE

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This document outlines the legal regulations and procedures for the expropriation of land or land rights on behalf of an electricity licensee in South Africa, as established under the Electricity Regulation Act 4 of 2006.

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  • A licensee seeking state expropriation of land or land rights must submit a written application to the Minister of Public Works. This application must include a full description of the land, the reasons why the licensee requires it, a motivation for how the facilities will enhance electricity infrastructure in the national interest, and a justification for why the expropriation is in the public interest according to section 25(2) of the Constitution.
  • Before applying for expropriation, the licensee is required to publish a notice of intention in the Government Gazette and in two newspapers of different languages circulating in the affected area. The notice must be in English and another official language common to the area, providing a description of the land and the intended scheme, and allowing interested parties at least 21 days to submit written objections.
  • The licensee must provide specific documentation to the land owner, the Regional Land Claims Commissioner, and the Director General: Land Affairs. This includes a copy of the application, the notice of intention, and the regulations. The Regional Land Claims Commissioner and Director General: Land Affairs have 21 days to comment on any land claims or unregistered rights that may be affected.
  • The final application to the Minister of Public Works must be accompanied by proof of advertisements and delivery of documents, as well as any objections, comments, and the owner's reply. A copy of this complete package must be delivered to the Minister (of Minerals and Energy) within seven days, who then has 21 days to provide comments to the Minister of Public Works.

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APA
Centre for Environmental Rights (2008). ELECTRICITY REGULATIONS FOR EXPROPRIATION ON BEHALF OF A LICENSEE. https://cer.org.za/wp-content/uploads/2006/08/Electricity-Regulations-for-Expropriation-on-behalf-of-a-Licensee.pdf?x21779
Chicago
Centre for Environmental Rights. ELECTRICITY REGULATIONS FOR EXPROPRIATION ON BEHALF OF A LICENSEE. 2008. https://cer.org.za/wp-content/uploads/2006/08/Electricity-Regulations-for-Expropriation-on-behalf-of-a-Licensee.pdf?x21779.
Wikipedia
{{cite report |author=Centre for Environmental Rights |title=ELECTRICITY REGULATIONS FOR EXPROPRIATION ON BEHALF OF A LICENSEE |date=8 February 2008 |url=https://cer.org.za/wp-content/uploads/2006/08/Electricity-Regulations-for-Expropriation-on-behalf-of-a-Licensee.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{centreforenvironmentalrights2008electricity, author = {{Centre for Environmental Rights}}, title = {{ELECTRICITY REGULATIONS FOR EXPROPRIATION ON BEHALF OF A LICENSEE}}, institution = {Centre for Environmental Rights}, year = {2008}, month = feb, url = {https://cer.org.za/wp-content/uploads/2006/08/Electricity-Regulations-for-Expropriation-on-behalf-of-a-Licensee.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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