Green Connection - www.thegreenconnection.org.za

SA RENEWABLE ENERGY

WORKING GROUP

Submission in response to the National Energy Bill

Renewable Energy Working Group

July 2008

Agenda

• Context of the bill

1.Definitions

2.Energy supply, optimisation and utilisation

3.NEMIA

4.Integrated Energy Planning

5.SANEDI

6.Other

Context

• 1998 – Energy White Paper

• 1997 world wind 7200MW

• 2008 – National Energy bill

• March 2008 world wind – 100 000MW

Solar pv doubled capacity every 2 years

South Africa

South Africa

Opportunity

• Enabling legislation for renewable energy, and energy efficiency

• Robust energy analysis to inform policy

• Transparency • Participation/

accountability

• Facilitate Sustainable Development

• Provide affordable energy services to all South Africans

• Moral imperative - hold the earth in trust for future generations

Production Cost of renewables vs cost of non-renewables

Source: Banks D and Schäffler J (2006)

Minister

NEMIA

SA NEDI

DME

Board

Renewable Energy Division

Energy Efficiency Division

Energy Research and development

Division

CEF

NEEA SANERI

CEO

Ad hoc committee

Administrator

Chapter 1

Definitions:

• Energy security• A reliable supply of affordable energy.

• Energy efficiency• a reduction in the energy used for a given service

(heating, lighting, etc.) or level of activity.

NEMA definitionsInclude sustainable development (use NEMA definition)• "sustainable development" means the integration of

social, economic and environmental factors into planning, implementation and decision making so as to ensure that development serves present and future generations;

• "commercially confidential information" means commercial information, the disclosure of which would prejudice to an unreasonable degree the commercial interests of the holder: Provided that details of emission levels and waste products must not be considered to be commercially confidential notwithstanding any provision of this Act or any other law;

Chapter 1Objects:• a) “uninterrupted” “sustainable”• g) “promote evidence driven --?? - support

policy formulation• h) optimal – sustainable

– Demand - ? – Ecologically sustainable development

• k) commercialise – is this the aim?• l) ensure? “support”• m) “economy”

Chapter 2

• Section 3.2 remove

• 3.3 in the public domain must be put in the public domain subject to the provisions of PAIA.

• 4.1 – consult with Health minister

• 4.1 “minimise”

• So that negative safety.....carriers (or sources) are avoided, or, where they cannot be altogether avoided, are minimised and remedied;

Chapter 2

• 4.2.a) colouring

• 4.2 d) low smoke fuels

• 4.2.e) specified areas

• 4.2.g/h remove (g) and change (h) to “all”

• 5.2. a. “Suitability” - sustainability

Chapter 3

• 8. (b) and (c) duplication

• 8 i – “in a manner prescribed”

8.2

• efficient use of energy

• external costs of comparative energy sources/carriers

• Consumption/ energy use patterns

Chapter 3

• 9. do we need such detail in legislation

• 9.8 – “market related” remuneration in line with government salaries

• 9.9 - add – international energy trends, context,

• 9.9b (i) environmental modelling

• 9.9 b (iv) publish in peer reviewed journals

• 9.9 d - remove

Chapter 3

• 10 – replace with relevant piece from other legislation – eg stats act

Statistics act

• (6) The Statistician-General may be removed from office by the President only—

• (a) on the grounds of—• (i) incapacity:• (ii) misconduct;• (iii) incompetence;• (iv) declaration as an insolvent, or• (v) conviction of an offence and sentence to a term of

imprisonment without the option of a fine; and

Chapter 3

• 11. a) robust research must take into account international trends, critiques of policy from non-govt sources etc

• c) “proven” or “near proven” • d) “bound”• f) “proven and generally acceptable”• 11. – move to 8. functions and operating principles

should be adjacent• 11.3 “sectoral influences” – subject to peer review

Statistics ActPurpose of official statistics, and statistical principles3. (1) The purpose of official statistics is to assist organs of state, businesses,

other organisations or the public in—(a) planning;(b) decision-making or other actions;(c) monitoring or assessment of policies, decision-making or other actions.

(2) Official statistics must protect the confidentiality of the identity of, and theinformation provided by, respondents and be—

relevant, accurate, reliable and timeous; objective and comprehensive; compiled, reported and documented in a scientific and transparent manner; disseminated impartially; accessible; in accordance with appropriate national and international standards and classifications; and sensitive to distribution by gender, disability, region and similar

socioeconomic features.

Chapter 3

• 12. is this really necessary?

• 12 (e) act in manner.... [ except in terms of salary received]

• 13.2 - add in report made to parliament

• 14. “appropriate” – who decides

• Funding – see other legislation

Statistics Act 7.2.c

• furnish the Minister and the Council each year with a report in respect of the activities of Statistics South Africa during that year, which report the Minister must as soon as possible table in Parliament;

National Research Foundation section 17

Funds of Foundation17. (1) The funds of the Foundation consist of—(a) money appropriated by Parliament;(b) money paid to the Foundation by users of the national

facilities and of products of national facilities;(c) donations or contributions made to the Foundation;(d) fees paid to the Foundation in terms of subsection (4);(e) interest on investments of the Foundation; and(f) income derived from any other source.

Chapter 4

• Cannot do 25 year plan and review on annual basis

• Rather integrate into govt planning cycles such as IDP reviews or MTEF.

Chapter 5

• 17 – bring sections establishing different juristic bodies to this section.

• 18.2 civil society and labour representation

• Dept of Health representative

• Examples from other legislation – research and information collation

Statistics Act Section 8• (2) The Council must consist of not less than 18 and not more than 25

members—• (a) with relevant professional proficiency and interest;• (b) broadly representative of groups or interests concerned with the

production and use of official statistics, incIuding—• (i) organs of state;• (ii) producers of statistics;• (iii) organised business and labour;• (iv) specialist and research interests, including statistics and information • technology;• (v) economic and financial interests;• (vi) demographic and social interests, including rural, gender and disability• interests; and• (vii) the public, including non-governmental, private, civic and other • organisations; and

National Research Foundation section 4

The members referred to in subsection (1)(a) are appointed in their personal capacities, but the Minister must ensure that they are broadly representative of the following sectors:

• (a) Tertiary education;• (b) business;• (c) agricultural and environmental sciences;• (d) health sciences;• (e) natural sciences and engineering;• (f) social sciences and humanities;• (g) civil society.

Chapter 5

• 23 – move definitions to definition section• 27.2.b – Trecs – put with other definitions• 27.3 – add in specifically FIT• 27.6 – Where is current REFSO?• “procedures manual”?• 28.2 increase energy efficiency through

implementation of measures as directed b the minister

• Ensure sustainable use of

Chapter 5

Undertake Energy Efficiency measures that will lead to • a reduction in the energy used for a given service

(heating, lighting, etc.) or level of activity.

• Such measures could include technological changes, or better organisation and management or improved economic conditions in the sector .

Chapter 5

• 30.3. – use of public funds to effect private intellectual property rights – conflict?

• 30.4. – all research should be peer reviewed

• 30.5 – include relevant ministers depending on research topic?

Chapter 6 and 7

• 32. applicability to electricity? Solar sources?

• 34 move to chapter 2

Concluding remarks

• Incorporate sustainable development into the wording of the law where appropriate

• Use sections from other laws to tighten up and streamline existing draft

• Ensure public accountability and peer review mechanisms

• Avoid duplication of scarce resources