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Overview

An Independent Power Producer (IPP) in South Africa requires several licenses and permits to legally generate and sell electricity.

 

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Environmental Authorisation

IPPs are required to attain environmental authorisations before they can build their facilities. There are environmental impacts which can be best done through an Environmental Impact Assessment (EIA) and the formulation of an Environmental Management Programme (EMPr).

An Environmental Assessment Practitioner (EAP) registered with the Environmental Assessment Practitioners Association of South Africa (EAPASA) is required to conduct the Environmental Impact Assessment process. The EAP will also be able to advise on what type of other authorisations will be required and the processes that needs to be followed.

  • Type of authorisation

    Environmental Authorisation

    • South African Heritage Resources Agency
    • Decisions in terms of section 38(1) of the NHRA and Statutory Comments in terms of 38(8) of the NHRA
  • Issuing Authority

    Department of Art, Sports and Culture

    • Heritage Western Cape (HWC) - Western Cape Province;
    • Eastern Cape Provincial Heritage Resources Authority (ECPHRA) - Eastern Cape Province;
    • The KwaZulu-Natal Amafa and Research Institute (AMAFA) - Kwa-Zulu Natal Province; and
    • The South African Heritage Resources Agency (SAHRA) on behalf of PHRAs in the following provinces:
      • Northern Cape Province
      • North West Province
      • Free State Province
      • Gauteng Province
      • Limpopo Province
      • Mpumalanga Province

    All development applications located within Declared National Heritage sites and below the High-Water mark must be submitted to SAHRA

    All permit applications in terms of section 34 of the NHRA must be submitted to the relevant PHRA per province

  • Applicable Legislation

    National Heritage Resources Act 1999 (act 25 of 1999)

    KwaZulu-Natal Amafa and Research Institute Act (5 of 2018)

    DOWNLOAD PDF

  • Water

    www.sahra.org.za

    www.amafainstitute.org.za

    www.hwc.org.za

    www.ecphra.org.za

  • Online Application

    For SAHRA, AMAFA and ECPHRA applications only

  • Cost

    R2,000 for SAHRA - 38 (8)

    R800 for SAHRA - 38 (1) NID

    R2,000 for SAHRA - 38 (1) HIA

    * details for payment to SAHRA only. (Provinces differ)

    Details

  • Turnaround times

    SAHRA – 30 calendar days as per NEMA EIA Regulations  

    SAHRA – 38 (1) NID 14 calendar days as per NEMA EIA Regulations  

    SAHRA – 38 (1) HIA approx. 30 calendar days as per NEMA EIA Regulations

  • Applicant

    Environmental Assessment Practitioner Must be registered with the Environmental Assessment Practitioners Association of South Africa

    The appointed Heritage Practitioner may also submit the application (no registration requirements currently exist for the Heritage Practitioners)

  • Application form

    Please note that SAHRIS (South African Hertitage Resource Information System) is only used by SAHRA, AMAFA and ECPHRA. HWC must be consulted for their application form

  • Checklist

    DOWNLOAD CHECKLIST

    Please note the checklist is only relevant for SAHRA and AMAFA applications. ECPHRA and HWC must be consulted for their application checklist

  • Conceptual Process

     

    Please note that the process is only relevant for SAHRA. Please consult with the other three PRHAs for their process

Obstacles and Interferences

IPP facilities that may be deemed to be an obstacle or interference to State-Owned equipment may require authorisations. For example, a solar farm in a flight path may require an authorisation and may have to provide “glint and glare” studies. Another example may be a wind farm that could obstruct radar equipment.

The authorisation is based specifically on an application. Any changes to the design may render the approval void, for example, changes to the location, height or the length of a turbine.

Land Use Consents

The IPP may require various land use consents for their facilities depending on the location. This may range from the Department of Mineral Resources; Department of Agriculture, Land Reform and Rural Development; Provincial and Local Authorities.

  • Type of authorisation

    Subdivision of Agricultural Land Act (SALA)

  • Issuing Authority

    Department of Agriculture, Rural Development and Land Reform

  • Applicable Legislation

    Agricultural Land Act, 70 of 1970

  • Website

    http://www.dalrrd.gov.za/

  • Online Application

    No, physical hard copy handed in at Room 252 Delpen Building, Corner of Annie Botha and Union Street, Riviera, Pretoria

  • Turnaround times

    30 calendar days     

  • Applicant

    Independent Power Producer / Developer

  • Cost

    Initially when an application is lodged, there is no fee. However, if the application was not supported by the committee and the applicant wants to appeal to the Minister, then there is a need to pay R 7,128.00 (refunded if appeal is successful)

  • Application Form

    Download

  • Downloads

    Checklist

    Guidelines

    Process

  • Checklist
    • Covering Memo clarifying intended use
    • Copy of Title Deed
    • Rezoning Permit/Consent Use for RE, only required after the application but must be obtained from the Municipality
    • 1:50000 Locality map
    • Power of attorney confirming that the company has been appointed by the owner to lodge an application, if not farm owner
    • Lease Agreement Agri-01-004 Form
    • Layout Planv
    • Replies from other departments?
    • Company resolution (Directors are aware)
    • Soil Survey Report: identification of soil type etc (SACNASP Professional)
  • Conceptual Process

    process map

  • Servitude approval by Department of Public Works and Infrastructure (DPWI)

    IPPs are required to obtain approval from DPWI before they can build their facilities. There are various steps to be followed by the IPP prior to DPWI granting approval for servitudes over State land under its custodianship.

  • Type of authorisation

    Approval for the disposal of State land under DPWI custodianship for energy-related land use purposes e.g. servitudes.

  • Issuing Authority

    Minister of Public Works and Infrastructure:

    • Issuing approval for the required servitude;
    • Approval of the compensation amount due to DPWI.Director-General of Public Works and Infrastructure:
    • Approval of Servitude Framework Agreements;
    • Granting a Permission to Occupy and Build (PTOB);
    • Availing title deed pertaining to the affected land;
    • Registration of the applicable servitude;
    • FICA documents for compensation payment purposes.
  • Applicable Legislation

    State Land Disposal Act 48 of 1961; Land Affairs Act 101 of 1987; Deeds Registry Act 47 of 1937; Government Immovable Asset Management Act 19 of 2007; DPWI Disposal Policy.

  • Website

    DPW website

  • Online Application

    No

  • Cost

    No application cost; Compensation payment by the IPP applies to the servitude, including registration thereof.

  • Turnaround times

    Consideration of request,

    Compilation of feasibilities and due diligences;

    Determination of property market value, rental and/ or compensation;

    Ministerial approval.

    Total = 90 calendar days

    Registration of Servitudes through the State Attorney may take up to 90 days

  • Applicant

    DMRE-approved IPP

  • Application Form

    Formal letter of request addressed to the Director-General of the Department, inter alia, supported by:

    • IPP Letter of request to DPWI with full motivation and supporting documents;
    • Pre-application meeting and minutes;
    • Contact details of IPP representative and mandate to transact with DPWI;
    • Comprehensive description on the type of service that is being provided (Business Case);
    • Strategic Infrastructure Project designation;
    • Project Schedule 
    • Locality Map;
    • Legal property description (as per Deeds Office records);
    • Draft diagram for the required servitude;
    • Colour diagrams illustrating the full servitude layout;
    • Draft Servitude Framework Agreement;
  • Downloads

    None at present

  • Pre-engagement

    Applicant to request an initial meeting with DPWI

  • Checklist
    • IPP Letter of request to DPWI with full motivation and supporting documents;
    • Pre-application meeting and minutes;
    • Contact details of IPP representative and mandate to transact with DPWI;
    • Comprehensive description on the type of service that is being provided (Business Case);
    • Strategic Infrastructure Project designation;
    • Project Schedule
    • Locality Map;
    • Legal property description (as per Deeds Office records);
    • Draft diagram for the required servitude;
    • Colour diagrams illustrating the full servitude layout;
    • Draft Servitude Framework Agreement;
  • Conceptual Process

    Refer to attachment provided for graphic process flow

Roads Authorisations

The IPP may require authorisations for the transportation of large goods on the national, provincial and local roads. The South African National Roads Agency Limited has the SANRAL Act which may impact the IPPs development of its facility such as encroachment, access and subdivision.

Energy, Grid Connections and Wheeling

  • 1transnet
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    agri
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