This is the version of this Government Notice as it was from 29 November 2019 to 7 July 2021. Read the latest available version.
Taxonomies
Related documents
South Africa
Carbon Tax Act, 2019
Regulations under section 19 of the Carbon Tax Act, 2019
Government Notice 1556 of 2019
- Published in Government Gazette 42873 on 29 November 2019
- Commenced on 1 June 2019
- [This is the version of this document as it was from 29 November 2019 to 7 July 2021.]
Part I – Definitions
1. Definitions
In these regulations, unless the context otherwise indicates, any word or expression to which a meaning has been assigned in the Carbon Tax Act bears the meaning so assigned; and—"administrator" means an administrator designated in terms of regulation 5;"approved project" means—(a)a CDM project;(b)a VCS project;(c)a Gold Standard project; or(d)a project that complies with another standard approved by the Minister of Energy or delegated authority;"attestation of voluntary cancelation" means a document issued by the CDM, VCS or Gold Standard certifying that a carbon credit has been cancelled for the purpose of being used in the South African carbon tax offset scheme;"cancellation of carbon credit" means the permanent removal of a carbon credit from circulation in the CDM, VCS or Gold Standard registry system for purposes other than retirement;"Carbon Tax Act" means the Carbon Tax Act, 2019 (Act No. 15 of 2019);"CDM" means the Clean Development Mechanism as defined in the Kyoto Protocol to the United Nations Framework Convention on Climate Change;"CDM project" means a project—(a)that has been registered as contemplated in paragraph 36 of the Modalities and procedures for a clean development mechanism as contained in the Annex to Decision 3/CMP.1 in Part Two of the Addendum to the Report of the Conference of the Parties serving as the meeting of the Parties to the Protocol to the United Nations Framework Convention on Climate Change adopted at the third session of the Conference of the Parties to the United Nations Framework Convention on Climate Change in Kyoto, Japan, on 11 December 1997 on its first session, held at Montreal from 28 November to 10 December 2005 (FCCC/KP/CMP/2005/8 Add.1); and(b)in respect of which a letter of approval as contemplated in regulation 7(3) of the National Environmental Management Act, 1998 Regulations for the establishment of a designated national authority for the Clean Development Mechanism (Government Notice No. R.721 published in Government Gazette No. 27788 of 22 July 2005) has been issued;"extended letter of approval" means a letter issued by the administrator confirming that a project qualifies in respect of creating an offset;"Gold Standard" means the Gold Standard and Certification Body, a non-profit organisation established in 2003;"Gold Standard project" means a project that complies with the requirements set out in "Revised Annex C: Guidance on Project Type Eligibility" issued by the Gold Standard;"list" means the entry of an offset in the offset registry;“listing confirmation” means a confirmatory document issued in accordance with regulation 9(g);"offset" means an avoidance, a reduction or a sequestration of carbon dioxide equivalent (CO2e) emissions recognised in terms of an approved project;"offset owner" means a person that owns an offset, whether by generating that offset by means of a CDM project, a Gold Standard project or a VCS project or by purchasing that offset from another person;"offset registry" means the offset registry created by regulation 6;"retire" means when an offset is used for the claiming of the allowance and that offset is permanently removed from the offset registry by the administrator;"sequestrate" means the process of storing a greenhouse gas or increasing the carbon content of a carbon reservoir other than the atmosphere;"VCS" means the non-profit non-governmental association, the Verified Carbon Standard;"VCS project" means a greenhouse gas reduction program voluntarily entered into that is registered on the VCS project database in respect of which a verified carbon unit is issued;"VCS project database" means the central VCS project database to which the VCS registry system is able to connect; and"VCS registry system" means the platform where offsets are assigned unique serial numbers for the purposes of tracking the VCS project in respect of that offset.Part II – Eligibility
2. Allowance of offset in respect of an approved project against carbon tax liability
3. Offset creation and utilisation period
Part III – Non-eligibility
4. Limitation on allowance
Part IV – Administrator
5. Designation of administrator
The Director-General of the Department responsible for Energy or an official employed in the Clean Energy branch of the Department of Mineral Resources and Energy to whom the Director General may delegate exercise of power and discharging of responsibilities conferred by these regulations must act as administrator for the purpose of these Regulations.Part V – Offset registry
6. Creation of offset registry
7. Maintaining, overseeing of offset registry and access to offset registry
The administrator must—Part VI – Claiming of allowance
8. Procedure for claiming allowance by taxpayer
A person that claims the allowance must—9. Duties of administrator for purpose of claiming of allowance by taxpayer
The administrator must—Part VII – Requirement for documents
10. Requirements for extended letter of approval
An extended letter of approval must contain—11. Content of certificate
The certificate issued by the administrator as contemplated in regulation 8 must contain—12. Retaining and validity of certificate
Part VIII – Miscellaneous
13. Short title and commencement
These regulations are called the Regulations on carbon offsets under section 19 of the Carbon Tax Act and are deemed to have come into operation on 1 June 2019.History of this document
03 May 2024
08 July 2021
29 November 2019 this version
01 June 2019
Commenced
Cited documents 3
Legislation 3
1. | Income Tax Act, 1962 | 1591 citations |
2. | Electricity Regulation Act, 2006 | 304 citations |
3. | Carbon Tax Act, 2019 | 17 citations |