Background
On 10 April 2026, the Department of Electricity and Energy published draft Regulations under the National Energy Act proposing the mandatory submission of energy data by a wide range of entities. A 60‑day public comment period applies.
Who may be affected
The Regulations propose several categories of data providers (legal entities), including:
- Energy producers, generators, importers and exporters;
- Electricity, gas and petroleum transmission and distribution licensees;
- Energy end users exceeding 160 TJ/year, based on Standard Industrial Classification (SIC) codes;
- Energy‑intensive end users exceeding 400 TJ/year, who will face additional requirements; and
- Manufacturers or importers of household appliances under SIC Group 363.
A single legal entity may fall into more than one category depending on its activities.
Key reporting requirements
Affected entities would be required to submit, among others:
- Legal entity and site information;
- The reporting period (calendar year);
- Annual energy consumption per energy carrier;
- Production or physical output data (where applicable);
- Main energy‑consuming activities;
- For entities above 400 TJ/year, an energy baseline and an energy management plan; and
- For appliance manufacturers/importers, data on appliance energy performance and volumes placed on the South African market.
Reporting timelines
Once the Regulations come into effect:
- Initial submissions will be due within 90 days of the regulations coming into effect, for the preceding calendar year;
- Thereafter, submissions will be required within 60 days of the end of each calendar year (1 January to 31 December); and
- For entities above the 400 TJ/year threshold, an energy baseline and an energy management plan must be submitted within 12 months of the regulations coming into effect, and thereafter an implementation report must be submitted within 90 days of the end of each calendar year (1 January to 31 December).
Areas of uncertainty
Based on an initial review, several aspects remain unclear and are expected to attract comment, including:
- Whether reporting is strictly at legal entity level rather than an operational‑control approach;
- How data already collected by other state organs (for example, under GHG Mandatory Reporting) will be used;
- The treatment of SIC codes, given apparent inconsistencies between the main Regulations and the Annexures;
- What constitutes an acceptable “energy baseline” for high‑consumption entities; and
- The inconsistent use of calendar years and financial years within the regulations, which introduces ambiguity.
Why this matters
For many organisations, these Regulations may introduce a new annual compliance obligation, while for others, they could expand existing reporting requirements. They also present opportunities to align energy data management with broader carbon, energy efficiency and regulatory reporting processes.
Next steps
Clients are encouraged to review the draft Regulations and consider submitting comments during the open consultation period, which ends on 9 June 2026.
We are currently assessing which sectors and thresholds are most likely to be prioritised and how these requirements may interact with existing reporting frameworks.
Should you wish to discuss how these proposed Regulations could affect your organisation, or if you need support with interpreting the requirements or preparing submissions, please contact us.
