The National Greenhouse Gas Emission Reporting Regulations require various emitters (so-called data providers) to provide information about their emissions. The data providers are classified as falling into either  Category A or B.

Category A are essentially members of industry. The list of identified industries is very lengthy (5 pages in the Government Gazette copy) and therefore too detailed to reproduce here. Category B are organs of state, research or academic institutions which hold greenhouse gas emission data or activity data relevant for calculating greenhouse gas emissions relating to a category identified in Annexure 1.

Category A data providers are required to register on the National Atmospheric Emission Inventory System (NAEIS). This also applies to persons commencing an activity set out in Annexure 1. In cases where the NAEIS is unable to meet the registration requirements, the registration must be done by submitting the information specified in Annexure 2 in an electronic format to the competent authority (ie. National Inventory Unit based at the National Department of Environmental Affairs).

Category A data providers must submit the greenhouse gas emissions and activity data as set out in the Technical Guidelines for Monitoring, Reporting and Verification of Greenhouse Gas Emissions by Industry for each of the relevant greenhouse gases and IPCC emission sources specified in Annexure 1 for all of its facilities and in accordance with the data and format requirements specified in Annexure 3 for the preceding calendar year, to the competent authority by 31 March of each year.

A Category B data provider must submit emissions and activity data collected that is related to the relevant activity or activities set out in Annexure 1 and in accordance with the format and data requirements as specified in Annexure 3 when requested by the competent authority.

The reporting must be done on the NAEIS. In cases where the NAEIS is unable to meet the reporting requirements, the reporting must be done by submitting the information specified in Annexure 3 in an electronic format to the competent authority.

Category A data providers must define the reporting boundaries based on operational control. They further have to include greenhouse gas emissions from normal operating conditions and upset conditions including start-up and shut-down and emergency situations over the reporting period. Monitoring and reporting must be complete and cover all process, fugitive and combustion emissions from all greenhouse gas emission sources and source streams belonging to activities listed in Annexure 1, taking into account the capacity thresholds specific to the different activities as listed in Annexure 1.

Category A data providers must determine the emissions to be reported according to the tiers specified for the relevant categories in Annexure 1 using the methods set out in the Technical Guidelines for Monitoring, Reporting, Verification and Validation of Greenhouse Gas Emissions by Industry. Where a data provider reasonably believes that any emission factor referred to in the Guidelines for a particular activity is not appropriate under the specific conditions of greenhouse gas emission, such provider may make a submission to the competent authority by providing the information set out in Annexure 4 requesting a review of the applicable emission factor.

The competent authority must assess, in accordance with the assessment procedures in the Guidelines, the data submitted by Category A data providers within 60 days after the submission date. If, after the assessment, the competent authority reasonably believes that the information may not be transparent, complete, or correct, the competent authority may instruct a data provider to verify and validate the information submitted, and to provide the supporting information required to substantiate the submission within 60 days. Should there still be insufficient information the competent authority may either conduct on-site facility or installation specific verification and validation of emissions estimated using the methods as set out in Guidelines and/or require verification by an independent assessor.

The competent authority may only place data and information reported in the public domain if it does not:

  • promote unfair competition in terms of the Competition legislation
  • contravene section 36 of the Promotion of Access to Information Act, 2000, or
  • contravene section 17 of the Statistics Act, 1999A data provider may for a transitional period of up to five years from the date of commencement of the Regulations apply lower tiers than those referred to in Annexure 1, with tier 1 method being the minimum.Offenders are liable in the case of a first conviction to a fine not exceeding R5 million and/or imprisonment for a period not exceeding five years, and in the case of a second or subsequent conviction to a fine not exceeding R10 million and/or imprisonment for a period not exceeding 10 years.