Abstract
South Africa is an energy-intensive country. The inefficient use of, mostly, coal-generated energy is the cause of South Africa’s per capita contribution to greenhouse gas emissions, pollution and environmental degradation and negative health impacts. The inefficient use of the country’s energy also amounts to the injudicious use of natural resources. Improvements in energy efficiency are an important strategy to stabilise the country’s energy crisis. Government responded to this challenge by introducing measures such as policies and legislation to change energy consumption patterns by, amongst others, incentivising the transition to improved energy efficiencies. A central tenet underpinning this review is that the law and energy nexus requires a multidisciplinary approach as well as a multi-pronged adoption of diverse policy instruments to effectively transform the country’s energy use patterns. Numerous, innovative instruments are introduced by relevant legislation to encourage the transformation of energy generation and consumption patterns of South Africans. One such innovative instrument is the ISO 50001 energy management standard. It is a voluntary instrument, to plan for, measure and verify energy-efficiency improvements. These improvements may also trigger tax concessions. In this paper, the nature and extent of the various policy instruments and legislation that relate to energy efficiency are explored, while the interactions between the law and the voluntary ISO 50001 standard and between the law and the other academic disciplines are highlighted. The introduction of energy-efficiency measures into law requires a multidisciplinary approach, as lawyers may be challenged to address the scientific and technical elements that characterise these legal measures and instruments. Inputs by several other disciplines such as engineering, mathematics or statistics, accounting, environmental management and auditing may be needed. Law is often described as the catalyst for change, building bridges between different academic disciplines, and driving behavioural changes that are not only enforced by government, but that are also voluntarily adopted by the users themselves.
Highlights
Each day South Africans are bombarded with images and messages in printed and electronic media challenging them to reduce their energy consumption and to introduce energy-efficiency measures in their households and workplaces
The importance of energy efficiency was again reiterated by the member states at Rio+201 with the following declaration: We recognize that improving energy efficiency, increasing the share of renewable energy and cleaner and energy-efficient technologies are important for sustainable development, including in addressing climate change. ...We recognize the importance of promoting incentives in favour of, and removing disincentives to, energy efficiency and the diversification of the energy mix, including promoting research and development in all countries, including developing countries
These definitions are not included in the National Energy Act or the Electricity Regulation Act and if energyefficiency measures are to be introduced in South Africa, which is the case in relation to tax measures, the question is whether these definitions should not be included in the legislation
Summary
Each day South Africans are bombarded with images and messages in printed and electronic media challenging them to reduce their energy consumption and to introduce energy-efficiency measures in their households and workplaces. Engineers and developers, for example, should take note of these energy-efficiency measures that are contained in both law and voluntary instruments when designing, developing and implementing new technologies and infrastructure and managing existing processes and facilities They should take note of the potential interactions between the voluntary standard, as well as policies and legislation to guide and change their behaviour by contributing to an improved energy future. ‘Significant energy use’ refers to ‘energy use accounting for substantial energy consumption and/or offering considerable potential for energy performance improvement’[2] These definitions are not included in the National Energy Act or the Electricity Regulation Act and if energyefficiency measures are to be introduced in South Africa, which is the case in relation to tax measures, the question is whether these definitions should not be included in the legislation. It is necessary to determine if a policy framework is in place to introduce energy efficiency
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