§ 41 — Registers to be kept and maintained by Agency

41.—(1) The Agency must keep and maintain one or more registers, in which is or are entered such particulars as the Agency may determine, for the following:(a)

registered persons;

(b)

reportable facilities of registered persons;

(c)

taxable facilities of registered persons;

(d)

FPCC registry accounts in the Fixed‑Price Carbon Credits Registry;[Act 37 of 2022 wef 01/01/2024]

(e)

ICC registry accounts in the International Carbon Credits Registry.[Act 37 of 2022 wef 01/01/2024]

(2) Without affecting subsection (1), the Agency must enter the following particulars into the register of FPCC registry accounts for each FPCC registry account:(a)

the taxable facility and registered person to which the FPCC registry account relates;[Act 37 of 2022 wef 01/01/2024]

(b)

the number and carbon price of the fixed‑price carbon credits credited into the FPCC registry account, and the date of the crediting;[Act 37 of 2022 wef 01/01/2024]

(c)

the number and carbon price of the fixed‑price carbon credits surrendered by the registered person, and the date of the surrender;[Act 37 of 2022 wef 01/01/2024]

(d)

the number and carbon price of the fixed‑price carbon credits in the FPCC registry account that are cancelled by the Agency, and the date of the cancellation;[Act 37 of 2022 wef 01/01/2024]

(e)

such other information as may be prescribed.[Act 37 of 2022 wef 01/01/2024]

(2A) Without affecting subsection (1), the Agency must enter the following particulars into the register of ICC registry accounts for each ICC registry account:(a)

the taxable facility and registered person to which the ICC registry account relates;

(b)

the number and details of the eligible international carbon credits surrendered in connection with the payment of any tax in relation to the taxable facility;

(c)

such other information as may be prescribed.[Act 37 of 2022 wef 01/01/2024]

(3) Any register mentioned in subsection (1) may be kept and maintained electronically.

(4) Where there is a deregistration under section 10, or an FPCC registry account is suspended under section 32 or closed under section 33, the Agency may —(a)

remove the relevant register entry and the particulars under it, from the relevant register; or

(b)

indicate the fact of such deregistration, suspension or closure against the relevant register entry in the relevant register.[Act 37 of 2022 wef 01/01/2024]

(5) Without affecting subsection (4), if the Agency is satisfied that —(a)

any registered person is wound up or dissolved;

(b)

any registered person has ceased to have operational control over any reportable facility or taxable facility of the registered person; or

(c)

any reportable facility or taxable facility has ceased to be under the operational control of any person,

the Agency may —

(d)

remove the relevant register entry and the particulars under it, from the relevant register; or

(e)

indicate that fact against the relevant register entry in the relevant register.

—(1) The Agency must keep and maintain one or more registers, in which is or are entered such particulars as the Agency may determine, for the following:(a)

registered persons;

(b)

reportable facilities of registered persons;

(c)

taxable facilities of registered persons;

(d)

FPCC registry accounts in the Fixed‑Price Carbon Credits Registry;[Act 37 of 2022 wef 01/01/2024]

(e)

ICC registry accounts in the International Carbon Credits Registry.[Act 37 of 2022 wef 01/01/2024]

(2) Without affecting subsection (1), the Agency must enter the following particulars into the register of FPCC registry accounts for each FPCC registry account:(a)

the taxable facility and registered person to which the FPCC registry account relates;[Act 37 of 2022 wef 01/01/2024]

(b)

the number and carbon price of the fixed‑price carbon credits credited into the FPCC registry account, and the date of the crediting;[Act 37 of 2022 wef 01/01/2024]

(c)

the number and carbon price of the fixed‑price carbon credits surrendered by the registered person, and the date of the surrender;[Act 37 of 2022 wef 01/01/2024]

(d)

the number and carbon price of the fixed‑price carbon credits in the FPCC registry account that are cancelled by the Agency, and the date of the cancellation;[Act 37 of 2022 wef 01/01/2024]

(e)

such other information as may be prescribed.[Act 37 of 2022 wef 01/01/2024]

(2A) Without affecting subsection (1), the Agency must enter the following particulars into the register of ICC registry accounts for each ICC registry account:(a)

the taxable facility and registered person to which the ICC registry account relates;

(b)

the number and details of the eligible international carbon credits surrendered in connection with the payment of any tax in relation to the taxable facility;

(c)

such other information as may be prescribed.[Act 37 of 2022 wef 01/01/2024]

(3) Any register mentioned in subsection (1) may be kept and maintained electronically.

(4) Where there is a deregistration under section 10, or an FPCC registry account is suspended under section 32 or closed under section 33, the Agency may —(a)

remove the relevant register entry and the particulars under it, from the relevant register; or

(b)

indicate the fact of such deregistration, suspension or closure against the relevant register entry in the relevant register.[Act 37 of 2022 wef 01/01/2024]

(5) Without affecting subsection (4), if the Agency is satisfied that —(a)

any registered person is wound up or dissolved;

(b)

any registered person has ceased to have operational control over any reportable facility or taxable facility of the registered person; or

(c)

any reportable facility or taxable facility has ceased to be under the operational control of any person,

the Agency may —

(d)

remove the relevant register entry and the particulars under it, from the relevant register; or

(e)

indicate that fact against the relevant register entry in the relevant register.