CHAPTER 433
ELECTRICITY ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ELECTRICITY GENERATION, TRANSMISSION, DISTRIBUTION AND SUPPLY

   3.   With certain exceptions, undertaking to comply with law

   4.   Establishment of undertakings

   5.   Increase or decrease of rated generating capacity

   5A.   Purchase of power from outside Zambia

   6.   Duties of operator of undertaking as to supply

   7.   Charges for supply

   8.   Variations and alterations of charges

   9.   Contract of supply must be carried out

   10.   Failure to carry out contract of supply

   11.   Revocation of licenses

   12.   Maintenance of undertakings

   13.   Supply within area of local authority

PART III
ACQUISITION OF LAND AND RIGHTS OVER LAND

   14.   Acquisition of land for electricity purposes

   15.   Way leaves over Land

   16.   Rights of entry

   17.   Trees and buildings interfering with transmission lines

   18.   Obstruction of lines by buildings, etc.

   19.   Breaking up of streets

   20.   Compensation for damage in the exercise of powers

PART IV
OFFENCES AND PENALTIES

   21.   Interference with supplies and apparatus

   22.   False information

   23.   Contraventions of Act

   24.   Penalties

PART V
GENERAL

   25.   Entry and inspection

   26.   Operator’s powers of entry and inspection

   27.   Information and records

   28.   Notice of accidents

   29.   Serving of notice

   30.   Regulations

   31.   Repeal of Electricity Act

AN ACT

to regulate the generation, transmission, distribution and supply of electricity; and to repeal the Electricity Act, 1956, provide for matters connected with or incidental to the foregoing.

[Am by s 2 of Act 21 of 2003.]

[28th April, 1995]

Act 15 of 1995,

Act 21 of 2003.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Electricity Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“Board” means the Energy Regulation Board established by the Energy Regulation Act;

“common carrier” means a transmission line or distribution line declared as such by the Minister under this Act;

[Ins by s 3 of Act 21 of 2003.]

“contract of supply” means a contract between the operator of an undertaking and any other person for the supply of electricity to that person;

“consumer” means a person to whom electricity is supplied under a contract of supply;

“distribution” means the transportation of electricity on high voltage, medium voltage and low voltage systems for delivery to the final consumers but does not include supply;

[Ins by s 3 of Act 21 of 2003.]

“distribution line” means any cable, overhead or underground line for the transportation of electricity on high voltage, medium voltage and low voltage systems and includes—

      (a)   any transfer, switchgear or other works necessary for, and used in connection with, such cable, overhead or underground line; and

      (b)   any buildings or any part of such building as may be required to accommodate such transformer, switchgear or other works;

[Ins by s 3 of Act 21 of 2003.]

“generation” means the production of electricity;

“generating station” means any station for generating electricity including any building, plant and machinery used for the purpose and all accessories necessarily incidental thereto, together with the site thereof, and any site intended to be used for such a station;

“interconnected system” means a number of transmission and distribution lines which are linked together;

[Ins by s 3 of Act 21 of 2003.]

“land” includes any land under whatever tenure held and any easement, servitude, right or privilege in or over land or water;

“local authority” means a council established under the Local Government Act;

“owner”—

      (a)   in relation to State Land, means the President, Minister or other authority who is authorised to deal with matters relating to State Land;

      (b)   in relation to land other than State Land, includes—

      (i)   the person known to be representative in Zambia of the owner of the land;

      (ii)   the liquidator or receiver of a company that owns land; and

      (iii)   the representative recognised by law of any owner who has died or become bankrupt, is an assignee of an estate, or is a minor or of unsound mind or otherwise under a disability;

“rated generating capacity”, in relation to installed generating plant, means the designed maximum continuous output of the plant;

“State Land” has the meaning assigned to it in the Lands Act;

“street” means any road or highway or any part of a road or highway, whether or not it has been at any time declared or rendered such by some competent authority, and includes bridges over which a street passes and any drift in the line of a street and all approaches, cuttings, embankments, subways, culverts, sluits, drains, dams, kerbs, fences, parapets, guards, gridiron tracks, and other work or thing forming part of, or connected with, or belonging to, such street, and includes any sanitary lane or private street;

“supply” means the sale of electricity to consumers;

[Ins by s 3 of Act 21 of 2003.]

“transmission” means the transportation of electricity on an extra high voltage or high voltage interconnected system for delivery to distributors and final consumers but does not include supply;

[Ins by s 3 of Act 21 of 2003.]

“transmission line” means any cable or overhead line for the transmission or reticulation of electricity from one undertaking to another or from an undertaking to a consumer, together with any transformers, switchgear and other works necessary to, and used in connection with, such cable or overhead line, and the buildings such part thereof as may be required to accommodate such transformers, switchgear and other works;

“undertaking” means any undertaking for the generation, transmission, distribution or supply of electricity, and includes such an undertaking that generates, transmits, distributes or supplies electricity solely or mainly in the interests of a group of associated companies for the purpose of the businesses of those companies, whether or not any excess electricity is supplied to any other consumer who is not part of the group.

PART II
ELECTRICITY GENERATION, TRANSMISSION, DISTRIBUTION AND SUPPLY

3.   With certain exceptions, Undertaking to comply with law

   (1) Subject to sub-section (2) and the Energy Regulation Act, no person shall establish or carry on any undertaking unless in accordance with this Act and the Energy Regulation Act.

   (2) Sub-section (1) shall not apply to an undertaking the plant of which is rated at the site where it is installed at a capacity of less than one hundred kilowatts and which is a company of less than one hundred kilowatts and which is used solely for the generation, transmission, distribution or supply of electricity for an operator’s own use.

4.   Establishment of undertakings

   (1) Any person who wishes to erect and establish any generating station works—

      (a)   the plant of which will be rated at the site where it is to be installed at a capacity of one hundred or more kilowatts, for generating, transmitting, transforming, converting or distributing electricity; or

[S 4(a) am by s 4(a) of Act 21 of 2003.]

      (b)   the plant of which is rated at the site where it is installed at a capacity of less than one hundred kilowatts and which is used for the generation, transmission, distribution or supply of electricity for the use of any other person, whether or not it is for an operator’s own use;

shall do so in accordance with regulations made under this Act, and shall comply with any requirement of the Board for the purpose of facilitating co-ordination with existing or future undertakings.

[S 4(b) am by s 4(b) of Act 21 of 2003.]

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