CHAPTER 436
ENERGY REGULATION ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE ENERGY REGULATION BOARD

   3.   Establishment of the Board

   3A.   Executive-Director

   4.   Secretary and other staff of the Board

   5.   Inspectors

   6.   Functions of the Board

   7.   Delegation

PART III
LICENSING OF UNDERTAKINGS

   8.   Undertakings to be licensed

   9.   Applications for licenses

   10.   Objections to license applications

   11.   Determination of applications

   12.   Conditions of licenses

   13.   Duration of licenses

   14.   Licenses not transferable except with Board’s consent

   15.   Revocation of license or refusal of renewal

   16.   Appeal

PART IV
OTHER POWERS OF THE BOARD

   17.   Direction to cease operation of unlicensed undertaking

   18.   Powers of inspectors

   19.   Obstruction of inspector

PART V
FINANCIAL PROVISIONS

   20.   Funds of the Board

   21.   Application of license fees, etc

   22.   Financial year

   23.   Accounts

   24.   Annual report

PART VI
MISCELLANEOUS

   25.   Unauthorised publication or disclosure of information

   26.   Serving of notice

   27.   Regulations

   28.   Savings and transitional provisions

   29.   Repeal of Act 13 of 1980 and Cap. 813 of the old edition

      SCHEDULE

AN ACT

to establish an Energy Regulation Board and to define its functions and powers; to provide for the licensing of undertakings for the production of energy or the production or handling of certain fuels; to repeal the National Energy Council Act and the Zambia Electricity Supply Act; and to provide for matters connected with or incidental to the foregoing.

[28th April, 1995]

Act 16 of 1995,

Act 23 of 2003.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Energy Regulation Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“Board” means the Energy Regulation Board established under section 3;

“common carrier” means—

      (a)   an electricity transmission or distribution line declared as a common carrier under the Electricity Act;

[Subs by s 2(a) of Act 23 of 2003.]

      (b)   a pipeline for the conveyance of crude oil, petroleum products or natural gas; and

      (c)   any other facility, installation or structure, used for the processing, storage or conveyance of energy or fuel, that the Minister, by statutory instrument, prescribes;

“energy” means—

      (a)   electrical energy, however produced;

      (b)   nuclear, solar and wind energy; and

      (c)   energy produced by any other means that the Minister, by statutory instrument, prescribes;

“fuel” means—

      (a)   petroleum and petroleum products;

      (b)   coal and its derivatives;

      (c)   …

[Rep by s 2(b) of Act 23 of 2003.]

      (d)   uranium or other nuclear fuel;

“inspector” means a person appointed under section 4 to be an inspector for the purposes of this Act;

“undertaking” means any commercial undertaking, whether public or private, for—

      (a)   the production, generation, transmission, distribution or supply of energy;

      (b)   the production, refining, transportation, storage or supply of fuel; or

[Am by s 2(c)(i) of Act 23 of 2003.]

      (c)   the manufacture, distribution or supply of equipment used for any activity mentioned in paragraph (a) or (b), other than any such equipment—

      (i)   designed for ordinary household use;

      (ii)   of a design or type prescribed by the Minister on recommendation of the Board by statutory instrument; or

      (iii)   designed or used for a purpose, or in such circumstances, as may be so prescribed; but does not include an undertaking which the Minister on the recommendation of the Board, by statutory instrument, declares not to constitute an undertaking for the purposes of this Act.

[Am s 2(c)(ii) by Act 23 of 2003.]

PART II
THE ENERGY REGULATION BOARD

3.   Establishment of the Board

   (1) There shall be an Energy Regulation Board, which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.

   (2) The provisions of the Schedule shall apply in respect of the Board and its members.

3A.   Executive-Director

   (1) The Board shall appoint an Executive-Director of the Board who shall be the Chief Executive Officer of the Board and who, subject to the general or special direction of the Board, shall be responsible for the day to day administration of the Board.

   (2) The terms and conditions of service of the Executive-Director shall be determined by the Board with the approval of the Minister.

   (3) The Executive-Director shall attend meetings of the Board and may attend meetings of any committee of the board and may address such meetings, but shall not vote on any matter.

   (4) The Chairperson or any person presiding at any meeting of the Board may request the Executive-Director to withdraw from any meeting of the Board.

[S 3A ins by s 3 of Act 23 of 2003.]

4.   Secretary and staff of the Board

   (1) There shall be a Secretary to the Board who shall be appointed on such terms and conditions as the Board may, with the approval of the Minister, determine.

   (2) The Secretary shall, subject to the general supervision of the Executive-Director perform such duties as the Board may determine.

   (3) The Board may appoint, on such terms and conditions as it may, with the approval of the Minister, determine, such other staff as it considers necessary for the performance of its functions under this Act.

[S 4 subs by s 4 of Act 21 of 2003.]

5.   Inspectors

   (1) In order to ensure compliance with the provisions of this Act, a sufficient number of persons shall be appointed under section 4 as inspectors for the purposes of this Act.

   (2) Every inspector shall be provided with a certificate of appointment containing such particulars as the Board may determine, and in the exercise of any powers of the inspector under this Act, the inspector shall produce the certificate for inspection by any person reasonably requiring its production.

6.   Functions of the Board

   (1) The Board shall—

      (a)   issue licenses under this Act;

      (b)   monitor the efficiency and performance of the undertakings, having regard to the purposes for which they were established;

      (c)   receive and investigate complaints from consumers on price adjustments by any undertaking, and regulate such adjustments by the attachment of appropriate conditions to license held by undertakings or by such other means as the Board considers appropriate;

      (d)   receive or investigate complaints from consumers and licensed undertakings on services provided by the undertakings and regulate such services by the attachment of appropriate conditions to the licenses held by undertakings or by such other means as the Board considers appropriate.

      (e)   approve the location and construction of, and receive and investigate complaints concerning the location or construction of any common carrier or any energy or fuel facility or installation or the carrying out of any works by any undertaking, and regulate such location and construction by the attachment of appropriate conditions to licenses held by undertakings;

      (f)   in conjunction with the Zambia. Competition Commission established under the Competition and Fair Trading Act—

      (i)   investigate and monitor the levels and structures of competition within the energy sector with a view to promoting competition and accessibility to any company or individual who meets the basic requirement for operating as a business in Zambia, and

      (ii)   develop and implement appropriate rules to promote competition in the energy sector;

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