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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      (g)   in conjunction with the Zambia Bureau of Standards established under the Standards Act, design standards with regard to the quality, safety and reliability of supply of energy and fuels;

      (h)   in conjunction with the Environmental Council of Zambia established under the Environmental Protection and Pollution Control Act, formulate measures to minimise the environmental impact of the production and supply of energy and the production, transportation, conversion, storage and use of fuels and enforce such measures by the attachment of appropriate conditions to licenses held by the undertaker; and

      (i)   make recommendations to. the Minister as to the measures to be taken through regulations to be made under this Act.

[S 6(1) subs by s 5 of Act 23 of 2003.]

   (2) The Board shall have and may exercise and perform such other powers and functions as are conferred or imposed on it by or under this Act or any other written law.

 

7.   Delegation

The Board may, by instrument in writing, delegate to a person for the time being holding or acting in a specified position in the staff establishment of the Board, or to any committee of the Board, the exercise of such of the functions of the Board as are specified in the instrument.

PART III
LICENSING OF UNDERTAKINGS

[Am by s 6 of Act 21 of 2003.]

 

8.   Undertakings to be licensed

   (1) A person shall not establish or operate an undertaking except in accordance with this Act and under the authority of a license issued under this Act.

   (2) A person who establishes or operates an undertaking in contravention of this section commits an offence and shall be liable, upon conviction, to a fine not less than fifty thousand penalty nits but not exceeding five hundred thousand penalty units, or to imprisonment for a term of not less than six months but not exceeding seven years, or to both the fine and imprisonment.

[S 8(2) subs by s 7 of Act 23 of 2003.]

 

9.   Applications for licenses

   (1) Any person may apply to the Board for a license to establish and operate an undertaking.

   (2) An application for a license shall be in such form, and shall be accompanied by such application fee, as may be prescribed by the Minister, by statutory instrument, on the recommendation of the Board.

[S 9(2) subs by s 8(a) of Act 23 of 2003.]

   (3) The Board shall first determine whether, in its opinion, after according the applicant an opportunity to be heard there is any reason why the application should, in the public interest, be rejected without further proceedings under this section.

[S 9(3) am by s 8(b) of Act 23 of 2003.]

   (4) Except where the Board decides to reject the application in the public interest, the Board shall cause a notice to be published in the Gazette

      (a)   indicating the receipt of each license application and giving a description of the nature and location of the proposed undertaking;

      (b)   informing members of the public that the application may be inspected at the offices of the Board; and

      (c)   inviting any member of the public who objects to the granting of the license, whether on personal, environmental or other grounds, to lodge an objection with the Board within a time, being not less than thirty days, limited by the notice.

   (5) The Board shall allow any person to inspect, or furnish any person with a copy of, an application for a license, on payment by the person of such fee as may be prescribed by the Minister by statutory instrument in respect of the costs of such inspection or the production of such a copy.

 

10.   Objections to license applications

   (1) An objection to the grant of a license shall be made in such form and shall be accompanied by such objection fee, as may be prescribed by Minister, by statutory instrument, on the recomendation of the Board.

[S 10(1) subs by s 9 of Act 23 of 2003.]

   (2) An objector shall be entitled to lodge such written submissions and evidence as the objector desires to furnish in support of the objection.

   (3) The objection, and any supporting documentation, shall be rejected if it is not lodged within the time allowed by the notice published under section 9 in relation to the application:

Provided that the Board, at any time before granting a license in pursuance of the application, may at its discretion entertain an objection made out of time.

   (4) The Board shall furnish the applicant for the license with particulars of any objection made to the grant of the license, and the applicant may, if he or she so desires, reply to the objection in writing addressed to the Board.

 

11.   Determination of applications

   (1) In determining any application for a license, the Board shall take into account—

      (a)   the extent to which the public interest will be served by the undertaking to which the application relates; and

      (b)   the merits of any objection made to the grant of a license in pursuance of an application.

   (2) The Board may, if it thinks fit, convene a meeting with the applicant and any objectors to discuss the application; and if the number of objectors is large, or if the Board considers that the circumstances warrant such action, the meeting so convened may be opened to the public, but in either case the procedure at any such meeting shall be as the Board may, in its absolute discretion, determine.

   (3) The Board may grant or refuse to grant the license; and where it decides to grant the license, the Board shall notify the applicant of the conditions to be attached to the license.

[S 11(3) am by s 10(a) of Act 23 of 2003.]

   (4) Where the Board refuses to grant a license under sub-section (3) the Board shall, within fourteen days of making the decision, notify the applicant of the decision stating the reasons for the refusal to grant the license.

[S 11(4) ins by s 10(b) of Act 23 of 2003.]

   (5) Any person who is aggrieved by any refusal of the Board to issue a license may appeal to the High Court within thirty days of receiving the notification.

[S 11(5) ins by s 10(b) of Act 23 of 2003.]

 

12.   Conditions of licenses

   (1) A license is subject to such conditions as may be imposed by the Board and specified in the license when it is granted or when it is varied in accordance with sub-section (3).

   (2) The conditions of a license may include conditions—

      (a)   requiring the payment to the Board of a fee on grant of the license and of annual or other periodic license fees:

Provided that no such fee shall exceed zero point eight per centum of the annual turnover of the undertaking, except with the consent of the Minister;

[S 12(2)(a) proviso am by s 11(a)(i) of Act 23 of 2003.]

      (b)   making provision with respect to the fees and charges imposed in respect of energy, fuel or any service to be proved in the course of the licensed undertaking, and the adjustment of such fees and charges;

      (c)   requiring the publication by the licensee of notices specifying the method of calculating or otherwise determining any charges referred to in paragraph (b);

      (d)   requiring the licensee or any other person concerned in the undertaking authorised by the license to furnish to the Board, in such manner and at such times as the Board may reasonably require, documents, accounts, returns, estimates and other information that the Board requires for the purposes of exercising or performing its powers and functions under this Act;

      (e)   requiring the licensee not to show undue preference to, or exercise undue discrimination against, particular persons or persons of any class or description (including persons in rural areas) as regards any aspect of the provision of energy, fuel or any service under the license;

      (f)   requiring the licensee to obtain the approval of Board with respect to the location and construction and decommissioning of common carriers, facilities, plant or installation to be used for the purposes of the undertaking or other specified matters;

[S 12(f) subs by s 11(a)(ii) of Act 23 of 2003.]

      (g)   requiring the licensee to refer specified matters to the Board for determination;

      (h)   requiring the licensee to comply with directions given by the Board from time to time in relation to specified matters;

      (i)   providing for arbitration of disputes arising in connection with the terms and conditions of, or otherwise concerning, the license; and

      (j)   requiring and regulating the payment of fines and penalties by the licensee for breaches of any or any specified terms and conditions of the license.

   (3) Where a licensee has on repeated occasions breached the conditions of the license, or has been the subject of such complaints by the consumers of any commodity or service provided by the licensee in the course of its undertaking as in the opinion of the Board, to warrant action under this section, the Board by notice in writing to the licensee, may vary the conditions of the license or attach new conditions to the license.

[S 12(3) am by s 11(b) of Act 23 of 2003.]

 

13.   Duration of licenses

Subject to this Act, a license remains in force for the period specified in the license and may be renewed on its expiry on payment to the Board of such fee as may be determined by or under the conditions of the license or, in default of such determination, as the Minister may, by statutory instrument prescribe.

 

14.   Licenses not transferable except with Board’s consent

   (1) Any purported transfer of a license shall be void and of no effect unless the consent thereto of the Board was first obtained.

   (2) The Board shall consent to any such transfer unless it has reason to believe that the public interest is likely to be prejudiced by the transaction.

   (3) In this section “transfer” means any sale, lease mortgage, charge or other assignment, demise or encumbrance.

 

15.   Revocation of license or refusal of renewal

   (1) For the purposes of this section, a licensee is in default if the licensee—

      (a)   has on repeated occasions contravened the provisions of this Act or conditions of the license;

      (b)   has at any time contravened a condition of the license that is expressed in the license to be a condition whose contravention may result in revocation or suspension of the license; or

      (c)   has been the subject of such complaints by the public as in the opinion of the Board, to warrant action under this section.

   (2) Where a licensee is in default, the Board, with the consent of the Minister, may—

      (a)   by notice in writing to the licensee, revoke the license; or

      (b)   refuse to renew the license on its expiry.

   (3) The Board may, with the consent of the Minister, refuse to renew a license if the Board is of the opinion that the service provided under the license is no longer necessary in the public interest.

   (4) A license shall not be revoked, nor shall its renewal be refused nor its conditions be varied, without giving the licensee an opportunity to be heard.

[S 15 am by s 12 of Act 23 of 2003.]

 

16.   Appeal

   (1) Any person who is aggrieved by the revocation of a license, or by the Board’s refusal a renew, may appeal to the High Court within thirty days of receiving notification of the revocation of, or the Board’s refusal to renew, a license.

[S 16(1) subs by s 13(a) of Act 23 of 2003.]

   (2) Due lodgement of an appeal shall stay any revocation against which the appeal is brought, pending the outcome of the appeal, and in the case of a refusal of renewal, the license if expired shall be deemed to have been renewed on the same terms and conditions pending that outcome.

   (3) …

[S 16(3) rep by s 13(b) of Act 23 of 2003.]

PART IV
OTHER POWERS OF THE BOARD

 

17.   Direction to cease operation of unlicensed undertaking

   (1) Where an undertaking is being operated in contravention of this Act, the Board may, by notice served on the operators of the undertaking, direct them to take, within a reasonable time limited by the notice, all necessary steps to cease operations, and to dismantle, to the satisfaction of the Board, any plant and equipment used for the purposes of the undertaking.

   (2) Where a direction given under this section is not complied with, the Board by its servants or agents may enter into the place where the undertaking is being operated and so cause the direction to be carried out.

   (3) The costs to the Board of any action under sub-section (2) are recoverable, as a debt due to the Board, in any court of competent jurisdiction.

 

18.   Powers of inspectors

   (1) For the purposes of this Act, an inspector may, at any reasonable time, enter any area, place or premises that the inspector reasonably believes is used for the purposes of, or in connection with, an undertaking, including any area, place or premises believed to be used only for the storage of equipment or for the keeping of any accounts, documents or records relating to such an undertaking:

Provided that this section shall not be taken to authorise entry into any premises or part thereof that is being used as a private dwelling except with the consent of the occupant or under the authority of a warrant issued in accordance with law.

   (2) An inspector who enters an area, place or premises under this section shall have full and free access to any plant, equipment storage area and facility therein.

   (3) The owner or person in charge of any area, place or premises referred to in sub-section (1) and any person found there shall give an inspector reasonable assistance for the purpose of the exercise of the inspector’s powers under this Act.

   (4) Without limiting the generality of the foregoing provisions of this section, the inspector may—

      (a)   direct the person in charge to produce for inspection any substance or articles manufactured, produced or stored on the premises, or any books, accounts or records kept there;

      (b)   take samples of any such substance or articles, and make copies of or take extracts from any such book, account or record;

      (c)   inspect machinery, equipment, appliances, meters, fittings, and apparatus; and

      (d)   inspect any common carrier, facility, plant or installation.

 

19.   Obstruction of Inspector

A person who—

      (a)   wilfully delays or obstructs an inspector in the exercise or performance of the inspector’s powers and functions;

      (b)   refuses to give an inspector such reasonable assistance as the inspector may require for the purpose of the exercise of the inspector’s powers under this Act; or

      (c)   knowingly or negligently gives an inspector false or misleading information in answer to any inquiry made by the inspector; commits an offence and shall be liable on conviction to a fine of not less than twenty thousand penalty units but not exceeding one hundred thousand penalty units, or to imprisonment for a term of not less than one month but not exceeding five years, or to both the fine and imprisonment.

[S 19(c) am by s 14 of Act 23 of 2003.]

PART V
FINANCIAL PROVISIONS

 

20.   Funds of the Board

   (1) The funds of the Board shall consist of such money as may—

      (a)   be appropriated by Parliament for the purposes of the Board;

      (b)   be paid to the Board by way of grants or donations; and

      (c)   vest in or accrue to the Board.

   (2) The Board may—

      (a)   accept money by way of grants or donations from any source in Zambia and, subject to the approval of the Minister, from any source outside Zambia;

[S 20(2)(a) am by s 15(a) of Act 23 of 2003.]

Provided that the Board shall—

      (i)   not receive grants or donations from any undertakings or its associates; and

      (ii)   disclose, by Gazette notice, information of any grants or donations received under this section.

[S 20(2)(a) proviso ins by s 15(b) of Act 23 of 2003.]

      (b)   subject to the approval of the Minister, raise by way of loans or otherwise such money as may be required for the discharge of the functions of the Board; and

      (c)   charge and collect fees in respect of programmes, seminars and other services provided by the Board.

   (3) There shall be paid from the funds of the Board—

      (a)   grants which have been received by the Board for the purposes of any particular organisation or any branch of any organisation ;

      (b)   allowances of the members of the Board;

      (c)   salaries of the full-time members of the Board;

      (d)   salaries, loans and other costs of the staff of the Board; and

      (e)   any other expenses incurred by the Board in the performance of the Board’s functions.

[S 20 am by Act 23 of 2003.]

 

21.   Application of license fees, etc

   (1) Amounts payable as fees under this Act shall be paid to the general revenues of the Republic.

   (2) Money paid to the general revenues under this section shall be applied to the development of the energy sector in Zambia.

 

22.   Financial year

The financial year of the Board shall be the period of twelve months ending on 31st December in each year.

 

23.   Accounts

   (1) The Board shall cause to be kept proper books of account and other records relating to its financial affairs.

   (2) The accounts of the Board for each financial year shall be audited by auditors appointed by the Board with the approval of the Minister.

 

24.   Annual report

   (1) As soon as practicable, but not later than six months after the expiry of each financial year, the Board shall submit to the Minister a report concerning the activities of the Board during that financial year.

   (2) The report shall include information on the financial affairs of the Board, and there shall be appended to the report—

      (a)   an audited balance sheet;

      (b)   an audited statement of income and expenditure; and

      (c)   such other information as the Minister may require.

   (3) The Minister shall, not later than twenty-one days after the first sitting of the National Assembly next after the receipt of the report, lay it before the National Assembly.

PART VI
MISCELLANEOUS

 

25.   Unauthorised publication or disclosure of information

   (1) Except as required by law, or with consent in writing given by or on behalf of the Board, a person shall not publish or disclose to any other person the contents of any document or communication, or any other information, which relates to, and which has come to the person’s knowledge in the course of, the performance by the person of any duty under this Act.

   (2) A person having information that has been published or disclosed to the person in contravention of this section shall not publish or communicate it to any other person.

   (3) A person who contravenes the provisions of this section commits an offence and shall be liable, upon conviction, to a fine not less than ten thousand penalty units but not exceeding fifty thousand penalty units or to imprisonment for a term not less than thirty days and not exceeding three years, or to both the fine and imprisonment.

[S 25(3) subs by s 16 of Act 23 of 2003.]

 

26.   Serving of notice

Any notice or other document required or authorised to be given under this Act may be given—

      (a)   by delivering it to the person to whom it is directed;

      (b)   by leaving it at the usual or last known place of abode of that person;

      (c)   by sending it in a prepaid registered letter addressed to that person at the person’s usual or last known place of abode, place of business or postal address;

      (d)   in the case of a company, by delivering it to the secretary of the company at its registered or principal office, or by sending it in a prepaid registered letter addressed to the secretary of the company at that office; or

      (e)   where—

      (i)   he notice is to be given to a person in the person’s capacity as the holder of any interest in land; or

      (ii)   it is not practical, after reasonable inquiry, to ascertain the person’s name or address; by addressing the notice to the person having that interest in the premises (specifying the premises and the interest concerned) and by delivering it to some person on the premises, or if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

 

27.   Regulations

   (1) The Minister may, by statutory instrument, make regulations for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or expedient to be prescribed for carrying out or giving effect to this Act.

   (2) Without limiting the generality of sub-section (1), regulations may provide for the following matters—

      (a)   the form and manner of making applications for licenses and of objections thereto and the fees payable on any such application or objection;

      (b)   standards with regard to the quality, safety and reliability of supply of energy and fuels and related installations;

      (c)   securing the safety of the public from personal injury or damage to property arising from the production, transmission, transportation, transformation, storage, distribution, supply or use of energy or fuel;

      (d)   reporting of and inquiries into accidents involving the operation of any undertaking or associated plant, equipment or vehicles:

Provided that, in the application of any regulations under this section to an undertaking for the generation, transmission, distribution or supply of electricity, such regulations shall have effect subject to the provisions of the Electricity Act, and the regulations made there under.

   (3) Regulations made under the provisions of this Act may provide that persons offending against the regulations shall be liable to a fine of not less than three thousand penalty units but not exceeding one hundred thousand penalty units.

[S 27(3) am by s 17 of Act 23 of 2003.]

   (4) In exercise of the powers conferred by this section, the Minister may provide for different regulations to apply to different undertakings or consumers or to different classes of undertakings or consumers.

 

28.   Savings and transitional provisions

   (1) Any undertaking that was lawfully being operated—

      (a)   immediately before the commencement of this Act, under a statutory license or other statutory authority that was issued in pursuance of an application made before the date referred to in paragraph (b); or

      (b)   immediately before the date on which the Bill for this Act was introduced into the National Assembly; may continue to be operated after this Act comes into force without a license under this Act:

Provided that—

      (i)   where, before the commencement of this Act, the undertaking was operated under a statutory license or other statutory authority, that license or authority shall be deemed to be a license under this Act; and

      (ii)   where, before the commencement of this Act, the undertaking was lawful without any license or authority, the undertaking may be operated without a license under this Act only for so long as it remains in the same ownership.

 

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

   (1) The National Energy Council Act, 1980 is hereby repealed.

   (2) The Zambia Electricity Supply Act is hereby repealed.

SCHEDULE

[Section 3]

ADMINISTRATION OF BOARD

 

1.   Seal of Board

   (1) The seal of the Board shall be such device as may be determined by the Board and shall be kept by the Secretary.

   (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or any other person authorised in that behalf by a resolution of the Board.

   (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Board by the Executive-Director or any other person generally or specifically authorised by the Board in that behalf.

   (4) Any document purporting to be a document under the seal of the Board or issued on behalf of the Board shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

 

2.   Composition of the Board

   (1) The Board shall consist of seven part-time members appointed by the Minister from among eminent persons who have adequate knowledge, experience and qualifications in—

      (a)   engineering;

      (b)   finance;

      (c)   law;

      (d)   natural resources management;

      (e)   electricity industry;

      (f)   petroleum industry and;

      (g)   administration.

   (2) For the purposes of sub-section (1) a person is eminent if the person has attained recognition in the person’s profession or office.

   (3) The Chairperson and the Vice-Chairperson shall be elected by the members from among their number.

   (4) A person shall not be appointed as a member of the Board if that person—

      (a)   is an un discharged bankrupt;

      (b)   has been convicted of an offence involving fraud or dishonesty;

      (c)   has been convicted of an offence under this Act or any other written law and sentenced to a term of imprisonment of not less than six months, without the option of a fine;

      (d)   is an office bearer or employee of any political party; or

      (e)   is the holder of a license or has any interest in a license or in a partnership or corporation that is a holder of a license.

 

3.   Tenure of office and vacancy

   (1) Subject to the other provisions of this Act, a member of the Board shall hold office for a period of three years from the date of appointment and shall be eligible for re-appointment for one further term of three years.

   (2) A member may resign upon giving one month’s notice, in writing, to the Chairperson and to the Minister.

   (3) The office of the member shall become vacant—

      (a)   upon the member’s death;

      (b)   if the member is absent without reasonable excuse from three consecutive meetings of the Board of which the member has had notice;

      (c)   if the member acquires a license in the energy sector;

      (d)   if the member becomes mentally or physically incapable of performing the duties of a member of the Board; or

      (e)   of the member is declared bankrupt.

   (4) On the expiration of the period for which a member is appointed the member shall continue to hold office until a successor has been appointed but in no case shall the further period exceed three months.

 

4.   Filing of casual vacancy

Whenever the office of a member becomes vacant before the expiry of the term of office, the Minister may appoint another member in place of the member who vacates office but that member shall hold office only for the unexpired part of the term.

 

5.   Proceedings of Board

   (1) Subject to the other provision of this Act, the Board may regulate its own procedure.

   (2) The Board shall meet for the transaction of business at least once every three months at such places and times and the Chairperson may determine.

   (3) The Chairperson may, upon giving notice of not less than fourteen days, call a meeting of the Board and shall call a special meeting to be held within fourteen days of receipt of a written request to the Chairperson by at least two members of the Board.

   (4) If the urgency of any particular matter does not permit the giving of such notice as is required under subparagraph (3), a special meeting may be called by the Chairperson, upon giving a shorter notice.

   (5) Four members of the Board shall form a quorum at any meeting of the Board.

   (6) There shall preside at any meeting of the Board—

      (a)   the Chairperson;

      (b)   in the absence of the Chairperson, the Vice-Chairperson; or

      (c)   in the absence of the Chairperson and the Vice-Chairperson such member as the members present may elect for the purpose of that meeting.

   (7) A decision of the Board on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote.

   (8) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the meeting of the Board but such person shall have no vote.

   (9) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings.

 

6.   Committees of Board

   (1) The Board may, for the purpose of performing its functions under this Act, constitute such committees as it considers necessary and may delegate to any committee such of its functions as it considers fit.

   (2) The Board may appoint as members of a committee, person who are, or are not members of the Board, except that at least one member of a committee shall be a member of the Board.

   (3) A person serving as a member of a committee shall hold office for such period as the Board may determine.

   (4) Subject to any specific or general direction of the Board, a committee may regulate its own procedure.

 

7.   Allowances for members

The members of the Board or any committee shall be paid such allowances as the Board may, with the approval of the Minister, determine.

 

8.   Disclosure of interest

   (1) If a member or person is present at a meeting of the Board or any committee of the Board at which any matter is the subject of consideration and in which matter the member or person or the member or person’s spouse is directly or indirectly interested in a private capacity, the member or person shall as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Board or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter.

   (2) A declaration of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which it is made.

 

9.   Prohibition of disclosure of information

   (1) A person shall, not without the consent in writing given by, or on behalf of, the Board, publish or disclose to any person otherwise than in the course of duties, the contents of any document, communication, or information which relates to, and which has come to the person’s knowledge in the course of the person’s duties under this Act.

   (2) Any person who knowingly contravenes the provisions of subparagraph (1) commits an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a period not exceeding three months, or to both.

[Sch subs by s 18 of Act 23 of 2003.]

 
 

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