ENERGY REGULATION ACT: INDEX TO SUBSIDIARY LEGISLATION
Energy Regulation (Marking and Transportation of Petroleum) (Revocation) Regulations
Energy Regulation (Minimum Petroleum Products Stocks) Regulations
Energy Regulation (Energy) (Definition) Order
Energy Regulation (Petroleum Marking and Monitoring) Regulations
Energy Regulation (General) Regulations
Energy Regulation (Appeals Tribunal) Rules
ENERGY REGULATION (MARKING AND TRANSPORTATION OF PETROLEUM) (REVOCATION) REGULATIONS
[Section 27]
Arrangement of Regulations
Regulation
1. Title
2. Revocation of S.I. No. 46 of 2002
SI 36 of 2004.
These Regulations may be cited as the Energy Regulation (Marking and Transportation of Petroleum) (Revocation) Regulations.
2. Revocation of S.I. No. 46 of 2002
The Energy Regulation (Marking and Transportation of Petroleum) Regulations, 2002 are hereby revoked.
ENERGY REGULATION (MINIMUM PETROLEUM PRODUCTS STOCKS) REGULATIONS
[Sections 27]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Storage of minimum stock
4. Offences and penalty
5. —
6. Drawing on minimum stock
SI 90 of 2005.
These Regulations may be cited as the Energy Regulation (Minimum Petroleum Products Stocks) Regulations.
In these Regulations, unless the context otherwise requires—
"Board" means the Energy Regulation Board established under section three of the Energy Regulation Act;
"depot" means a facility for the storage of petroleum products in bulk;
"licensee" means a holder of licence for the distribution of petroleum products, issued by the Board; and
"minimum stock" means a volume of petroleum products adequate to meet the demand for petroleum products by consumers, over a period of 15 days, calculated on the basis of a licensee’s market share.
(1) A licensee shall maintain minimum stock in a depot.
(2) The minimum stock to be maintained under sub-regulation (1) shall be determined by the Board from time to time.
Any licensee who fails to maintain a minimum stock in respect of which petroleum product the licensee holds a licence commits an offence and is liable, upon conviction, to a fine of ten thousand penalty units.
In addition to a penalty imposed under regulation 4, the Board may revoke a licence pursuant to section 15 of the Act.
(1) Notwithstanding regulation 3, whenever, in the Board’s opinion circumstances arise which necessitate a licensee drawing on the minimum stock, the Board may authorise the licensee, in writing, to draw on the minimum stock.
(2) Where the Board authorises a licensee to draw on the minimum stock pursuant to sub-regulation (1), the Board shall as soon as the circumstances which necessitated the drawing on the minimum stock end, advise the licensee to maintain a minimum stock.
ENERGY REGULATION (ENERGY) (DEFINITION) ORDER
[Section 2]
Arrangement of Paragraphs
Paragraph
1. Title
2. Interpretation
3. Definition of energy
SI 42 of 2008.
This Order may be cited as the Energy Regulation (Energy) (Definition) Order.
In this Order "Act" means the Energy Regulations Act.
For purposes of section 2 of the Act, energy includes energy produced by a biofuel.
ENERGY REGULATION (PETROLEUM MARKING AND MONITORING) REGULATIONS
[Section 27]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY PROVISIONS
1. Title
2. Application
3. Interpretation
PART II
MARKING OF PETROLEUM PRODUCTS
4. Establishment of marking programme
5. Procurement of marking company
6. Functions of marking company
7. Marking of petroleum product
8. Prohibition of unauthorised marking
9. Prohibition of unauthorised possession of marker
10. Prohibition of sale, distribution or transportation of unmarked petroleum product
11. Prohibition of adulteration and dumping of petroleum product
12. Prohibition of possession of non conforming or adulterated petroleum product
PART III
GENERAL PROVISIONS
13. Investigations and cessation of operations
14. Powers of inspector
15. Testing of petroleum product
16. On-site testing
17. Dispute of petroleum test results
18. Closure, quarantine and disposal
19. Unauthorised removal of seals
20. Reopening of closed facility
21. General penalty
SI 69 of 2017.
PART I
PRELIMINARY PROVISIONS
These Regulations may be cited as the Energy Regulation (Petroleum Marking and Monitoring) Regulations.
(1) These Regulations apply to a marking, quality control and related activity.
(2) These Regulations do not apply to a petroleum product transiting through the Republic of Zambia.
In these Regulations, unless the context otherwise requires—
"adulterate" means the addition of an inferior, unsuitable or unauthorised element or compound into a marked or unmarked petroleum product in order to compromise the quality of the petroleum product;
"Agency" means the Zambia Environmental Management Agency established under section 8 of the Environmental Management Act, 2011;
"approved marker" means a chemical approved by the Board for the purpose of marking;
"Authority" means the Zambia Revenue Authority established under section 9 of the Zambia Revenue Authority Act;
"authorised officer" means a member of staff of a marking company appointed as such under regulation 5(3) for the purposes of these Regulations;
"Board" means the Energy Regulation Board established under section 3 of the Act;
"bulk quantity" means a single quantity exceeding two hundred litres or equivalent of a petroleum product;
"detector test" means the analysis of a petroleum product sample to check the level of a marker using a type of technology agreed upon by the Board and a marking company;
"dumping" means the smuggling or diversion into the local market of a petroleum product exempted from tax or in transit;
"full capacity" in relation to a tanker or storage tank, means the maximum operating capacity of the tanker or storage tank;
"inspector" means a person appointed as such under section 5 of the Act;
"law enforcement agency" means the Zambia Police Service, the Anti-Corruption Commission, the Drug Enforcement Commission or the Agency;
"law enforcement officer" means—
(a) a police officer of or above the rank of inspector;
(b) an officer of the Anti-Corruption Commission;
(c) an officer of the Drug Enforcement Commission;
(d) an officer of the Agency;
(e) an officer performing duties on behalf of Interpol; or
(f) any other person appointed as such by the Minister for the purpose of these Regulations;
"licence" means a licence issued by the Board and "licensee" shall be construed accordingly;
"licensed activity" means an activity licensed by the Board;
"licensed facility" means a depot, receiving terminal or retail outlet in respect of which an operator conducts its licensed activity, and includes a transportation unit;
"marked petroleum certificate" means a certificate issued by a marking company under regulation 7(3);
"marker" means a bio-chemical substance capable of being introduced into a petroleum product in small quantities for the purpose of identification and maintenance of the quality of the petroleum product without compromising the quality of the petroleum product;
"marking" means the introduction of a marker into a petroleum product;
"marking and monitoring unit" means the marking and monitoring unit established under regulation 4;
"marking company" means a company contracted by the Board to mark a petroleum product;
"marking detector" means a device used to distinguish a marked petroleum product from an unmarked petroleum product through the introduction of a marker;
"marking programme" means the petroleum marking programme established under regulation 4;
"marking system" means the process and equipment used during marking;
"marking terminal" means a place specified in the Second Schedule for the purposes of marking;
"non conforming product" means a petroleum product that has failed a detector test or an approved analytic testing method;
"over-mark" means the introduction of a marker into a petroleum product beyond the approved tolerance limit;
"petroleum feedstock" means crude oil or a commingled or non-commingled petroleum product which complies with the required specifications in a refinery;
"petroleum product" means petrol, diesel, kerosene or low sulphur gas oil;
"refinery" means a licensed facility for the refining of petroleum feedstock into a petroleum product;
"site" means the location where a sample of a petroleum product is collected for purposes of testing; and
"transport unit" means a railway tank wagon, pipeline or a bulk road tanker that an operator uses to transport a petroleum product.
PART II
MARKING OF PETROLEUM PRODUCTS
4. Establishment of marking programme
(1) There is established a petroleum marking programme administered by the Board.
(2) The Board shall establish a marking and monitoring unit for purposes of these Regulations.
(3) The cost of the marking programme shall be met from funds determined and availed for that purpose by the Board.
5. Procurement of marking company
(1) The Board shall procure the services of a marking company for purposes of implementing the marking programme under these Regulations.
(2) The Board shall ensure that a marking company procured under sub-regulation (1) has the demonstrated ability to operate, implement and effectively manage a petroleum marking programme.
(3) A marking company shall appoint suitably qualified persons as authorised officers to implement the marking programme.
6. Functions of marking company
(1) The functions of a marking company are to—
(a) mark petroleum products in accordance with these Regulations and any written directives of the Board which are consistent with these Regulations;
(b) provide marking detectors to the marking and monitoring unit;
(c) maintain the integrity of the marking programme;
(d) advise the Board on the most effective means of implementation of the marking programme;
(e) train members of the marking and monitoring unit and any other person authorised by the Board for purposes of the marking activities;
(f) provide equipment required for the marking and monitoring activities; and
(g) perform any other function that the Board may direct.
(2) The Board may, in writing, give a marking company such directions as the Board considers necessary for the better carrying out of these Regulations.
7. Marking of petroleum product
(1) A marking company shall mark a petroleum product for domestic use or export from the Republic as set out in the First Schedule.
(2) A marking company shall mark the petroleum product referred to in sub-regulation (1) at a marking terminal specified in the Second Schedule with an approved marker in the presence of a licensee.
(3) A marking company shall issue to a licensee whose petroleum product has been marked in accordance with these Regulations a marked petroleum certificate in the Form set out in the Third Schedule.
(4) A marked petroleum certificate is prima facie evidence that a petroleum product has been marked in accordance with these Regulations.
8. Prohibition of unauthorised marking
(1) A person shall not mark a petroleum product except under the authority of the Board and in accordance with these Regulations.
(2) A person who contravenes sub-regulation (1) commits an offence.
9. Prohibition of unauthorised possession of marker
(1) A person shall not be in possession of an approved marker without lawful authority.
(2) A person shall not facilitate the unlawful possession of an approved marker by any person.
(3) A person who contravenes sub-regulation (1) or (2) commits an offence.
10. Prohibition of sale, distribution or transportation of unmarked petroleum product
(1) A licensee shall not sell, distribute, transport or avail an unmarked petroleum product to the public.
(2) A person who contravenes sub-regulation (1) commits an offence.
11. Prohibition of adulteration and dumping of petroleum product
(1) A person shall not adulterate or cause the adulteration of a petroleum product.
(2) A person shall not dump or cause the dumping of a petroleum product.
(3) A person who contravenes sub-regulation (1) or (2) commits an offence.
12. Prohibition of possession of non conforming or adulterated petroleum product
(1) A person shall not keep or maintain an adulterated, unmarked, over-marked or non conforming petroleum product in that person’s possession or any premises.
(2) A person shall not sell, distribute or transport or cause to be sold, distributed or transported an adulterated, unmarked, over-marked or non conforming petroleum product.
(3) A person who contravenes sub-regulation (1) or (2) commits an offence.
(4) The Board shall suspend or revoke the licence of a licensee convicted of an offence under this regulation in accordance with the provisions of the Act.
PART III
GENERAL PROVISIONS
13. Investigations and cessation of operations
The Board may, with the assistance of a law enforcement agency—
(a) carry out investigations on an adulterated, unmarked, over-marked or non conforming petroleum product; and
(b) order the cessation of operation of a licensed facility or site in which an adulterated, unmarked, over-marked or non conforming petroleum product is stored or kept.
(1) An inspector may, at any time—
(a) inspect a licensed or unlicensed facility and take a sample of a petroleum product for verification and analysis; or
(b) in connection with law enforcement, seal off a licensed facility in which is kept a petroleum product that—
(i) is adulterated, unmarked, over-marked or non conforming;
(ii) is marked with an unauthorised marker; or
(iii) has been dumped.
(2) An inspector may affix a seal on the licensed facility upon sealing off the facility.
(3) An inspector may, in the company of a law enforcement officer, impound a transport unit that the inspector reasonably suspects to contain an adulterated, unmarked, over-marked or non conforming petroleum product.
(4) A person shall not offload or remove a petroleum product from a facility that has been sealed off without the prior written authorisation of the Board.
15. Testing of petroleum product
(1) An inspector may take a sample of a petroleum product from a licensed or unlicensed facility for the purposes of carrying out a test to determine the level of a marker in the sample and the quality of the petroleum product.
(2) An inspector may, in the course of carrying out an inspection—
(a) make a copy or extract of a document or extract relating to the loading, handling, offloading or delivery of a petroleum product; or
(b) break any seal on a road tank vehicle for purposes of taking a sample, and thereafter affix a seal and record the seal numbers.
(3) An inspector shall submit the results of the tests carried out under sub-regulation (1) to the Board, marking company and licensee from which the sample was taken.
(1) An inspector may conduct an on-site inspection of a petroleum product and shall take and retain three samples of the petroleum product for the purposes of testing, storage in case of a dispute in results and independent testing in case of a dispute in results of the second sample.
(2) An inspector shall, after the conclusion of an on-site test of a petroleum product, submit to the Board and the licensee the written results of the test within 24 hours and not later than 72 hours after the conclusion of the testing of the petroleum product.
17. Dispute of petroleum test results
(1) A person may, in writing to the Board, dispute the results of a test of a petroleum product under regulation 15 or 16 within 24 hours of receiving the test results.
(2) Where the results of a test of a petroleum product are disputed in accordance with sub-regulation (1), the sample of the petroleum product collected under regulation 15(1) or 16(1) shall be submitted to a laboratory located at the registered office of a marking company for testing, upon payment by the person disputing the results of a fee for the test.
(3) The test referred to in sub-regulation (2) shall be conducted in the presence of an inspector.
(4) The laboratory shall, within 24 hours but not later than 72 hours after receiving the sample, submit the test results to the Board.
(5) The Board shall, in the event that it disputes the results in sub-regulation (4), submit a further sample of the petroleum product in the presence of the person contesting the results to an independent laboratory and the results of such test shall be final.
18. Closure, quarantine and disposal
(1) The Board may order a licensee in possession of a non conforming product to—
(a) close or quarantine the licensee’s licensed facility in whole or in part; or
(b) dispose of or blend the non conforming product in accordance with a direction of the Board.
(2) The Board shall cause a seal to be placed at a licensed facility where the Board orders a closure or quarantine and the seal shall be prima facie evidence that the licensed facility has been closed by order of the Board.
(3) The licensee named in the order referred to in sub-regulation (1) shall comply with the order.
(4) A licensee ordered by the Board to dispose of a non conforming product shall dispose of the product in the presence of an inspector in accordance with the environmental protection directives issued by the Agency.
(5) Despite sub-regulation (1), the Board may suspend or revoke a licence under this regulation in accordance with the provisions of the Act.
19. Unauthorised removal of seals
(1) A person shall not, without lawful authority, cut, break or otherwise interfere with a seal applied to a licensed facility by the Board or a marking company.
(2) A person who contravenes sub-regulation (1) commits an offence.
20. Reopening of closed facility
The Board may, in writing, direct an inspector to reopen or dequarantine a licensed facility closed or quarantined under regulation 18 upon being satisfied that—
(a) a non conforming product has been disposed of or blended in accordance with a direction of the Board; and
(b) the Authority and the Agency have certified, in writing, that they do not object to the reopening or dequarantining of the facility.
A person who commits an offence under these Regulations for which a penalty is not provided is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to a term of imprisonment for a period not exceeding two years, or to both.
[Regulation 7(1)]
MARKING OF PETROLEUM PRODUCT
Fuel | Domestic | Road | Mines Rebate | Export Rebate | Diplomatic Missions |
|
1. | Petrol | A | B | C | C | B |
2. | Diesel | A | B | C | C | B |
3. | Kerosene | C | C | B |
||
4. | Low Sulphur Gasoil | A | ||||
A, B and C indicate different types of marker that are uniquely identifiable. |
[Regulation 7(2)]
MARKING TERMINALS
1. The Ndola Fuel Terminal |
2. The Indeni Petroleum Refinery Company tankage in Ndola |
3. Depots owned by the Government of the Republic of Zambia |
4. Depots owned by private companies |
[Regulation 7(3)]
MARKED PETROLEUM CERTIFICATE
Name of marking company: ........................................................................................................... |
Name of authorised officer: ........................................................................................................... |
Place of marking: ......................................................................................................................... |
Date of marking: .......................................................................................................................... |
Name of licensee/representative: ................................................................................................... |
Type of petroleum product: ............................................................................................................ |
Storage type and serial No.: .......................................................................................................... |
Destination of petroleum product: ................................................................................................... |
This is to certify that .................................................................................................................. has been marked by an approved marker and meets the requirements of the Energy Regulation (Petroleum Marking and Monitoring) Regulations, 2017. |
Dated the ............. day of ........................., 20...... |
............................................... |
ENERGY REGULATION (GENERAL) REGULATIONS
[Section 54]
Arrangement of Regulations
Regulation
PART I
PRELIMINARY PROVISIONS
1. Title
2. Interpretation
PART II
LICENSING REQUIREMENTS AND PROCEDURES
3. Application to establish or operate enterprise or carry out licensed activity
4. Licensing requirements
5. Additional criteria for grant of licence
6. Request for additional information for licence
7. Site visit for licence
8. Fit and proper person to grant licence
9. Objection to grant of licence
10. Grant of provisional licence and licence
11. Notice of rejection of application for licence
12. Validity and renewal of licence
13. Display of licence
14. Notice of intention to vary terms and conditions of licence
15. Notice of intention to surrender licence
16. Transfer, pledge, assign or encumber licence
17. Suspension or revocation of licence
PART III
PERMIT REQUIREMENTS AND PROCEDURES
18. Application for permit to construct energy facility, installation or common carrier
19. Permit requirements
20. Assessment before consideration of application for permit
21. Site visit for permit
22. Request for additional information for permit
23. Approval or rejection of application for permit
24. Renewal of permit
25. Suspension or revocation of permit
26. Transfer, pledge, assign or encumber permit
PART IV
GENERAL PROVISIONS
27. Excluded activities
28. Changes in detail
29. Liability insurance
30. Lost or destroyed licence or permit
31. Register of licenses and permits
32. Appointment of statutory manager on suspension or revocation of licence
33. Keeping of records
34. General penalty
35. Notice of appeal
36. Fees
37. Revocation of Statutory Instrument No. 2 of 1998
SI 42 of 2021.
PART I
PRELIMINARY PROVISIONS
These Regulations may be cited as the Energy Regulation (General) Regulations.
In these Regulations, unless the context otherwise requires—
"anti-competitive trade practices" has the meaning assigned to the word in the Competition and Consumer Protection Act, 2010;
"appropriate authority" means a Ministry, government department or statutory body having a regulatory mandate or functions related to, or impacting on, the energy sector, the environment, water management and development, and mining;
"Director-General" has the meaning assigned to the word in the Act;
"Energy Regulation Board" has the meaning assigned to the word in the Act;
"Engineering Institution of Zambia" means the Engineering Institution of Zambia established under the Engineering Institution of Zambia Act, 2010;
"engineering professional" has the meaning assigned to the word in the Engineering Institution of Zambia Act, 2010;
"enterprise" has the meaning assigned to the word in the Act;
"energy facility" means a structure, system, appurtenance, plant or equipment, whether located on private or public property, that is necessary for energy generation, storage, transportation, processing, transmission, distribution, supply, retailing or the provision of services to a consumer or user;
"information" includes documents, accounts, statistics, estimates, returns, operating stock or reports, whether or not prepared at the request of the Energy Regulation Board;
'licence" has the meaning assigned to the word in the Act;
"licensee" has the meaning assigned to the word in the Act;
"licensed activity" has the meaning assigned to the word in the Act;
"local authority" has the meaning assigned to the word in the Constitution;
"meter" means an appliance, apparatus or device used to measure, ascertain or regulate the rate or the amount of energy supplied, taken or used from an energy facility;
"Patents and Companies Registration Agency" means the Patents and Companies Registration Agency, established by the Patents and Companies Registration Agency Act, 2010;
"permit" has the meaning assigned to the word in the Act;
"promoter" means—
(a) a person who has contributed initial capital to an enterprise or has the right to appoint the majority of the governing board;
(b) a person who replaces the person referred to in paragraph (a); or
(c) a person or group of persons who have control of the enterprise;
"property" means a structure, building or part of a building, and includes land with or without buildings which is held or occupied as a distinct or separate holding or tenancy;
"Road Development Agency" has the meaning assigned to the word under the Public Roads Act, 2002;
"senior management" means the chief executive officer, chief financial officer or executive director of a licensee or any person performing similar functions, and the term "senior manager" shall be construed accordingly;
"statutory manager" means a person appointed by the Minister as a statutory manager for an undertaking in accordance with regulation 31;
"Zambia Environmental Management Agency" means the Zambia Environmental Management Agency established under the Environmental Management Act, 2011;
"Zambian National Standard" has the meaning assigned to the word in the Standards Act, 2017; and
"Zambia Revenue Authority" means the Zambia Revenue Authority, established by the Zambia Revenue Authority Act.
PART II
LICENSING REQUIREMENTS AND PROCEDURES
3. Application to establish or operate enterprise or carry out licensed activity
(1) A person who intends to establish or operate an enterprise or carry out a licensed activity shall apply to the Director-General in Form I set out in the First Schedule on payment of a fee set out in the Second Schedule.
(2) An application referred to under sub-regulation (1), may be filed as a hard copy or electronically.
(3) The Energy Regulation Board shall, on receipt of an application under sub-regulation (1), notify the applicant, in writing, whether the application is duly completed and received.
(4) An application is duly completed where the required fields in the Form are correctly filled, the required documents are attached and the fee set out under sub-regulation (1) is paid.
(1) The application referred to under regulation 3 shall be accompanied by the following documents—
(a) a copy of the certificate of incorporation;
(b) a copy of a list of the names and particulars of an applicant’s promoters or directors, certified by the Patents and Companies Registration Agency;
(c) a valid tax clearance certificate issued by the Zambia Revenue Authority;
(d) a profile, including a brief of the organisational structure, shareholding structure and senior management;
(e) written approval from the Zambia Environmental Management Agency or any other appropriate authority, to undertake a regulated activity;
(f) a copy of the five years' business plan showing projected financial statements;
(g) a statement indicating the applicant’s technical capacity to carry out the proposed activity or works for which a licence is being applied for;
(h) a design of the proposed works or activities in compliance with recognised Zambian National Standards on engineering design and accepted codes of practice, or other standards set by an appropriate authority;
(i) a set of operation and maintenance manuals for the proposed works or activities;
(j) planning permission in accordance with the Urban and Regional Planning Act, 2015;
(k) a declaration of availability of funds in Form II set out in the First Schedule; and
(l) a copy of a receipt of the application fee.
(2) A person that intends to carry out a licensed activity shall, in addition to the requirements under sub-regulation (1), submit the documents referred to in the Third Schedule with respect to the particular activity that is sought to be carried out.
5. Additional criteria for grant of licence
The Energy Regulation Board shall, in addition to the licensing requirements set out under regulation 4, consider the following—
(a) the economic and financial benefits of the activity to the country, or area where the activity shall be undertaken;
(b) the current national economic and energy policies;
(c) the ability of the applicant to operate in a manner that is not harmful to the health and safety of consumers and other members of the public; and
(d) any other matter that the Energy Regulation Board may consider likely to have a bearing on the activity or works.
6. Request for additional information for licence
(1) Despite the licensing requirements and other information expressly required to be included in an application under regulations 4 and 5, the Energy Regulation Board may request an applicant to submit further information as may be considered material to the application, to enable the Energy Regulation Board make a decision on the application.
(2) Where information is requested in accordance with sub-regulation (1), the Director-General shall notify the applicant, in writing, specifying the additional information required to be submitted and specifying the period within which the information shall be made available.
(3) If the applicant fails or neglects to submit the requested information under this regulation within the specified period, the application shall be rejected.
(1) The Energy Regulation Board may, before considering an application under regulation 3, conduct a site visit where the Energy Regulation Board considers it necessary.
(2) Where the Energy Regulation Board intends to conduct a site visit, as specified in sub-regulation (1), it shall notify the applicant, in writing, and may direct the applicant to put in place notices, or other procedures or measures in the immediate vicinity of the site where the site visit shall take place.
8. Fit and proper person to grant licence
Subject to section 14 of the Act, the Energy Regulation Board shall consider the following conditions in determining whether an applicant is a fit and proper person to be granted a licence—
(a) whether the applicant can guarantee a security of supply at the minimum barest cost;
(b) whether the applicant can guarantee a security of supply in line with the minimum standard requirements to deliver a service;
(c) whether the applicant has knowledge and expertise with respect to the activity that the applicant intends to engage in;
(d) whether the applicant is honest, not fraudulent and has complied with relevant written law;
(e) whether the applicant engages in bribery or other corrupt practices;
(f) whether the applicant is legally disqualified;
(g) whether the applicant is compliant with the submission or returns and payment of fees, charges, levies, penalties and fines under the Act;
(h) whether the applicant already has a licence with the Energy Regulation Board and elects to incorporate a new company and apply for a new licence but is owing a fee, charge, levy, penalty or fine under the Act; or
(i) in the case of a renewal, whether the applicant has breached the conditions of the licence repeatedly.
9. Objection to grant of licence
A person who intends to object to the grant of a licence shall, where the Energy Regulation Board publishes a notice of its intention to grant a licence, make an objection in Form III set out in the First Schedule.
10. Grant of provisional licence and licence
(1) The Energy Regulation Board may, where the Energy Regulation Board determines that an applicant has met the criteria to be granted a licence, issue the applicant with a provisional licence pending the grant of a licence in Form IV set out in the First Schedule.
(2) The Energy Regulation Board shall, where the licensing requirements are complied with, issue the applicant with a licence in Form V set out in the First Schedule.
(3) A licensee shall, in addition to the conditions endorsed on the licence, comply with the conditions set out in the Fourth Schedule.
11. Notice of rejection of application for licence
The Energy Regulation Board shall, where it rejects an application for a grant of a licence, notify the applicant in Form VI set out in the First Schedule.
12. Validity and renewal of licence
(1) The validity period of a licence shall be endorsed on the licence.
(2) A person who intends to renew a licence shall, three months before the expiry, apply to the Director-General in Form I set out in the First Schedule on payment of a fee set out in the Second Schedule.
(3) The Energy Regulation Board shall, where it rejects an application under sub-regulation (2), inform the applicant in Form VI set out in the First Schedule.
(4) The Energy Regulation Board shall, where it approves an application under sub-regulation (2), renew the licence in Form V set out in the First Schedule.
A licensee shall display the licence in a conspicuous place at the licensee’s registered place of business and at every other premise where the licensee carries on business.
14. Notice of intention to vary terms and conditions of licence
The Energy Regulation Board shall, where it intends to vary the terms and conditions of a licence, give notice to the licensee of its intention to vary the terms and conditions of a licence in Form VII set out in the First Schedule.
15. Notice of intention to surrender licence
(1) A licensee that intends to surrender a licence shall notify the Energy Regulation Board of the intention to surrender a licence in Form VIII set out in the First Schedule.
(2) A licensee shall, on lodging a notice of intention to surrender a licence, submit the following to the Energy Regulation Board—
(a) evidence of discharge of outstanding obligations to the Energy Regulation Board or any other appropriate authority, including filing of returns, payment of fees, tariffs or levies or penalties imposed; and
(b) any other relevant information as the Energy Regulation Board may request.
(3) A notice of intention to surrender a licence shall become effective if the licence is surrendered to the Energy Regulation Board by the licensee and the licence is cancelled.
(4) If, prior to the effective date of cancellation of a licence, as provided in sub-regulation (3), the Energy Regulation Board has initiated proceedings to suspend or revoke a licence, the notice of intention to surrender a licence, shall only become effective at a time and on terms and conditions that the Energy Regulation Board may consider necessary in the public interest.
(5) The Energy Regulation Board shall publish the notice of intention to surrender a licence in a newspaper of general circulation in the Republic.
16. Transfer, pledge, assign or encumber licence
(1) A licensee that intends to transfer, pledge, assign or encumber a licence, shall apply to the Director-General, in Form IX set out in the First Schedule on payment of a fee set out in the Second Schedule.
(2) A licensee shall, where an application is made under sub-regulation (1), submit the following to the Energy Regulation Board—
(a) evidence of discharge of outstanding obligations to the Energy Regulation Board or any other appropriate authority, including filing of returns, payment of fees, tariffs or levies or penalties imposed;
(b) information on the person, if any, who shall take over operations in the case of a transfer or assignment of the licence; and
(c) any other relevant information that the Energy Regulation Board may request.
(3) The Energy Regulation Board shall approve an application, made in accordance with sub-regulation (1), if—
(a) the licensee has discharged outstanding obligations to the Energy Regulation Board or any other appropriate authority, including filing of returns, payment of fees, tariffs or levies or penalties imposed;
(b) the Energy Regulation Board has not initiated proceedings to suspend or revoke the licence;
(c) the licensee has not, in the last 12 months, immediately before the application, contravened the Act, these Regulations or any other relevant written law; and
(d) on any other terms and conditions that the Energy Regulation Board may determine.
(4) The Energy Regulation Board shall, where it approves an application under sub-regulation (1), issue the licensee with a certificate of approval of transfer, pledge, assignment or encumbrance of licence in Form X set out in the First Schedule.
(5) The Energy Regulation Board shall, where it rejects an application under sub-regulation (1), notify the applicant in Form VI set out in the First Schedule.
(6) The Energy Regulation Board shall, where the Energy Regulation Board approves a transfer, pledge, assignment or encumbrance of a licence, publish the certificate of approval in the Gazette.
17. Suspension or revocation of licence
(1) The Energy Regulation Board shall, where the Energy Regulation Board intends to suspend or revoke a licence, notify the licensee in Form XI set out in the First Schedule.
(2) The Energy Regulation Board shall, where it suspends or revokes a licence, notify the licensee of the suspension or revocation of the licence in Form XI set out in the First Schedule.
PART III
PERMIT REQUIREMENTS AND PROCEDURES
18. Application for permit to construct energy facility, installation or common carrier
(1) A person that intends to construct an energy facility, installation or common carrier shall apply to the Director General for a permit in Form XII set out in the First Schedule.
(2) An application under sub-regulation (1) may be filed as a hard copy or electronically.
(3) The Energy Regulation Board shall, on receipt of an application under sub-regulation (1), notify the applicant, in writing, whether the application is duly completed and received.
(4) An application is duly completed where the required fields in the Form are correctly filled and the required documents are attached.
A person that lodges an application under regulation 18 shall lodge the application together with the following documents—
(a) written approval from the Zambia Environmental Management Agency;
(b) copies of detailed site plans and engineering and structural drawings according to applicable regulations, Zambian National Standards, guidelines or orders issued by the Energy Regulation Board;
(c) approval by the relevant local authority for siting of energy facility;
(d) a completed appendix showing the capacity of energy facility;
(e) approval from the Road Development Agency or any other appropriate authority, where applicable;
(f) a practising certificate issued by Engineering Institution for Zambia for a registered engineering professional that will supervise the project;
(g) a letter of appointment of a registered engineering professional to supervise the project;
(h) a copy of the five years business plan showing projected financial statements, where applicable;
(i) a declaration of availability of funds in Form II set out in the First Schedule; and
(j) any other approval from an appropriate authority having jurisdiction in the area being proposed to be developed.
20. Assessment before consideration of application for permit
The Energy Regulation Board may, before considering an application under regulation 18, conduct or cause to be conducted an assessment of an applicant so as to ascertain whether the applicant has—
(a) the financial resources and technical capacity to carry out the activity or works for which a permit is being applied for;
(b) written permission from the owner of the land or a lawful occupier or an appropriate authority, to carry out the activity for which a permit is being applied for; and
(c) complied with the Urban and Regional Planning Act, 2015.
(1) The Energy Regulation Board may, before considering an application under regulation 18, conduct a site visit where the Energy Regulation Board considers it necessary.
(2) The Energy Regulation Board shall, where the Energy Regulation Board intends to conduct a site visit under sub-regulation (1), notify the applicant, in writing, and may direct the applicant to put in place notices, or other procedures or measures in the immediate vicinity of the site where the site visit will take place.
22. Request for additional information for permit
(1) Despite the permit requirements and any information expressly required to be included in an application under regulations 19 and 20, the Energy Regulation Board may request an applicant to submit further information that may be considered material to the application to enable the Energy Regulation Board make a decision on the application.
(2) The Director-General shall, where information is requested in accordance with sub-regulation (1), notify the applicant, in writing, specifying the additional information required to be submitted and specifying the period within which the information shall be made.
(3) If the applicant fails or neglects to submit the requested information within the specified period, the application shall be rejected.
23. Approval or rejection of application for permit
(1) The Energy Regulation Board shall, where all permit requirements have been complied with within 20 days of receipt of an application under regulation 18, approve the application for a permit and grant a permit to the applicant in Form XIII set out in the First Schedule.
(2) The Energy Regulation Board shall, where it rejects an application for a permit, notify the applicant in Form VI set out in the First Schedule.
(3) The validity period of the permit shall be endorsed on the permit.
(4) A permit holder shall keep a copy of the permit at the site or premises being constructed for inspection by the Energy Regulation Board.
(1) A permit holder may, three months before the expiry of the permit, apply to the Energy Regulation Board for a renewal of the permit in Form XII set out in the First Schedule.
(2) The Energy Regulation Board may, within 20 days of receipt of an application under sub-regulation (1), approve or reject the application.
(3) The Energy Regulation Board shall, where it approves the application, issue the applicant with a permit in Form XIII set out in the First Schedule.
(4) The validity period for a renewed permit shall be endorsed on the permit but shall not exceed two years.
(5) The Energy Regulation Board shall, where it rejects an application, notify the applicant in Form VI set out in the First Schedule.
25. Suspension or revocation of permit
(1) The Energy Regulation Board may suspend or revoke a permit, if the permit holder fails to—
(a) comply with the Act, these Regulations or any other relevant written law;
(b) commence the operations for which the permit was granted within the period specified by the Energy Regulation Board from the date of the grant of a permit;
(c) submit information or reports on activities, that may be required by the Energy Regulation Board;
(d) update its operational systems and procedures as recommended by the Energy Regulation Board; or
(e) co-operate in any investigation or inspection undertaken by the Energy Regulation Board.
(2) The Energy Regulation Board shall, before suspending or revoking a permit in accordance with sub-regulation (1), give the permit holder a notice of its intention to suspend or revoke the permit in Form XI set out in the First Schedule giving reasons for the intended suspension or revocation and require a permit holder to—
(a) show cause, within a period specified in the notice, why the permit should not be suspended or revoked; or
(b) take remedial measures, within a period specified in the notice, to the satisfaction of the Energy Regulation Board to prevent the suspension or revocation of the permit.
(3) The Energy Regulation Board shall not suspend or revoke a permit, if remedial measures are taken, to the satisfaction of the Energy Regulation Board, that ensure compliance with the Act, these Regulations or other relevant laws, within the period specified under sub-regulation (2).
(4) The Energy Regulation Board may, after giving the permit holder an opportunity to be heard, in person or in writing, suspend or revoke the permit in Form XI set out in the First Schedule, if the permit holder—
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