Electricity Act, 1995
This section gives the Act its short title and says it starts on a date the Ministry appoints by statutory instrument.
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access to land citation commencement compensation compliance construction restrictions consumer notice cross-border power purchase rights damage compensation damage repair distribution electricity distribution electricity generation electricity pricing electricity supply electricity transmission energy equipment removal false statements incident reporting information disclosure infrastructure inspection land access +34 more
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About this statute
This section gives the Act its short title and says it starts on a date the Ministry appoints by statutory instrument. This section defines key electricity terms and says no person may establish or carry on an undertaking unless it complies with this Act and the Energy Regulation Act. Subsection (1) does not apply to an undertaking if its plant is rated at less than 100 kilowatts and is used only for generating, transmitting, distributing, or supplying electricity for the operator’s own use. People who want to create and establish certain generating station works must comply with regulations and any Minister or Board requirements. The Minister may declare a transmission line to be a common carrier, and use of that line is then subject to regulations and agreed or Board-determined terms. An undertaking that wants to change its generating capacity or its right to buy power from outside Zambia must apply to the Minister for approval and file a full report.
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Provisions of Electricity Act, 1995
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- 1 Verify source ↗
This Act may be c_ited as the Electricity Act, 1995, and .shall
This section gives the Act its short title and says it starts on a date the Ministry appoints by statutory instrument.
1. This Act may be c_ited as the Electricity Act, 1995, and .shall come into operation on such date as the Ministry may, by statutory instrument, appoint. Sharl title and. commence ment - 2 Verify source ↗
Section 2
This section defines key electricity terms and says no person may establish or carry on an undertaking unless it complies with this Act and the Energy Regulation Act.
2. In this Act, unless the context otherwise requires- Inlcrprctation " Board" means the Energy Rcgul,ttion Board established by the Energy Regulation Act; Act No. of 1995 "contract of supply" incans a contract between the operator of an undertaking and any other person for the supply of electricity to-that person: ,; consumer'' rneans a pers.on to whom electricity is supplied under a contract of supply; " gCncraLi�g station .. ,, means ·any station rOr 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; 172 No. 15 of 1995] Electricity I, r, Act No. 22 of 1991 " 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, 1991: owner 11 11- (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 liqii'idator or receiyetof a compapy 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 same meaning assigned to it in the Zambia (State Lands Reserves) Orders, 1928to 1964; "street" means any road or highway or any part _of a road or highway; wheth_er or not it has qeen at any time declared or rendered such by som'e competent authority, and includes bridges over which a street passes and a11y drift jn the line of a street arid all app�oaches: �uttin�s, em_bankrnents, subways, c�lverts, sluits, drains, dam_s, kerbs, fences, parapets, guards, grid-i_ron track_s, and other work or thing )orming.part. of_'or connected with,.�r b�longing to, such street, and fnqludes any ,;anitary lane or private street;. ·1 L Electricity [No. 15 of 1995 173 "transmission line" means any cable or overhead line for the · transmission or ,reticulalio'n· of e_lcctricily from one undertaking to anotheror from an undenaking to a consumer, together with any transformers, switchgear and other works necessary Lo, and used in connection with, such cable or overlie ad line, and the buildings such part thereof as may be required to accommodate such transformers, switchgear and other works; " undertaking " means any undertaking 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 or a group of associated companies forthe 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 ELEcrn1crrY GENERA·no:--, TRAxs�11ss1ox. Drn-mmuTJON AND SUPPLY (]) Subject to subsection (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.
Part
PART II
- 3 Verify source ↗
Section 3
Subsection (1) does not apply to an undertaking if its plant is rated at less than 100 kilowatts and is used only for generating, transmitting, distributing, or supplying electricity for the operator’s own use.
3. (2) Subsection (1) shall not apply to an undertaking the plant of which is rated atlhe site where it is installed ata'capacityofless than one hund_red kilowatts and which. is a capacity of less than one hundred kilowatts and which is used solely for the generation, transmission, distribution or supply of electricity for an operator's o=u�. - 4 Verify source ↗
Section 4
People who want to create and establish certain generating station works must comply with regulations and any Minister or Board requirements. The Minister may declare a transmission line to be a common carrier, and use of that line is then subject to regulations and agreed or Board-determined terms.
4. (1) Any person who wishes · to creel and establish any generating station works- With Certain exceptions, Under laking Lo comply with law Act No. of 1995 (aJ the plant of which will be rated at the site where il is Lo be installed at a capacity of hundred·or more kilowalls, for generating, LransmiHing., transfonning, converting or distributing .clcclricily; or · (b) the plantofwhich is rated ,it uie :iitc where il is install�d .at a capacity of less than cine hundred ,kilo�atts a·nd w_hjch. is used for the generation, transmission , distribution o'f supply of electricity for the-Use-of any either person, whether or not it is for-an operator's own use·; shall do so in'a·�cordance with rcguiations .,;adc und�r this Act, and shall comply with any requirement of the Minister or the_ Board·for the purpose· of facilitating- co-ordiriatioti' with' existing or future_ undertakings. · -� - :! ,1 ·I I '' ,I 'I I, \I . ·, 11 \\. Ii !1 I I I .I 174 No. IS of 1995] Electricity (2) The Minister may, by statutory instrument, declare any transmission line to be a common ,carrier for the purposes of this Act. (3) A transmission line that is declared, under subsection (2), to be a common carrier may, subject to any regulations made under this Act and any requirements made by the Minister or the Board under subsection (I), be used l'orthe purposes of an undertaking on such terms and condilions as may be agreed between the operator of the undertaking and the owner or person in control of the line concerned or, in default of such agreement, as may be determined by the Board with the consent or the Minister. Increase or decrease of rated generating capacity - 5 Verify source ↗
(1) If any undertaking wishes to increase or decrease its rated
An undertaking that wants to change its generating capacity or its right to buy power from outside Zambia must apply to the Minister for approval and file a full report.
5. (1) If any undertaking wishes to increase or decrease its rated generating capacity, or its contractual rights to purchase power from outside Zambia, iL shall apply Lo the Minister for approval and shall su_bmit Lo the Minister a full report on its proposals. Duties of. operator of undertaking as to supply Act No. of 1995 (2) The Minister shall, in considering any application under this section, have regard to the terms of any relevant international agreement. (3) The Minister may, after considering a report submitted under this section, approve or refuse the application; and the decision by the minister shall be final, subjccr only to a right of appeal to the high Cou11 on a point of law. - 6 Verify source ↗
(]) Subject to the terms and conditions of a licence issued in
Operators must supply electricity to eligible consumers, and the Board can set supply conditions if an operator delays or refuses supply.
6. (]) Subject to the terms and conditions of a licence issued in accordance with the Energy Regulation Act, every operator of an undertaking shall supply electricity lo every consumer who is in a . position to make satisfactory arrangements for payment under a contract of supply with that operator. · · (2) Where an operator of an undertaking unduly delays or refuses to supply any applicant with electricity. Lhc consumcF may appeal to the Board, which shall determine the conditions under which the operator shall undertake such supply. (3) A person who is supplied with electricity from an opcralorof an undertaking shall not be entitled to a standby supply of electricity from-the operator in respect <if' any premises unless that person has agreed to pay, and has given security to pay, such minimum annual sum as will give to the operator a rqasonablc return on any capi'tal expenditure and any other stand.ing c_hargcs which may be incurred in meeting the_ maximum dcm:md fo\ the prcmi,scs. Cliarges for supply - 7 Verify source ↗
Subject to section eight, the charges made by an operator of
An electricity supplier’s charges must be set in line with the undertaking’s licence, subject to section 8.
7. Subject to section eight, the charges made by an operator of · an undertaking that 'supplies electricity lo the public shall be determined in accordance with th� licence governing the undertaking. Variations and alterations of charges - 8 Verify source ↗
(I) Subject to other provisions or this section, an operator of
An electricity supplier may vary a consumer’s charges, but it must notify the consumer, and the consumer can apply to the Board for review within 30 days.
8. (I) Subject to other provisions or this section, an operator of an undertak.ing that supplies electricity to the public may;with due regard to any or all of' the following circumstances: ,· ; i I I I I I' ' I' I I , r i I ,, 1' q 'I Electricity [No. IS of 1995 175 ( a) ll)c amount or elecuicily consumed: (b) the unifonnity or regularity demand: (c) the lime when or during which the electricity is rcquir,ed; ( d) lhe expcnditur;· or the operator ·or lhe undertaking in furnishing supply; (e) any other circumstances approved by the Board: vary prices in rcspccl or the supply or electricity lo a particular consumer either above or below the charges srccilicd in the licence governing the undertaking and may, from time 10 lime, alter the charges so varied. (2) Ir an operator considers ii expedient Lo vary or alter charges in respect or any supply or electricity, the operator shall give notice to the consurner of thc proposal lo vary or alter those charges, as lhc case may be. (3) Ir the consumer docs not make any application under subsection (4) within Lhirly days_ oi' the dmc or notice rcre,rrcd lo in subsection (2), lhe vari_ation or allcralion, as the case may be, shall, unless the operator or undertaking and the consumer otherwise agree, come into err eel thirty days after lhc dale or thal notice or from such later date as the operator may in thal notice lix. (4) The Board shall,.on an application by a consumer, review a proposal referred Lo in subsection (2), taking into consideration any submissions made by the consumer. ° (5) Any application made under subsection (4) , together with any objection or the operator Lo that application, shall he submitted to the Board. ·i ,I I (6) Any consumer who makes an application under subsection (4), or the operator or any undertaking who objects to such an application, may, either by themselves or by thci r legal practi lioncr, appear bcforll11c Board and lead evidence in support or lhc application or ) bjcction, as the case may be. (7) After coti:�idcring the application rclcrred to in subsection (4) and any objection thereto, the Board may- . ( a) connJ Lile proposed varii1Li0t) or allcration,"as the case _ may�- to which_the applicatio_n relates; · · (b) order that, the proposed va,iation or allcration, as the case . · may bq, 10 which the application relates shall not be made; or \ (c) order the �peiator or the undertaking Lo make such other varialio" or allcration, as the case may be, as the Board consider� fil. . . 1 76 . No. 1 5 of 1995 ] Electricity Conlracl of supply musL he carried out - 9 Verify source ↗
Except ror causes beyond the control uf the operator or an
An operator must not cut or reduce electricity supply unless the listed payment/default conditions are met. The Board may suspend or revoke a licence and appoint someone to run the undertaking in some cases.
9. Except ror causes beyond the control uf the operator or an undertaking, and subject tel any regulations made undcr this Act, no such operator shall lessen or discontinue the supply or electricity stipulated in any coniract or supply unless- Failure lo carry oul C<lntrnct or supply (aJ the consumer has railed 10 pay charges lawfully due in terms orll1c conditions orsupply orthe agreement, as the case may be: or (b) the consumer has Jailed Lo comply with conditions or supply orthc regulations and failed Lo remedy Lhedefaull within seven days or receiving, ,by registered post_ from Lhe opcratorof Lhe undertaking, a noL_icecalling upon the consumer Lo do so. IO, (1) If any operator or an undertaking willrully or without reasonable cause lessens or discontinues· Lhe supply or electricity stipul:iLed in any contract or supply, ·or if a person o.rerates an undertaking in such a manner ,l, is, in Lhe opinion of Lhe Board, detrimental Lo Lhe public interest, the Board may, after affording Lhe operator an opportunity Lo be· hcard ·on Lhe maLLer, suspend Lhe licence and authorise any person appointed by Lhe Board Lo enter upon Lhe undertaking and rorthwiLh Lo Lake all such action as Lhal person rnay considcr ncccssary for the mai nLcnancc and continuation or the surply or electricity from the undertaking. (2) The person appointed under subsection ( 1 ) shall operate the undertaking for, and on account or, and al Lhe. risk and expense or, the operator Lhercor, and sllall, alkr deducting such amount, in payment or the reasonable costs and expenses of operating Lhe undeitaking, as Lhc Bottrd may approve, render the balance-or the net "revenue derived from ·Lhc undertaking Lo such operator. (3) Any entry made under this section shall not prejudice or affect Lhe security or ai1y"debcnLure holdcror mortgagee orthe right ·-of enforcing such security. (4) Where Lhe Board. takes· action under subsection (1), Lhe Board ·shall noL remove the suspension of"Lhe licence until the.Board is satisfied that Lhe causes for which the licence was suspended have been removed. · · (5) Notwithstanding the foregoing provisions o rthis section, if the estate 6r the c,pcr,1tor or•,in undertaking has been Lhe subject or a receiving order made tinder any law·rclaLing LO bankruptcy, the . undertaking .shall not,. save with the consent of Lhc rcceiv.er or trustee, its Lhc case rnay be, be operated for a period longer Lhan ninety days and the taking over of comrol of Lhc undertaking under Lhe provisions of Lhc section shall nol deprive such receiver or Li-ustecor the right LCl.disposc or the undc,taking for Lile benefit of Lhe creditors. ' I Electricity INo . .15 of 1 995 177 1 1 . (1) Where the opcratoror an undcnaking rails to remove the causes for which the licence authorising the undertaking was suspended within ninety days or the suspension, the operator shall be deemed to be in default ror the purposes o/ section fi rtccn or the Energy Regulation Act, and the Board may, alter affording the operator an opponunity to be heard on the mallcr eithcr directly or through a legal practitioner, revoke the liccn'cc in accordance with the provisions of this Act. (2) In (he event of a licence being revoked underthis section, the Board may authorise any person appointed by the Board to enter upon .the undenaking of the person concerned and .operate it i,n accordance with the provisions or this Act,. but no such entry shall prejudice.or affect the security of any dcbcntu,rc holder or monga_ge or the right or enforcing s.uch security. - 12 Verify source ↗
Any person who operates an undcnaking the plant of
Operators of qualifying undertakings must give the Minister and the Board details of the plant and installation, keep the undertaking in line with regulations, and follow Minister or Board requirements for coordination.
12. Any person who operates an undcnaking the plant of which is rated at the site where it is installed at a capacity of one hundred or more kilowatLs shall submit to the Minister and the Board details of the plant and installation. of the undcnaking in such manm:r ,.:,d form as may be prescribed, and any such undertaking shall be maintained in accordance with regulations made undcrthis A,:t, and shall comply V-:ith any requirement of the Minister or the Board for 'tl1e purpose of facilitating co-ordination with existing or future undertakings. - 13 Verify source ↗
(I) A l icence under the.Energy Regulation Act authorising
A local authority must consent before a licence to supply electricity in its area is issued; a person may appeal to the Board if that consent is unreasonably withheld.
13. (I) A l icence under the.Energy Regulation Act authorising any person to supply electricity within the area underthe jurisdiction of a local authority-shall not be issued without the consent of that · local authority. (2) Any person who consider� t11at the consent of the local authority has been unreasonably withheld may appeal to the Board who shall, after hearing the parties, make such decisi9n as it may consider fair and reasonable. Rcvc>caticm of licences Acl No. of 1 995 Maintenance of undertakings Supply within area o f local amhority Act No. Of 1995 PART IJI ACQUISl'J'IO, OF LA,ll RiG!lTS OVER LA,ll / 14. (I). 'The.President may, by-order, autholise the acquisition by compulsion of so much land,' including State Land, .as the President may consider necessary for 1ny purpose associated wilh the gereration,.transm_ission,_distlibuticn or supply of electricity by an operat9r of.any undenaking ancj any acquisition.in terms of this sectio_n shall be completed in accordance with such directions as the Presiderii may give in that or any other order. Acquisi1ion of land for elcr.:tri,:iLy purposes , , I ,I I fl ,; l1 i: ·-----.......... 178 No. 15 of 1 995] Electricity (2) Before making an order under subsection (1), the President shall be satisfied that- ( a) the operator concerned has taken all reasonable steps to acquire the land intended lo be used on reasonable terms by agreement with the owner of the land and has been unable to do so; and (b) the acquisition of such land is necessary for the purposes of the undertaking.carried on by the operator concemed. (3) The President may, under such conditions. as the President may consider necessary, including conditions requiring the reimbursement of compensation paid under subsection (4); 'permit the use by the operator of any undertaking of any land which the President has acquired under subsection (!): Provided that- . st?(a) the land shall not be used by that operator for any purpose other than the purpose other thao the purpose for which it was acquired under subsection (!); and (b) the land or such part of it as the President may determine shall revert to the use and absolute control of the President if il or any part of il is used for any purpose for which it. was acquired under subsection (1). (4) Adequate compensation shall, from moncxs appropriated for the purpose by Parliament, be paid to any person who suffers loss or damage through the exercise of the powers conferred by this section in accordance with the provisions of the lands Acquisition Act. (5) An application for an order under this section shall be made in the manner prescribed, and a copy of each application shall be served on the owner of the land and on any person lawfully occupying it if such ownerorpcrson is, at the time'ofthe application, resident within Zambia. (6) If the owner of, or any person lawfully occupying, any land to be acquired under this section is temporarily absent from Zambia at the time when an order is made, any person.authorised by the President so to act mayupon, lake possession of, and use, such land, leaving all questions as to the compensation to be paid for such land to be settled afterwards in accordance with subsection (4). Cap. 296 I · 1 ' I I I ·\ Electricity [No. 15 Qf 1995 _ 179 Wayleaves over land (7) Where any rights oyer land have been acquired by the operator of an undertaking, whether by agreement or under this Part, then, notwithstanding the fact that those rights may not have been registered against the title to the land Lo which they relate in accordance with the wriuen law relating Lo regisLrationoftitle, those rights shall be binding on the owner of such land and on the successor in title or representative in interest.
Part
PART IJI
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(i) Notwithstanding section fourteen, the operator of an
An operator may place transmission lines on or across land, but must give notice and cannot place lines in or over buildings without the required consent.
15. (i) Notwithstanding section fourteen, the operator of an undertaking may, subject Lo the provisions of this section, place transmission line, whether above or below ground, into, out of, or across, any land including State Land, other than land covered by buildings. (2) Before placing any line in position in accordance with subsection (1), the opera Lor shall serve on the ownerofthe land and any person lawfully occupying iL or, in the case of a street, on the local or other authority concerned, notice of the intention to erect a line, together with a description of tl\e lines proposed Lo be placed: Provided that if the_owner or such person is not resident or has no representative within Zambia, no such notice need be served. (3) If, within twenty-eight days alkr the service or a notice under subsection (2), the person Lo whom such notice has been given objects, or auaches to the consent any terms or conditions to which the operator of the undertaking objects, the operator may refer the mauerLo the Minister for decision, and the Minister may make such order as may be necessary: Provided that any _question as Lo an amount of compensation shall, with any necessary.modi!ications, be decided in accordance with subsection (4) of section fourteen. (4) Nothing contained in this section shall authoriseorempower the operatorof an undertaking to lay down or place any transmission line into, through, oragainsL any building, orin any land land above which a building is erected, without the consent of the owner and lawful occupier thereof: Provided that any overhead line and any support. stay or strut required forthe sole purpose of s_upporting an overhead line may be ·placed on or above any land or building with the consent of tile mjnister if, in the minister' opinion, the consent of the o.wner .or person la'Vfully occupying the )and, as the case may be, is being mireasonably withheld, and the Minister shall !ix the"amount of compensation or ofannual rental, or of both, whicli shall be paid to such owner or such person by the operator: I' I\ 'I :1 r , I 180 No. lS of 199S] J:.:li:ctricity Rights of entry Trees and buildings interfering with transmission lines (5) If the ownerof, or person lawfully occupying, any land on or over which any transmission line has been placed, or in the case of a street, the local or other authority concerned, requires the position of such line tb be changed, the Minister may, by notice in writing, order the operator to alter the position of such Iirie, subject to such conditions as failing agreement bet ween the parties, may be specified by the Minister. - 16 Verify source ↗
(I) When, in accordance with the provisions of this Part, the
An operator who has been permitted to use land or has placed a transmission or distribution line may have reasonable access to that land or line for authorised operations and for maintaining, removing, repairing, or replacing the line.
16. (I) When, in accordance with the provisions of this Part, the operatorof an undertaking has been permitted to use any land or has placed a transmission or distribution line in posi'tion, the operator shall be entitled to reasonable access to such land or line for the purpose of carrying on 1l1e operations authorised by his licence on such land or maintaining; removing, repairing or replacing such line. (2) When the operaLorof any undertakin_g has acquired any land or rights over land under.the provisions of any law relating to power orlig!ll, the provisions of subsection (1) shall apply, with necessary modifications, to acce_ss to such land, imd any person entitled to exercise them, subject to the conditions applicable to them underthe provisions of the· law at the time when they were requirc'rl - 17 Verify source ↗
( 1 ) Where on any land, including Stale Lanu, , recs or
An operator may give at least 14 days' notice and then enter land to cut down or trim trees or undergrowth that obstruct a transmission line; in urgent cases, the operator may act without notice.
17. ( 1 ) Where on any land, including Stale Lanu, , recs or undergrowth obstruct or interfere.with the construction, working or maintenance of any transmission line, the operator concerned may give to the owner or lawful occupier of the land upon which s_uch trees or undergrowth are situated not less than fourteen days' notice · of intention l!J enter upon the land and cut down or trim the trees or . undergrowth in question and, after expiry of such notice, may enter upon land and carry out such intention: Provided that, after receiving notice in terms of this subsection, _the owner or.lawful occupier upon whom it was served may, at his own expense and at any time before the expiry of the notice, cut down of trim the trees or undergrowtfl _in question· to the extent indicated by the operator. (2) Not withstanding ;subsection (]), if_ im�ediate action is imp�rativ� to protect any transmission line from damage by any trees orundergrowth on ai:,y land,'in�i'ud_ing State Land, the operaior concerned.may, without any.notice to ll]c ownei-orlawful occupier, enter.upon:such l_and_ and caus_e such ire.es oi:underg'iowth to b,e cut down ortrimmed in such manner as may. be necessary to prevent the damage. ,. I I i Electricity . [No. 15 of 1995 181 Obstruclion of lines by buildings, ClC. Breaking up of streets· - 18 Verify source ↗
(I) Except with the pcnnission of the operator of the
A person may not build a structure that is likely to interfere with electricity transmission unless the transmission-line operator permits it.
18. (I) Except with the pcnnission of the operator of the undertaking who has control of the transmission line in question, no person. shall erect any building or structure in such a.position or manner as to be likely to interfere with the supply of electricity through any transmission line. (2) If, after a transmission iinc has been constructed, any persqn erects any building or structure in such a position or in such a manner as to be likely Lo interfere with the supply of electricity thro·ugh the transmission line in question, the operator of the undertaking who controls such transmission line mayrequest the person concerned to be remove or adjust the building or structure as may be necessary, and the person concerned fails to comply with the request, the operator may apply to the Minister for order for the removal or adjustment of the building or structure and, after due inquiry, the Minister may make such order as may be necessary. - 19 Verify source ↗
(I) Where a person who operates an undertaking has acquired
An undertaking operator may open streets and work on transmission lines, but must give notice, follow authority supervision and plans, and restore and secure the street after the work.
19. (I) Where a person who operates an undertaking has acquired the right to place or replace a transmission Unc across, under, or along any street or has so placed a transmission line in accordance with this Actor any law relating Lo powerand light, that person may break up any street in respect of which such rights have been acquired and may, from time Lo time, repair, alter, or remove any such lilies. (2) Before exercising any power conferred by this section, the operator of an undertaking shall give to the local authority or other authority' concerned such notice, in writing, as it may require, not exceeding twenty-eight days, of the operator's intention to so, except in cases of emergency, when the operator shall give notice thereof to that authority as soon as possible after the emergency has arisen, and shall likewise give notice lo the owner of water pipes, telephone cables, or other installations likely to be affected by the exercise of such power. (3) Except in cases of emergency, the powers conferred by this section shall be exercised under the superintendency of the local or other authority concerned and according to such specifications and such plan showing the route approved by that authority or, if any difference arises respecting the specification, plan or route, then as may be approved by the Minister: . Provided that, ifthe authority cpnccmed fails to exercise the powers of superintendency herein conferred after such notice has been given, the operator m·ay exercise those powers without such superintendency. (4) Whenever the operator of any-undertaking carries out any work authorised under this section, the operator shall-comply with the by-laws and regulations of the local or other authority concerned, and shall complete that work with reasonable despatch, and shall reinstate and �ake good the street opened or.broken up and remove the rubbish_occ_asioned thereby, and shall, while the street is opened 6r broken up or obstructed, cause the works to be all times fenced and guarded and to be lit during the night. 182 No. 15 of 19951 Electricity (5) If the operator of an undertaking fails to carry out any duty imposed by subsection (4), the local or other authority concerned may cause any work delayed or omitted to be executed at the expense of the operator. (6) The operator of an undertaking shall pay to the local or other authority concerned costs reasonably and necessarily incurred by it in exercising any necessary superintendency under this se.ction, or in reinstating and making good any street opened or broken up by the operator. - 20 Verify source ↗
Section 20
An operator carrying out works under the Act must avoid unnecessary damage and inconvenience and must pay full compensation for damage caused.
20. In the exercise or powers in relation to· the execution of works given under this Act, an operator of an undertaking shall cause as little detriment and inconvenience and do a� little damage as possible, and shall make full compensation to all local and other authorities and other persons who have sustained damage, for all damage sustained by them by reason or consequence of the exercise of such powers and, in default of agreement between the parties, the amount and application of �uch compensation shall be determined by arbitration Act arfd f"or that purpose the parties shall be deemed to be parties to a submission in which the reference is to two arbitrators. PART IV OFFENCES AND PENALTIES Compcnsalion for damage in the exercise of powers Cap. 180 Interference with supplies and apparatus ,t
Part
PART IV
- 21 Verify source ↗
(1) Any person who, without legal right, abstracts or causes
A person must not take, divert, use, cut, damage, or interfere with electricity or electricity equipment without legal right; doing so is an offence.
21. (1) Any person who, without legal right, abstracts or causes to be abstracted, or diverts or causes to be diverted, any electric current, or consumes or uses any such current, knowing the same to have wrongfully or unlawfully abstracted ordiverted, shall be guilty of an offence. (2) any person who, without legal right,_cuts, injuresorinterferes with any apparatus for generating, transmitting or distributing or supplying electricity, or maliciously extinguishes qr damages any lamp orother electric apparatus provided for the convenience of the public, shall be guilty of an offence . . - 22 Verify source ↗
Any person who, in giving informatio_n, making any
A person commits an offence if they knowingly make a false statement in a material particular when giving information, making an application or claim, or giving notice under this Act.
22. Any person who, in giving informatio_n, making any application or claim, or giving ·any notice· for the purpose of any prov.ision of this Act, makes any _statement that the person'knowsto be false in a material particular, shall be guilty of an offence. False information i. • I 1 ! . , ' I , ( Efrnricity INo. 1 5 ol' l 'J95 1 83 ° - 2 Verify source ↗
3. A11y person wlm ca1Ties l)11 an u11dertaking in contravcnti01)
A person who contravenes the Act or ignores an order or decision under the Act commits an offence, and each offence can be punished by a fine, imprisonment, or both.
2.3. A11y person wlm ca1Ties l)11 an u11dertaking in contravcnti01) l)l this Acl. or any person who !'ails to carry out an Ji orderordccision ol' ihc Prcsidc'lll. ihc Minisicr or lite- BP.ml umkr lhi, Acl sh;ill he· guilty of an l)ffcnce. 2-1. A11y person who is guilty or an ol'lencc undcr this Act shall be liable i11 respect or each offence 10 a l'i11e 1101 exceeding one l1umlred thousand penalty units, or IO imprisonment fora period not exceeding five years. or to both. ° <l1 1Lrnvcti1)1\S C of Al.:l Pc1ialtics PART V GE�EK,\I.
Part
PART V
- 25 Verify source ↗
The M inister, the Board or any person authorised in writing
The Minister, the Board, or a person authorised in writing by them may enter an undertaking’s premises at reasonable times to check compliance with the Act or any licence conditions.
25. The M inister, the Board or any person authorised in writing by the Mini,;1er or the Boar(1 may, al all reasonable times, enter the premisesol'any unde1taking fort he ph,po,;e ol'asce11aining whether the provisions of lhis Act or the conditions of any licence arc being complied with. - 26 Verify source ↗
The operawr or an undenaking and any person authorised
The operator, and anyone the operator authorizes in writing, may enter supplied premises at reasonable times to inspect equipment and may remove operator-owned equipment if supply is no longer needed or the operator is cutting off supply. The operator must repair any damage caused.
26. The operawr or an undenaking and any person authorised in writing by 1he operator may al all reas1mable times enter any premises to which electricity is or has been supplied by the operator in order Lo inspect transmission lines, liltings, meters, and apparatus and ror the purpose or ascertaining the quantity or electricity consumed or, where a supply is no longer required or such operator is authorised to cut olT the supply from such premises, for the . pu1pose or removing any transmission lines, fittings, meters, and apparatus belonging to such operator and any damage caused by such emry, inspection, or removal shall be repaired and made good by the operator. - 27 Verify source ↗
The Minister or the Board may, fbr pu1poscs of this Act,
The Minister or the Board may require an operator or undertaking to provide information and related records about the undertaking’s activities and operations, including electricity purchase and sale records.
27. The Minister or the Board may, fbr pu1poscs of this Act, require the operator or an undenaking to provide information relating to the activities and operations of t he undertaking, including such records, documents an agreements elating to lhc purchase and sale or clcctlicity as the Minister or the Boa!'d may require. - 28 Verify source ↗
(]) The operator of' an undertaking shall send to the Board
An operator must notify the Board about certain accidents, and any resulting death or serious injury, as soon as possible after learning of the accident.
28. (]) The operator of' an undertaking shall send to the Board notice of any acciilcn·t or such a kind as to have caused, or to have ben likely to have caused, loss or life or serious personal injury which has occurred in any pa11 of such operator's works or i�,u,smission lines, together with notice or any loss ofli[c or serious personal i�1iury ocr.asioncd by any such accident and any such opera Lor who rails !O send such r:m!Gc as �oon as possible after Lhe occurrence of the accident has bccoine known 10 him shall be guilty of an offence. Entry :md inspcclion Opcrat<lf's powers or entry and inspection In formntion and records Notice of accidents 184 No. 15 of 1995J Electricity Serving 6f notice (2) Nothing contained in subsection (1) shall absolve the operator of an undertaking from the need to comply with the provisions of any other written law relating to the reporting of accident. - 29 Verify source ↗
Any notice or other.document required .or authorised to be
This section says a notice or other document required or authorised under the Act may be given in several ways, including delivery, leaving it at a usual address, registered post, or, for a company, to the secretary at the registered or principal office.
29. 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; i (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 secretarial of the company at its registered or principal office, orby sending it in a prepaid registered letter addressed to the secretary of the company at that office; or· (e) where- (i) the notice is to be given to a person· in the person's capacity as the holderof any interest in.land; and (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 µie interest concerned) and by delivering it to s9me 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, :I 1 : ' ,, ·1· f ,, Regulations - 30 Verify source ↗
(]) The Minister may, by statutory instrument, make
The Minister may make regulations by statutory instrument to carry out this Act, and people who breach those regulations can be fined or imprisoned.
30. (]) The Minister may, by statutory instrument, make regulations for the qetter carrying out of the provisions of this Act. (2) Without derogating f(om the gen�rality of subsection (]), regulations may provide for t�e following matters: (a) U1e maintenance of security of supply of electricity within Zambia ; (b) the sta.ndards with ,;,hi ch buildings, machinery , transmission lines, and 0U1er ��r!<;• of w��tever description, which are re.quired to genera le orsupplyelectricity must comply; Electricity [No. 1 5 of 1995 ·135 (c) LhcconsLrucLion, insLallaLion, quality, alteration, operation, control, protection and inspection and testing or works, plant, machinery, apparatus, appliances, and equipment ror or incidental lo the generation, transmission, distribution'.connection, instai'laLion and useorclectricity, whetheron the prcm ises of"Lhe opcratoror an undertaking or a consumer; (d) securing the safety or the public from personal injury or d_amagc Lo property arising rrom the gc,ncraLion, supply, or use or electricity; (e) prescribing anything to be rrescribcd under this Act. (3) regulations made under this Act may rrovidc thal persons offending against the regulations shall be liable to a line not exceeding one hundred thousand perplly units or to imprisonmcnl ror a period noL exceeding two ycars:or to both. (4) In exercise or the power conrcrred by this section, Lhe Minister may provide lcJr dilkrenl regulations to apply to different undertakings or consumers or to di !Tcrenl classes or undertakings or consumers. 3 1 . The ElectriciLy Act is hereby rercalcd. Rcpc.il of Cop. 8 1 I • :I ,1 ! 1i J' ,, 1 86 I \ l...l I \,
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Electricity Act, 1995
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