Zambia Act or statute

Zambia legislation

Electricity (Amendment) Act, 2003

amendmentappealscapacity change approvalcross-border power purchaseelectricityelectricity regulationelectricity supplyenvironmental complianceinformation and recordsinformation disclosureinspectionland accesslegislative amendmentBusiness registrationlicensing appealsoperating undertaking complianceplant installation reportingregulatory applicationsregulatory approvalregulatory changeregulatory complianceregulatory reviewstatutory amendmentstatutory drafting

Jurisdiction: Zambia
Structure: 23 provisions
Citation: Act 21 of 2003
Dates: Legal dates not recorded

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Dates: Legal dates not recorded

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Purpose and legislative effect

“This provision amends section 4 of the principal Act by inserting the word “one” before “hundred” and deleting “the Minister or” after “a requirement of.””

This provision amends section 4 of the principal Act by inserting the word “one” before “hundred” and deleting “the Minister or” after “a requirement of.” This provision amends the principal Act by repealing section 5 and replacing it with new text. An undertaking in an interconnected system must get Board approval before increasing or decreasing related generating capacity and must file a full report. An undertaking that wants to buy power from outside Zambia must apply to the Minister, submit a full report, and may appeal to the High Court if the Minister refuses approval. The Board may review, on its own motion, a notice from an operator about varying or altering electricity charges if it considers that appropriate.

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Section four of the principal Act is amended

This provision amends section 4 of the principal Act by inserting the word “one” before “hundred” and deleting “the Minister or” after “a requirement of.”

Section 4

Section eleven of the principal Act is amended by the insertion

An operator aggrieved by a Board decision to revoke its licence may appeal to the High Court within 30 days of receiving notification.

Section 9

Section fourteen of the principal Act is amended in paragraph

This provision amends section fourteen of the principal Act by inserting the word “not” in paragraph (b) of the proviso to subsection (4).

Section 12

The Board or any person authorised in writing by the

The Board, or a person it authorises in writing, may enter any undertaking’s premises at reasonable times to check compliance with the Act or a licence.

Section 25

The Electricity Act, 1956 is.hereby repealed

This section repeals the Electricity Act, 1956.

Section 31

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Showing 23 of 23 provisions

Repeal 8Amendment 7Provision 4Substitution 4

§ 4Section four of the principal Act is amendedAmendment

This provision amends section 4 of the principal Act by inserting the word “one” before “hundred” and deleting “the Minister or” after “a requirement of.”

4. Section four of the principal Act is amended- ( a) in paragraph (a) of subsection (1) by the insertion of the word" one" before the word" hundred"; and (b) by the deletion of the words " the Minister or " after the words" a'ny requirement of."

Section 4Verify source

§ 5The principal Act is amended by the repeal of section five andRepeal

This provision amends the principal Act by repealing section 5 and replacing it with new text.

5. The principal Act is amended by the repeal of section five and the substitution therefor of the following:

Section 5Verify source

§ 5(1) Ifanyundertaking, which ispart ofan interconnectedProvision

An undertaking in an interconnected system must get Board approval before increasing or decreasing related generating capacity and must file a full report.

5. (1) Ifanyundertaking, which ispart ofan interconnected system, wishes to increase or decrease its related generating capacity, it shall apply to the Board for approval and shall submit to the Board a full report on its proposals. (2) The Board shall after considering an application submitted under subsection (1) approve or refuse to approve the application. (3) Where the Board refused to approve an application under subsection (2), the Board shall within fourteen days of making the decision notify the applicant, in writing, stating the reasons for the refusal to approve the application. (4) Any person who is aggrieved by the refusal of the Board to approve an application under subsection (1) may appeal to the Minister within thirty days ofreceiving the notification. (5) The Minister shall, within thirty days ofreceiving the appeal under subsection ( 4), consider the appeal. ( 6) In any appeal under subsection (4) the Minister may confirm or set aside the decision of the Board and shall immediately notify the appellant of the Minister's decision. (7) Any person who is aggrieved by the Minister's decision under subsection (6) may, within thirty days ofreceiving the notification, appeal to the High Court.

Section 5Verify source

§ 6The principa!Act isamended bythe insertionirnmediately afterAmendment

An undertaking that wants to buy power from outside Zambia must apply to the Minister, submit a full report, and may appeal to the High Court if the Minister refuses approval.

6. The principa!Act isamended bythe insertionirnmediately after section five of the following new section:· Insertion of new section 5A Purchase of power from · outside Zambia Electricity (Amendment) (No. 21 of 2003 187 SA. (I) Any undertaking which wishes to purchase power from outside Zambia shall apply to the Minister for approval and shall submit to the Minister a full report on its proposals. (2) The Minister shall, in considering any application under subsection (1), have regard to the terms of any relevant international agreement and to the advice of the Board. (3) The Minister may, after considering a report submitted under subsection (!), approve or refuse to approve the application. (4) Where the Minister r�fuses t� approve an application under subsection (3) the Minister shall within fourteen days of making the decision notify the applicant, in writing, stating the reasons for the refus.al. (5) Any person aggrieved by the refusal of the Minister to approve an application under this section may appeal to the High Court within thirty days of receiving the notification. Amendment of sec,tion 8

Section 6Verify source

§ 7Section eight of the principal Act is amencled by the insertionAmendment

The Board may review, on its own motion, a notice from an operator about varying or altering electricity charges if it considers that appropriate.

7. Section eight of the principal Act is amencled by the insertion immediately after subsection (4) of the following new subsection: (4A) The Board may, ifit considers it appropriate, on its own motion review a notice by an operator of an undertaking to vary or alter charges in respect of any supply of electricity. Amendment of section 9

Section 7Verify source

§ 8Section nine of the principal Act is amended by the deletion ofSubstitution

This section amends section 9 by replacing paragraph (b) with wording about a consumer’s failure to comply with supply conditions or regulations and to fix the default within seven days after notice.

8. Section nine of the principal Act is amended by the deletion of paragraph (b) and the substitution therefor of the following: (b) the consumer has failed to comply with conditions of supply or the regulations and failed to remedy the default within seven days ofreceiving, from the operator of the undertaking, a notice served on the consumer in accordance with section twenty-nine calling upon the consumer to do so. Amendment of section 11

Section 8Verify source

§ 9Section eleven of the principal Act is amended by the insertionAmendment

An operator aggrieved by a Board decision to revoke its licence may appeal to the High Court within 30 days of receiving notification.

9. Section eleven of the principal Act is amended by the insertion immediately after subsection (2) of the following new subsection: (3) Any operator who is aggrieved by the decision of the Board to revoke its licence may within thirty days ofreceiving the notification appeal to the High Court.

Section 9Verify source

§ 10The principal Act is amended by the repeal of section twelveRepeal

This provision amends the principal Act by repealing section 12 and replacing it with new text.

10. The principal Act is amended by the repeal of section twelve and substitution therefor of the following: Repeal and replacement ofsection 12 Maintenance of undertakings

Section 10Verify source

§ 12Any person who operates an undertaking the plant ofAmendment

Operators of undertakings with plant rated at 100 kilowatts or more must give the Board plant and installation details, follow applicable regulations, and comply with Board requirements.

12. Any person who operates an undertaking the plant of which is rated at the site where it is installed at a capacity of one hundred or more kilowatts shall submit to the Board details of the plant and installation of the undertaking in such manner and .. 188 No. 21 of 2003] Electricity (Amendment) form as the Board may prescribe, and any such undertaking shall be maintained in accordance with regulations made under this Act, and shall comply with any requirement of the Board for the purpose of facilitating co-ordination with existing or future undertakings.

Section 12Verify source

§ 11The principal Act i& amended by the repeal of section thirteenRepeal

This section amends the principal Act by repealing section 13 and replacing it with new text.

11. The principal Act i& amended by the repeal of section thirteen and the substitution therefor of the following: Repeal and replacement of section 1 3

Section 11Verify source

§ 13(1) A licence unde.r the Energy Regulation ActProvision

A licence to supply electricity in a local authority area must not be issued unless the authority consents and there is an environmental impact assessment report.

13. (1) A licence unde.r the Energy Regulation Act authorizing any person to supply electricity within the area under the jurisdiction of a local authority shall not be issued- (aJ without the consent of that authority; and (b) in the absence of an environmental impact assessment Supply within area of local authority Cap. 436 report. (2) In paragraph (b) of subsection (!) " environmental impact assessment report " means an environmental impact assessment report issued by the Environmental Council of Zambia in accordance with the provisions of the Environmental Protection and Pollution Control Act

Section 13Verify source

§ 12Section fourteen of the principal Act is amended in paragraphAmendment

This provision amends section fourteen of the principal Act by inserting the word “not” in paragraph (b) of the proviso to subsection (4).

12. Section fourteen of the principal Act is amended in paragraph (b) of the proviso to subsection ( 4) by the insertion of the word:" not" before the words" used for ."

Section 12Verify source

§ 13Section sixteen of the principal Act is amendedSubstitution

This provision amends section 16 of the principal Act and changes how access to land is handled where an undertaking has acquired land or rights over land under relevant law.

13. Section sixteen of the principal Act is amended- (a) in subsection (!) by the deletion of the words" or distribution" after the words " a transmission " and (b) by the deletion of subsection (2) and the substitution therefor of the following: (2) When the operator of any undertaking has acquired any land or rights over land under the provisions of any written law or any law relating to the supply of electricity, the provisions of subsection (!) shall apply, with necessary modifications, to access to such land, and any person entitled to exercise them, subject to the conditions applicable to them under the provisions of the law at the time when they were acquired. Cap.204 Amendment ofsection 14 Amendment ofsection 16 < I

Section 13Verify source

§ 14Section seventeen of theprincipa!Act is amended in subsectionSubstitution

This provision amends section 17(2) of the principal Act by replacing the words "Not withstanding" with "Notwithstanding ".

14. Section seventeen of theprincipa!Act is amended in subsection (2) by the deletion of the words "Not withstanding" and substitution therefor of the word "Notwithstanding ".

Section 14Verify source

§ 15Section eighteen of the principal Act is amended in subsectionRepeal

Section 18(2) of the principal Act is amended by inserting the word “if” before the words “the person concerned”.

15. Section eighteen of the principal Act is amended in subsection (2) by the insertion of the word" if" before the words" the person concerned ,, . Amendment ofsection 1 7 Amendment of section 18 Electricity (Amendment) [No. 21 of 2003 189 Amendment of section 19 Repeal and replacement of section 25

Section 15Verify source

§ 16Section.nineteen of the principal Act is amendedSubstitution

This section amends section 19 of the principal Act by replacing the words "law relating to power and light" with "written law" in subsection (1), and inserting "at" before "all times fenced" in subsection (4).

16. Section.nineteen of the principal Act is amended- (a) in subsection (I) by the deletion of the words " law relating to power and light" and the substitution therefor of the words "written law"; and (b) in subsection (4) by the insertion of the word" at" before the words " all times fenced ".

Section 16Verify source

§ 17The principal Act is amended by the repeal of section twentyRepeal

This section repeals section 25 of the principal Act and replaces it with a new provision called “Entry and inspection.”

17. The principal Act is amended by the repeal of section twenty five and the substitution therefor of the following: Entry and inspection

Section 17Verify source

§ 25The Board or any person authorised in writing by theProvision

The Board, or a person it authorises in writing, may enter any undertaking’s premises at reasonable times to check compliance with the Act or a licence.

25. The Board or any person authorised in writing by the Board may, at all reasonable times, enter the prerrrises of any undertaking for the pwpose of ascertaining whether the provisions of this Act or the conditions ofany licence are being complied with.

Section 25Verify source

§ 18The principal Act is amended by the repeal of section twentyRepeal

This provision amends the principal Act by repealing section 27 and replacing it, and by amending section 30.

18. The principal Act is amended by the repeal of section twenty seven and the substitution therefor of the following: Repeal and replacement of section 27 Infonnation 'and records Amendment of section 3 0

Section 18Verify source

§ 27The Board may, for purposes of this Act, require theProvision

The Board may require an undertaking’s operator to provide information, records, documents, and agreements about the undertaking’s activities, operations, and electricity purchases and sales.

27. The Board may, for purposes of this Act, require the operator of an undertaking to provide information relating to the activities and operations of the undertaking, including records, documents and agreements relating to the purchase and sale of electricity as the Board may require.

Section 27Verify source

§ 19Section thirty of the principal Act is amendedAmendment

This section amends section 30 of the principal Act by inserting additional words into subsection (2).

19. Section thirty of the principal Act is amended- (a) in paragraph (b) of subsection (2) by the insertion of the words" transrrrit, convert, distribute" before the words" or supply"; and (b) in paragraph (d) of subsection (2) by the insertion of the words" transmission, conversion, distribution" before the words" supply oruse ofelectricity ". Insertion of new section 31

Section 19Verify source

§ 20The principal Act is amended by the insertion immediatelyRepeal

This section inserts a new section after section 30 titled “Repeal of Act No. 8 of 1956.”

20. The principal Act is amended by the insertion immediately after section thirty of the following new section: Repeal of Act No. 8 of 1956

Section 20Verify source

§ 31The Electricity Act, 1956 is.hereby repealedRepeal

This section repeals the Electricity Act, 1956.

31. The Electricity Act, 1956 is.hereby repealed.

Section 31Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Electricity Act, 1956
Section 31

N–S

5 instruments

of Act
Section 20
of section five and This provision amends the principal Act
Section 5
of section thirteen This section amends the principal Act
Section 11
of section twelve This provision amends the principal Act
Section 10
principal Act
Sections 4, 12, 13, 14, 16, 17, 18, 19

T–Z

1 instrument

Zambia in accordance with the provisions of the Environmental Protection and Pollution Control Act
Section 13

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