Category: Subsidiary Legislation

ENERGY REGULATION: SUBSIDIARY LEGISLATION ENERGY REGULATION BY-LAWS ARRANGEMENT OF BY-LAWS BY-LAW PART IPRELIMINARY 1. Citation 2. Interpretation PART IIENERGY REGULATION LEVY Division 1Regulation Levy System 3. The amount of Levy 4. Levy to be charged on basic income 5. Period for paying levy 6. Interest on delayed payment of levy 7. Liquid fuels wholesalers to collect levy from retailers at source Division 2Billing and Ring Fence Accounting 8. Bills to clearly show levy amount 9. Ring fence accounting PART IIITHE RURAL ELECTRIFICATION LEVY Division 1The Rural Electrification Levy 10. The Rural Electrification Levy 11. Levy to be charged on basic income 12. Liquid fuels wholesalers 13. Bills to clearly show levy amount Division 2Ring Fence Accounting 14. Ring-fence accounting PART IVCOAL SUPPLY Division 1Licences 15. Licence for coal supply activities 16. Application for a licence 17. Application and licence fees 18. Information to be supplied by applicants 19. Grant denial of application 20. Communication of the Authority’s decision 21. Refusal to be accompanied by reasons 22. Right of appeal 23. Duration and renewal of licence Division 2Prices and Charges 24. Licensees to charge only approved prices 25. Factors determining prices 26. Authority may obtain independent quotations 27. Renewal application to be accompanied by new prices Division 3Standards and Code of Practice 28. Standard specification 29. Compliance with Environment Management Act 30. Authority to monitor standards Division 4Coal Transportation and Storage 31. Prohibition against storage of coal 32. Conditions for management and control of storage area 33. Prohibition against soldering 34. Coal storage in accommodation 35. Reports of accidents 36. Inspections by the Authority 37. Coal transportation 38. Licensee to provide information to applicants and customers 39. Copies of agreements to be sent to the Authority 40. Registration of coal importers for own use 41. Mining of coal for own use PART VRENEWABLE ENERGY TECHNOLOGIES Division 1Licences 42. Licences for renewable energy technologies activities 43. Licence applications and fees 44. Installations permit under Electricity Act 45. Information to be supplied by applicants 46. Grant or denial of application 47. Communication of the Authority’s decision 48. Right of appeal 49. Duration and renewal of licence Division 2Prices and Charges 50. Licensees to charge only approved prices 51. Factors determining prices 52. Licensees to propose prices annually 53. Authority may obtain independent quotation 54. Renewed licence to be accompanied by new prices Division 3Standards, Code of Practice and Inspections 55. Standard specification and code of practice 56. Electrical installation permits 57. Inspections by the Authority Division 4Purchase, Sale and Service Agreements 58. The Authority to approve purchase agreements 59. Terms in purchase agreements 60. Licensees to sign service agreements with buyers 61. Obligations of licensees in service agreements 62. Obligations of buyers in service agreements Division 5Customer Information and Reports 63. Service agreements 64. Licensees to provide information to applicants and customers 65. Copies of agreements to be sent to the Authority PART VIGENERATION OF ELECTRICITY FOR OWN USE 66. Registration and annual renewal fees for private owner PART VIIMEDIATION Division 1Application 67. Application of this Part Division 2Commencement of Mediation and Appointment of Mediate 68. Initiation of mediation 69. Requests for mediation 70. Appointment of the mediator 71. Qualifications of the mediator 72. Vacancies Division 3Conduct of Mediation and Authority of Mediator 73. Representation 74. Date, time and place of mediation 75. Identification of matters in dispute 76. Authority of the mediator 77. Confidentiality of proceedings 78. Confidentiality of information 79. No stenographic record 80. Settlement agreement Division 4Miscellaneous Provisions 81. Termination of mediation 82. Exclusion of liability 83. Interpretation and application of procedures 84. Fees and expenses 85. Use of forms PART VIIIARBITRATION Division 1Application 86. Application of this Part Division 2Arbitrators and Commencement of Arbitration 87. The Authority and delegation of duties 88. Roster of Arbitrators 89. Initiation of arbitration 90. Changes of claim 91. Jurisdiction 92. Mediation 93. Administrative conference 94. The venue 95. Appointment from Roster of Arbitrators 96. Number of arbitrators 97. Disclosure 98. Disqualification of arbitrator 99. Communication with arbitrator 100. Vacancies Division 3Conduct of Arbitration Proceedings 101. Preliminary hearing 102. Exchange of information 103. Date, time and place of hearing 104. Confidentiality of hearing 105. Representation 106. Oaths 107. Stenographic record 108. Interpreters and language of proceedings 109. Postponement 110. Arbitration in the absence of a party or representative 111. Conduct of proceedings 112. Evidence 113. Evidence by affidavit, filing of documents or other evidence 114. Inspection or investigation 115. Interim measures 116. Closing of hearing 117. Re-opening of hearing 118. Waiver of objection 119. Extension of time 120. Service of notice Division 4Awards and Follow-up Judicial Process 121. Majority decision 122. Time of award 123. Form of award 124. Scope of work 125. Consent award 126. Delivery of award to parties 127. Correction of an award 128. Release of documents for judicial proceedings 129.…

RURAL ELECTRIFICATION: SUBSIDIARY LEGISLATION RURAL ELECTRIFICATION REGULATIONS REGULATION PART IPRELIMINARY PROVISIONS 1. Citation 2. Application of Energy Laws PART IILICENCES 3. Rural electrification licence PART IIITARIFFS, CHARGES AND FEES 4. Electricity tariffs and charges 5. Renewable energy technologies system prices and charges 6. Licensing fees PART IVCONCESSION AND GRANT SUBSIDY AGREEMENTS 7. Form of a grant and subsidy agreement 8. Form of a concession agreement 9. Termination of licence 10. Form of a solar home system purchase agreement 11. Form of a solar home system service agreement PART VRURAL ELECTRIFICATION SITE SELECTION AND FUNDING 12. Site selection and funding 13. Rural electrification projects 14. Funding PART VIMiscellaneous Provisions 15. Mandatory use of Forms 16. General offence and penalties Schedules First Schedule —Application Forms and Form of Licences Second Schedule—Licence Fees Third Schedule—Prescribed Forms for Agreements Fourth Schedule— Procedure and Criteria for Rural Electrification sites selection G.N. 6/200922/2010 RURAL ELECTRIFICATION REGULATIONS under s. 41 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Rural Electrification Regulations. 2. Application of Energy Laws These Regulations shall apply to the Energy Laws with respect to— (a) carrying out rural electrification electricity licensed activities and all consumers serviced by such licences under the Electricity By-laws under the Electricity Act: Provided that the Authority, on the application of a licensee, may approve other standards or designs in respect of a particular consumer or concession area, if such standards or designs are cheaper and shall not compromise quality and safety under the Electricity Act; (b) carrying out renewable technologies licensed activities under the Energy Regulation By-laws under the Energy Regulations Act. PART IILICENCES 3. Rural electrification licence (1) No person shall carry out any activity under the Act except— (a) under a licence granted under the Electricity Act and any by-laws made thereunder; or (b) under a licence granted under the Energy Regulation Act and any regulations made thereunder. (2) An application for a licence under these Regulations (1) (a) and (b) shall be in Form RE 1 prescribed in the First Schedule hereto. (3) The rural electrification licences under these Regulations shall be in Form RE 3 and RE 4 prescribed in the First Schedule hereto. PART IIITARIFFS, CHARGES AND FEES 4. Electricity tariffs and charges The charges or tariffs for electricity supply to be charged by licensees under these Regulations shall be those approved by the Authority for such particular licensee under the Electricity Act and as revised from time to time. 5. Renewable energy technologies system prices and charges The equipment prices and the maintenance charges to be charged by licensees for renewable energy technologies equipment supply, installation and maintenance thereof shall be those approved by the Authority under the Energy Regulation Act. 6. Licensing fees Licensing fees under these Regulations shall be those prescribed in the Second Schedule hereto. PART IVCONCESSION, GRANT AND SUBSIDY AGREEMENTS 7. Form of a grant and subsidy agreement A grant and subsidy agreement under section 20 of the Rural Electrification Act shall be in Form RE 5 prescribed in the Third Schedule. 8. Form of a concession agreement (a) A concession agreement under section 27 of the Rural Electrification Act shall be in Form RE 6 prescribed in the Third Schedule hereto; (b) a concession agreement shall have general obligations which shall form part of the agreement. 9. Termination of licence A licence issued under a concession agreement shall terminate three months after the termination or expiration of the concession. 10. Form of a solar home system purchase agreement A solar home system purchase agreement under the Energy Regulations Act shall be in Form RE 7 prescribed in the Third Schedule hereto. 11. Form of a solar home system service agreement (a) A solar home system service agreement under the Energy Regulation Act shall be in Form RE 8 prescribed in the Third Schedule hereto; (b) a solar home system service agreement shall have general obligations binding the buyer and licensee which shall form part of the agreement. PART VRURAL ELECTRIFICATION SITE SELECTION AND FUNDING 12. Site selection and funding The Rural Electrification Management Committee shall comply with the procedures and criteria for rural electrification site selection and funding guidelines prescribed in the Fourth Schedule hereto when compiling a priority list for sites: Provided that, where the Committee wishes to make minor alterations to the prescribed criteria, it shall seek the approval of the Authority before making such minor alteration. 13. Rural electrification projects A project for rural electrification under these Regulations shall be— (a) for the extension of 400v, 11kV and 33kV distribution lines from the national grid; (b) for the a construction of an isolated mini, micro and small hydropower station and associated substations and distribution reticulation; or (c) for the supply and installation of renewable energy technologies. 14. Funding The Malawi Rural Electrification…

PAYMENT SYSTEMS: SUBSIDIARY LEGISLATION PAYMENT SYSTEMS (E-MONEY) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation PART IIOBJECTIVE AND APPLICATION 3. Objective 4. Application PART IIIROLE OF E-MONEY SERVICE PROVIDERS 5. Provision of e-money services 6. Capital requirements PART IVPROTECTION OF CUSTOMER FUNDS 7. Management and operation of trust accounts 8. Use of interest earned in trust accounts 9. Treatment of dormant e-money accounts 10. Sequestration of total value in dormant accounts and procedure for reimbursements 11. Restriction against creditor claims, garnishee orders, seizures and attachments PART VTECHNICAL REQUIREMENTS 12. Minimum standards on security, messaging and data protection 13. Interoperability of e-money services 14. Risk management, disaster recovery and business continuity 15. Requirement for information systems audit PART VIOPERATIONAL REQUIREMENTS 16. Transaction and user records 17. Transaction processing 18. Transaction limits 19. Notification of significant changes to the e-money service PART VIIAGENTS 20. Agent recruitment and registration 21. Agent contract and functions 22. Training and supervision of agents PART VIIIOVERSIGHT BY THE RESERVE BANK OF MALAWI 23. Submission of data and information to the Reserve Bank PART IXCONSUMER PROTECTION AND DISPUTE RESOLUTION 24. Requirements on consumer protection 25. Dispute resolution mechanisms PART XENFORCEMENT 26. Monetary Penalties 27. Administrative Penalties PART XICESSATION OF E-MONEY SERVICE 28. Prior Notification before cessation of services FIRST SCHEDULE SECOND SCHEDULE G.N. 13/2019 PAYMENT SYSTEMS (E-MONEY) REGULATIONS under s. 43 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Payment Systems (E-money) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “agent” means an entity or person that has been contracted by an e-money service provider to carry out or provide specified e-money services on behalf of that entity in a manner specified in these Regulations; “bank” has the meaning ascribed to that term in the Banking Act; “banking business” means the business of receiving deposits or deposit substitutes from the public that are payable, with or without interest, on demand, or after the expiration of a stated period and are transferable by cheque or other means; “cash-in” means accepting of cash and performing the necessary steps to initiate the crediting of that monetary value to the customer’s e-money account; “cash-out” means giving out cash and performing the necessary steps to initiate the debiting of that monetary value from the customer’s e-money account; “customer funds” means sums of money that have been received by an e-money service provider in exchange for electronic money that has been issued; “deposit” shall have the meaning ascribed to that term in the Banking Act and the Microfinance Act; “dormant account” means an e-money account, in respect of which the account holder, has not for twelve consecutive months after the last transaction in his account, conducted any transactions thereof, or corresponded with the e-money service provider concerning the account; “e-money” means monetary value as represented by a claim on its issuer that is— (a) electronically stored in an instrument or device including cash cards, electronic wallets (e-wallets or mobile wallets) accessible via a mobile phone or another access device such as point of sale devices, stored value card, prepaid card, and other similar instrument or device; (b) issued against receipt of funds of an amount not lesser in value than the monetary value issued; (c) accepted as a means of payment by persons or entities other than the issuer; (d) withdrawable in cash or cash equivalent; and (e) issued in accordance with these Regulations; “e-money services” means services provided by an e-money service provider to support the utility of e-money for a consumer which include channels such as mobile payments and services such as cash-in, cash-out, person-to-person, business to person, government to person transactions; “e-money service provider” means an entity, whether bank or non-bank, that has been licenced or authorized by the Reserve Bank to issue e-money and provide e-money services; “Financial Intelligence Authority” means the Financial Intelligence Authority established under the Financial Crimes Act; “information systems audit” or “information technology audit” means an examination of the management and controls within an information technology (IT) infrastructure and includes both applications and general computer reviews; “Know Your Customer (KYC)” means a process of performing activities related to customer due diligence in order to identify customers and ascertain relevant information pertinent to doing financial business with them; “mobile network operator” means a telecommunications service provider that provides wireless voice and data communication as licensed by the Malawi Communications Regulatory Authority or any other body with such authority in Malawi; “Reserve Bank” means the Reserve Bank of Malawi as established under the Reserve Bank of Malawi Act; and “trust account” means a savings or deposit account maintained at a commercial bank and under the control and management of the e-money service provider, holding pooled funds on trust and on behalf of the customer and agents and contains a…

WATER RESOURCES: SUBSIDIARY LEGISLATION WATER RESOURCES REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation 3. Units 4. Application of Regulations 5. Public consultation 6. Orders 7. Protection of integrity of the water resource monitoring network 8. Type of activity that requires approval by Authority 9. Nature of an applicant 10. Water resource user identification number 11. Authorized water uses appurtenant to land PART IIREGISTRATION OF EXISTING RIGHTS 12. Requirement for registration 13. Application to register existing rights 14. Consideration by the Authority 15. Registration of existing rights PART IIILICENSING OF WATER ABSTRACTION AND USE 16. Application for licence 17. Advertisement of application 18. Authority to consult public authorities on application 19. Water Users Associations’ comments on application 20. Public notification of licence application 21. Objection to licence application 22. Site meeting 23. Rejection of application 24. Factors to be taken into account when considering an application 25. Conditions attached to and transfer of licences 26. Authorization to construct works 27. Limitations of authorization 28. Extension of licence or authorization 29. Completion certificate 30. Requirements for fees 31. Transfer of licence by licensee 32. Variation of licence by a licensee 33. Variation or cancellation of licence by the Authority 34. Limitation of liability of the Authority with respect to licences issued 35. Authorization to use works owned by another person 36. Category of water resource use activities 37. Approval of water use through notification by water user 38. Maps to accompany applications 39. Payment of application fees 40. Requirement for Site Assessment Report and Technical Report 41. Renewal of licences 42. Late submission PART IVSURFACE WATER MANAGEMENT, DEVELOPMENT AND ADMINISTRATION 43. Declaring a watercourse 44. Boundary of properties defined by a watercourse 45. Wetlands 46. Allocation of water for irrigation 47. Prior right to water for storage 48. Need for storage 49. Classification of dams 50. Dam design 51. Dam construction 52. Dam safety inspection 53. Minimum net freeboard 54. Minimum spillway design flood 55. Release and use of stored water 56. Compensation/environmental flow 57. Dam Design Report 58. Dam construction progress report 59. Dam completion and dam operation reports 60. Notice to downstream 61. Dam failure report 62. Hydropower 63. Surface water database 64. Works associated with fish movement, protection and control 65. Construction permit PART VGROUNDWATER MANAGEMENT, DEVELOPMENT AND ADMINISTRATION 66. Drilling permit 67. Classification of boreholes 68. Procedures to be taken into account when considering an application 69. Grant of permit 70. Extra conditions attached to drilling permit 71. Completion report 72. Access to data and plans 73. Cancellation of permit 74. Regulation of groundwater development 75. Borehole pumping test 76. Supervision of works 77. Artificial groundwater recharge 78. Monitoring data 79. Groundwater database PART VIWATER QUALITY MONITORING AND POLLUTION CONTROL 80. Water quality standards 81. Prohibition on discharge of effluent 82. Effluent discharge permit 83. Effluent discharge into any water body 84. Application for an effluent discharge permit 85. Advertisement of applications 86. Additional information 87. Effluent quality requirements 88. Consideration of application 89. Effluent discharge management plan 90. Approval of application 91. Applicant to be notified of Authority’s decision 92. Issuance of effluent discharge permit 93. Effluent discharge records 94. Transfer of an effluent discharge permit 95. Breach of conditions 96. General obligation to mitigate pollution 97. Accidental discharge 98. Spillage 99. Sampling and analysis of effluent 100. Water quality monitoring 101. Water quality and effluent discharge database 102. Pollution control enforcement 103. Non-point source pollution 104. Effluent discharge fees 105. Water quality and effluent discharge register 106. Access to the register 107. Recognized water quality laboratory PART VIIWATER WORKS 108. Inspection of works prior to, during and post, construction 109. Temporary works 110. Abandoned works PART VIIICONDITIONS OF AUTHORIZATION, PERMITS AND APPROVES WATER USES 111. Compliance with the Environment Management Act 112. Controlling and measuring device 113. Limitation of flow or quantity 114. Collection and submission of abstraction, water quality and effluent discharge data 115. Storage 116. Air line PART IXWATER AND EFFLUENT CHARGES, FEES AND PENALTIES 117. Water and effluent charges and fees 118. Variation of water and effluent charges 119. Self-assessment of water used 120. Time limitations on arrears 121. Water resources conservation charge 122. Penalty for over-abstraction 123. Incentive for flood water storage 124. Penalty for lack of measuring device 125. Appointment of revenue collection agents 126. Modes of payment of water use and effluent charges 127. Interest for late payment 128. Failure to pay PART XCONSERVATION OF RIPARIAN AND CATCHMENT AREAS 129. Determination of riparian land 130. Demarcation of riparian land 131. Proscribed activities on riparian land 132. Orders related to riparian land 133. Soil and water conservation plan PART XICATCHMENT MANAGEMENT STRATEGIES 134. Establishment of catchment management strategies 135. Guiding principles for catchment management strategies PART XIIPROTECTED CATCHMENT AREAS AND GROUNDWATER CONSERVATION AREAS 136. Process of identifying…

ELECTRICITY: SUBSIDIARY LEGISLATION ELECTRICITY BY-LAWS ARRANGEMENT OF BY-LAWS BY-LAW PART IPRELIMINARY PROVISIONS 1. Citation 2. Interpretation PART IILICENSING 3. Licence application fees 4. Objects of licensing system 5. Applications 6. Advertising 7. Objections PART IIIINSTALLATION PERMITS Division 1The Committee 8. Establishment of Committee 9. Rules and procedures 10. Permit required 11. Meetings of the Committee 12. Technical qualifications 13. Types ofpermit Division 2Application for Permit 14. Application for permit 15. Companies and organizations 16. Conditions to be satisfied 17. Voting 18. Grant of permit 19. Cancellation of permit 20. Obtaining information PART IVSUPPLY AND QUALITY OF SERVICE Division 1Supply 21. Declared method of supply to consumers 22. Licensee to provide constant supply 23. Licensee may lessen or discontinue supply 24. Licensee shall not permanently connect 25. Disconnexion of works in certain circumstances 26. Protection of telegraph lines 27. Inspection and testing 28. Availability of By-laws Division 2Conditions on the Construction of Substation and Private Generation 29. Design and protection of works 30. Switchgear 31. Fuse 32. Automatic circuit-breakers 33. Joints and connexions 34. Isolating and protective devices 35. Switchboard 36. Building for electrical purposes 37. Outdoor substations 38. Earthing of metal-work 39. Earthing of consumer’s installation 40. Earth electrodes 41. Leakage to earth 42. Arc-suppression coils 43. Service lines on consumer’s premises 44. Construction and installation of cables 45. Metallic protection for high-voltage cables 46. Identification of neutral conductor, cable labeling and insulation test Division 3Standards of Measurement 47. Fundamental electrical units 48. Derived electrical units 49. Measurement of electricity Division 4Quality of Service and Supply Standards 50. Quality of service and supply standards PART VSAFETY CODE RULES Division 1Application of Part 51. Application of this Part Division 2General Provisions 52. Information and instruction 53. Variation 54. Special procedures 55. Objections 56. Accident and dangerous occurrences 57. Duties 58. Safety equipment and protective clothing 59. Electric shock Division 3General Safety Precautions 60. Access to work in operational premises 61. Vessel containing flammable substance 62. Work in fire protected areas 63. Work on poles, towers and high structures 64. Access to high-voltage apparatus and conductors 65. High-voltage switching 66. Records 67. Failure of supply 68. Voltage testing devices Division 4Safety Precautions for Work on or near High-Voltage Systems 69. General requirements 70. Isolation of apparatus and conductors 71. Earthing 72. Approach to exposed live high-voltage conductors or insulators supporting them 73. Work in substations and switching stations containing exposed live high-voltage conductors 74. Permit-to-work 75. Sanction-for-test 76. Procedure for temporary withdrawal or suspension 77. Limitation Division 5Safety Precautions and Procedures Applicable to Low-Voltage Systems 78. General 79. Requirements for work on dead low-voltage apparatus 80. Precautions for work on live low-voltage cables 81. Precautions for work on dead low-voltage overhead lines 82. Work on live low-voltage apparatus and conductors 83. Precautions for work on live low-voltage cables 84. Precautions for work on live low-voltage overhead lines 85. Application of high-voltage rules to work on low-voltage apparatus and conductors 86. Testing and adjustment of low-voltage apparatus PART VIWIRING Division 1General 87. Administration of by-laws 88. Application of by-laws 89. Inspection of installations 90. Procedure for settling disputes 91. Prior notification to undertaker 92. Accommodation to be provided 93. Meter panels and connexions 94. Custody of licensee’s property 95. Disconnexion in certain circumstances 96. Connexion of neutral with earth 97. Protection of telecommunication 98. Guidance and instructions 99. Certificate of inspection and testing Division 2Construction of Consumer’s Installations 100. Design and mechanical protection 101. Electrical protection 102. Isolation and control position 103. Earthing of metal-work 104. Protection against earth leakage 105. Arc-suppression coils 106. Earthing of installation 107. Electrode boilers 108. Auto-transformers 109. Capacitors 110. Indoor substations 111. Outdoor substations Division 3Underground Cables 112. Construction and installation 113. Joints and connexions 114. Metallic protection of high-voltage cables 115. Identification and insulation test Division 4Overhead Lines 116. Overhead lines 117. Constructional materials requirements 118. Minimum heights and insulation 119. Unmetered service lines 120. Overhead lines crossing railway tracks 121. Different voltages in proximity 122. Loading conditions and factors of safety 123. Periodic testing and inspecting 124. Danger notices 125. Unauthorized climbing of supports Division 5Protective Multiple Earthing 126. Provision of protective multiple earthing 127. Applications of protective multiple earthing 128. Limitations 129. Connexions at transformers 130. Use of cables 131. Use of overhead lines 132. Use of cables and overhead lines 133. Overall resistance 134. Neutral and earth conductor 135. Separate installations Division 6Private Generation and Supply 136. Application to private owner 137. Consumer and private owner 138. Liquid and gaseous fuel 139. Plant rooms 140. Protection of batteries 141. Installation of batteries 142. Labeling 143. Connecting private plant 144. Private owner to comply with relevant by-laws Division 7Offences 145. Offences PART VIICUSTOMER SERVICE Division 1Objectives 146. Objectives Division 2Customer Information and Education 147. Information and obtaining service 148. Billing and metering information 149.…

INLAND WATERS SHIPPING: SUBSIDIARY LEGISLATION DECLARATION OF INLAND WATERS under s. 23 G.N. 121/1970 The Minister has declared the under-mentioned waters to be inland waters for the purposes of the Act— Lake Malawi Lake Malombe Lake Chirwa Upper and Lower Shire River INLAND WATERS SHIPPING (MASTERS AND CREWS) REGULATIONS under s. 37 ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Certain vessels to be under the command of a competent master 3. Masters and crews to hold certificates 4. Minister may issue certificates 5. Examinations for certificates 6. Cancellation of certificates 7. Notification of cancellation Schedules G.N. 20/1970279/1971102/1976127/1977126/198345/199354/200030/2006 1. Citation These Regulations may be cited as the inland Waters Shipping (Masters and Crews) Regulations. 2. Certain vessels to be under the command of a competent master No vessel of five tonnes or more which is used for hire or reward, and is not one of those vessels referred to in section 3 (3) of the Act, shall be used upon inland waters except under the command or in the charge of a competent master: Provided that a vessel of under ten tonnes shall only be required to carry a master if— (i) the vessel is hired complete with crew; or (ii) the vessel is used to carry twelve or more passengers. 3. Masters and crews to hold certificates (1) Subject to subregulation (3), the master of a vessel specified in Part I, II, III, IV or V of the First Schedule shall hold the certificate respectively specified in the second column of that Part as proof of the attainment of the necessary standards of competency. (2) Subject to the provisions of subregulation (3), a power driven vessel specified in Part I, II, III or IV of the First Schedule shall carry as crew members the persons specified in the first column of that Part and such members shall hold the certificates specified opposite thereto in the second column of that Part as proof of the attainment of the necessary standards of competency. (3) A power-driven vessel— (a) specified in Part V of the First Schedule which carries more than twelve passengers shall carry the master and crew prescribed for a vessel respectively specified in Part IV of that Schedule; (b) specified in Part IV of that Schedule which carries more than twelve passengers shall carry the master and crew prescribed for a vessel respectively specified in Part III of that Schedule; and (c) specified in Part III of that Schedule which carries more than twelve passengers shall carry the master and crew prescribed for a vessel respectively specified in Part II of the Schedule. 4. Minister may issue certificates The Minister may issue a certificate specified in the Second Schedule to a person— (a) who has passed the appropriate examination referred to in regulation 5; or (b) as to whose competency the Minister is otherwise satisfied in accordance with section 10 (2) of the Act. 5. Examinations for certificates G.N. 127/1977 (1) An examination for a Malawi Masters’ Certificate Class I, II and III, a Malawi Launchmasters’ Certificate, a Malawi Engineers’ Certificate Class I, II and III or a Malawi Engine Attendants’ Certificate shall be held by persons appointed as examiners by the Minister. (2) An application to sit an examination referred to in subregulation (1) shall be made to the Ministry of Transport and communications, Lilongwe. (3) The fee to sit an examination specified in the first column of the Third Schedule shall be the fee specified opposite thereto in the second column of that Schedule. (4) An applicant for an examination shall have the appropriate qualifications set out in the Fourth Schedule. (5) The syllabuses for the examinations shall be the syllabuses set out in the Fifth Schedule. (6) When the applicant has been notified by the Ministry of Transport and Communications of the name and address of the examiner appointed by the Minister, the applicant shall— (a) send the fee referred to in subregulation (3) to the examiner; and (b) satisfy the examiner of his qualifications to sit the examination. (7) The examiner shall, on receipt of such fee and on being satisfied of the qualifications of the applicant, notify the applicant of the time and place at which the examination shall be held. (8) If the applicant passes the examination the examiner shall notify the Minister accordingly. 6. Cancellation of certificates (1) The Minister may cancel the certificate of a master or member of a crew if such master or member of a crew— (a) has been convicted of an offence under section 36 (1)(e) or (f) or under section 36 (2) of the Act and his appeal, if any, has been abandoned or dismissed; or (b) has been found to be incompetent or negligent by a formal inquiry held under section 30 of the Act. (2)…

WATERWORKS: SUBSIDIARY LEGISLATION WATERWORKS (SOUTHERN REGION WATER BOARD) BY-LAWS ARRANGEMENT OF BY-LAWS BY-LAW PART IPRELIMINARY 1. Citation 2. Interpretation 3. Water fittings to which By-laws not applicable PART IIPREVENTION OF CONTAMINATION OF WATER FROM CONTACT WITH UNSUITABLE MATERIALS OR SUBSTANCES 4. Installation of water fittings 5. Installation of water fittings causing waste, etc; of water supplied by Board prohibited 6. Laying and installation of water fittings in foul soil, etc., prohibited 7. Laying and installation of water fittings in place or position where permeation or deterioration occurs prohibited 8. Use of material which causes contamination prohibited 9. Use of pipe fitting internally lined with coal tar, etc., prohibited 10. Use of lead pipes prohibited 11. Copper pipe not to be connected to lead pipe PART IIIPREVENTION OF CONTAMINATION OF WATER BY BACK-SIPHONAGE, BACKFLOW OR CROSS CONNEXION 12. Interpretation of this Part 13. Connexion of water supply for domestic purposes to water supply pipes for non-domestic purposes prohibited 14. Pumps to be connected with prior written authority of the Board 15. Closed circuit not to be connected to supply pipe 16. Cistern pipe not to be connected to a secondary system 17. Draw-off taps; how to be fitted 18. Certain draw-off taps; what to incorporate 19. Use of certain hosepipes prohibited 20. Bidet not to be connected to supply pipe 21. Where bidet may be connected to supply pipe 22. Hot water pipe and bidet; how connected 23. Washing machine, dishwasher, etc., to incorporate type B air gap 24. Inlet pipe to incorporate a check valve and vacuum breaker 25. Certain supply pipes to incorporate type A air gap, etc. 26. Water supply pipes for domestic purposes to incorporate a type A air gap or type B air gap, etc. 27. Certain supply pipes to be fitted with check valves, vacuum breakers, etc. 28. Water supply pipes for fire-fighting purposes to be clearly and indelibly marked 29. Water fittings, other than for fire-fighting purposes, prohibited 30. Installation of backflow prevention device PART IVPREVENTION OF WASTE AND CONTAMINATION OF STORED WATER 31. Installation of storage cistern 32. Storage cistern to be so installed as to allow inspection and cleaning, and to avoid damage 33. Float-operated valve to be fitted to pipe supplying water to storage cistern 34. Installation of float-operated valve and feed 35. Vent pipe, warning pipe or overflow pipe not to be connected as a means of conveying water 36. Pressure in primary heater not to exceed pressure of stored water 37. Single feed indirect cylinder not to be connected to supply pipe, and to have vent 38. Overflow pipe and warning pipe to be fitted to storage cistern 39. Installation of warning pipe 40. Connexion of flexible hose prohibited 41. Connexion of warning pipe to other warning pipe or overflow pipe prohibited 42. Condition of float-operated valve 43. Installation of float-operated valve 44. Valve or device to be capable of controlling flow of water into storage cistern 45. Installation of storage cistern in a place in which water may be contaminated prohibited 46. Float-operated valve to be fitted to pipe supplying water for animal use 47. Ponds, fountains or pools to be constructed with impervious lining or membrane PART VPREVENTION OF WASTE WATER FROM DAMAGE TO WATER FITTINGS FROM CAUSE OTHER THAN CORROSION 48. Installation of pipes and other water fittings below ground 49. Pipes or water fittings to be protected from damage 50. Plastic pipes to be protected from damage PART VIPREVENTION OF WASTE FROM OR CONTAMINATION BY UNSUITABLE OR IMPROPERLY INSTALLED WATER FITTINGS 51. Installation of water fitting likely to contaminate water prohibited 52. Only water fittings capable of withstanding pressure, etc., to be installed 53. Pipe to be free from airlock or reverberation 54. Pipe for supply of water for domestic purposes to be cleaned before use 55. Supply of cold water to be exposed to minimum heat 56. Connexion of metal pipe to water fitting by means of adhesive prohibited in certain circumstances 57. Installation of pipe into wall, floor, etc., prohibited 58. Disconnexion of pipes and water fittings 59. Metal pipes and other water fittings made of different metals not to be connected to each other PART VIISTOP VALVES 60. Interpretation of this Part 61. Stop valve to be fitted to supply and distribution pipes, etc. 62. Stop valve fitted to pipe supplying water to premises to be readily accessible 63. Stop valve to be water-tight, etc. 64. Supply pipe to be drained when stop-valve is closed, and draining tap opened 65. Supply pipe to be fitted with draining pipe 66. Drainage tap not to be buried or submerged in water 67. Servicing valve to be fitted to pipe conveying water from storage cistern 68. Servicing valve to be installed with float-operated valve 69. Servicing valve to have characteristics of stop-valve 70. Installation of…

ROADS FUND ADMINISTRATION: SUBSIDIARY LEGISLATION ROADS FUND ADMINISTRATION (TOLLS) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation PART IIADMINISTRATION 3. Designation of toll administrator 4. Functions of toll administrator 5. Toll collectors PART IIITOLLS 6. Imposition of toll 7. Toll points 8. Payment of toll 9. Discounted toll 10. Exemptions 11. Use of toll fees 12. Suit for recovery PART IVCONCESSION AGREEMENTS 13. Concession agreement 14. Exercise of toll road function by concessionaire PART VMISCELLANEOUS 15. Offences and penalties 16. Summary imposition of penalties 17. Forfeiture of certain vehicles FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE G.N. 41/20211/2022 ROADS FUND ADMINISTRATION (TOLLS) REGULATIONS under s. 30 PART IPRELIMINARY 1. Citation These Regulations may be cited as the Roads Fund Administration (Tolls) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “concessionaire” means a person authorized by the Minister to manage a toll road under a concession agreement pursuant to regulation 14, and includes a successor, delegate, transferee or assignee of the concessionaire; “concession agreement” means an agreement made pursuant to regulation 13; “Director” means the person designated as Director of Tolls under regulation 3 (2); “local user” means a motorist driving a Malawian registered vehicle domiciled within a ten kilometre radius of an inland toll point; “local user discounted toll” means a toll levied on a local user to a specific facility for a specified period of time as prescribed in the Third Schedule; “maintenance” in relation to a road, means all works to preserve road quality, road shape, drain, culverts, structures and bridges, spot improvement of bad spots to maintain accessibility, re-sealing, re-shaping and re-gravelling; “rehabilitation” means activities aimed at restoring the original condition of a road through relatively extensive works and includes pavement layer reconstruction, mill and replace, re-shaping of the cross-section, reconstruction of the shoulders, drainage works and thick overlays; “toll” means a fee paid or payable on any road, border post, bridge or pontoon where the toll administrator or a concessionaire, as the case may be, operates a toll point; “toll collector” means a person appointed as such under regulation 5; “toll point” means a point designated for the collection of tolls under regulation 7; and “vehicle” means a vessel drawn, propelled or driven by any kind of power generated by an automated engine, and capable of being used as a means of transportation on land, but does not include a wagon, dray, cart, carriage or bicycle. PART IIADMINISTRATION 3. Designation of toll administrator (1) The Administration is hereby designated as a toll administrator and shall be responsible for the implementation of these Regulations. (2) The toll administrator shall designate a suitably qualified person, within the Administration, as the Director of Tolls. 4. Functions of toll administrator The toll administrator shall have the following functions— (a) regulate and operate toll gates; (b) monitor compliance of concessionaires with the terms and conditions of concession agreements; (c) advise the Minister on the operation and maintenance of toll gates; (d) identify toll points on public roads; (e) recommend toll fees to the Minister; and (f) perform such other functions as may be conferred by, or under, these Regulations or any other written law. 5. Toll collectors (1) The toll administrator may, on such terms and conditions as it may determine, appoint a suitably qualified person as a toll collector for purposes of these Regulations. (2) A toll collector may perform such other functions as the toll administrator may specify in writing. (3) A toll collector shall remit to the toll administrator any toll collected under these Regulations. PART IIITOLLS 6. Imposition of toll There is hereby imposed a road toll. 7. Toll points (1) The toll administrator may establish and operate a toll point on any road, bridge or pontoon. (2) The places on the public roads listed in the First Schedule are designated as toll points. 8. Payment of toll (1) A driver of a vehicle shall, at the time of passing through a toll point, pay to a toll collector, the appropriate toll prescribed in the Second Schedule in respect of his vehicle. (2) Notwithstanding the provisions of subregulation (1), a driver of a vehicle may at the time of passing through a toll point, pay in advance the appropriate toll in respect of the vehicle for another toll point within the route to be taken by that driver. (3) A driver of a vehicle domiciled within a radius of ten kilometres of a toll point may pay in advance the appropriate toll prescribed in the Second Schedule. 9. Discounted toll A road user who is a local user shall buy a local user discounted toll, as prescribed in the Third Schedule. 10. Exemptions (1) The Minister may, on such conditions as he may determine, exempt any vehicle or class of vehicles from…

CIVIL AVIATION: SUBSIDIARY LEGISLATION CIVIL AVIATION (AIRPORT) (MOTOR VEHICLE PARKING FEES) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Citation 2. Interpretation 3. Payment of motor vehicle parking fees 4. Exempted motor vehicles 5. Appointment of agents 6. Failure to pay parking fees FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE G.N. 31/2022 CIVIL AVIATION (AIRPORT) (MOTOR VEHICLE PARKING FEES) REGULATIONS under s. 92 1. Citation These Regulations may be cited as the Civil Aviation (Airport) (Motor Vehicle Parking Fees) Regulations. 2. Interpretation In these Regulations, unless the context otherwise requires— “Airport operator” means an entity or person responsible for operation and management of an Airport; and “motor vehicle parking fee” means a fee charged on a motor vehicle for entry into and remaining on Airport premises. 3. Payment of motor vehicle parking fees (1) A person who drives a motor vehicle into an Airport listed in the First Schedule, shall pay to the Airport operator a motor vehicle parking fees as specified in the Second Schedule. (2) The Airport operator shall issue to the person driving the motor vehicle a receipt acknowledging payment of the appropriate motor vehicle parking fees. 4. Exempted motor vehicles A person who drives a motor vehicle listed in the Third Schedule shall be exempted from paying motor vehicle parking fees. 5. Appointment of agents An Airport operator may appoint an agent to collect motor vehicle parking fees on his behalf. 6. Failure to pay parking fees (1) An Airport operator shall impose a surcharge equal to three times of the total amount defaulted on a driver of a motor vehicle who, on demand, fails or refuses to pay the prescribed motor vehicle parking fees. (2) Where a driver of a motor vehicle fails or refuses to pay the parking fees, surcharge or both the parking fee and surcharge, the Airport operator may impound the motor vehicle. (3) An Airport operator shall retain possession of a motor vehicle impounded under subregulation (2) until the driver pays the parking fee, surcharge and costs for towing, storage and any other related costs. (4) An Airport operator or his agent shall not be liable for loss, injury or damage to a motor vehicle or any person or property in or on the vehicle in the course of impounding, towing or storage of the motor vehicle. reg. 3 FIRST SCHEDULE AIRPORTS AT WHICH VEHICLE PARKING FEES ARE CHARGEABLE Chileka International Airport, Blantyre reg. 3 SECOND SCHEDULE MOTOR VEHICLE PARKING FEES Parking DurationOpen ParkingCovered Parking 1.Less than 1 hourK500K700 2.From 1 hour to 2 hoursK700K900 3.From 2 hours to 3 hoursK800K1,100 4.From 3 hours to 4 hoursK1,100K1,300 5.From 4 hours to 5 hoursK1,200K2,000 6.From 5 hours to 6 hoursK1,500K2,400 7.From 6 hours to 8 hoursK2,200K3,000 8.From 8 hours to 24 hoursK3,000K3,500 reg. 4 THIRD SCHEDULE MOTOR VEHICLES EXEMPTED FROM PARKING FEES 1. All vehicles on the President’s motorcade 2. All vehicles on the Vice-President’s motorcade 3. All vehicles on a Former President’s motorcade 4. A vehicle transporting a Former Vice-President 5. A Minister’s official vehicle 6. A Deputy Minister’s official vehicle 7. The Speaker of the National Assembly’s official vehicle 8. A Deputy Speaker of the National Assembly’s official vehicle 9. The Chief Justice’s official vehicle 10. The Deputy Chief Justice’s official vehicle 11. The Secretary to the President and Cabinet’s official vehicle 12. The Deputy Secretary to the President and Cabinet’s official vehicle 13. All Malawi Defence Force vehicles 14. All Malawi Police Service vehicles 15. All City Council and Government vehicles deployed for a Presidential function and preparations therefor 16. All vehicles on a visiting head of State or senior government official’s motorcade 17. All vehicles on a visiting head of international organization’s motorcade 18. All vehicles with diplomatic registration numbers CD 1 to CD 3 and any vehicle transporting a head of diplomatic mission or deputy head of mission. 19. Airport Service vehicles 20. Ambulance 21. Hearse 22. All vehicles involved in an emergency rescue operation. CIVIL AVIATION (SECURITY) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION PART IPRELIMINARY 1. Citation 2. Interpretation 3. Application PART IIPROGRAMMES 4. National Civil Aviation Security Programme 5. Aerodrome operator security programme 6. Aircraft operator security programme 7. Regulated agent security programme 8. Catering operator security programme 9. Air traffic service provider security programme 10. National Civil Aviation Security Training Programme 11. Operation of an aviation security training centre 12. National Civil Aviation Security Quality Control Programme 13. Internal quality control programme 14. Approval of security programmes 15. Review of a security programme by the operator 16. Review of operator security programmes by the Authority 17. Suspension and cancellation of security programme 18. Failure to develop a security or training programme PART IIIPREVENTIVE SECURITY MEASURES 19. Definitions 20. Designation of security restricted areas 21. Access to security restricted areas 22. Control of access by tenants 23. Aerodrome boundary…

NATIONAL AIRLINE: SUBSIDIARY LEGISLATION NATIONAL AIRLINE (DISSOLUTION OF CENTRAL AFRICAN AIRWAYS CORPORATION) REGULATIONS under s. 5 G.N. 66/1985 1. Citation These Regulations may be cited as the National Airline (Dissolution of the Central African Airways Corporation) Regulations. 2. Interpretation In these Regulations— “Agreement” means the Agreement consisting of such instruments as were concluded between the Governments of the Republic of Malawi, Republic of Zambia and Republic of Zimbabwe on the 17th May, 1985, at Harare in the Republic of Zimbabwe for the dissolution of the Corporation; “Air Malawi” means Air Malawi Limited, a company incorporated in Malawi under the Companies Act; “Corporation” means the Central African Airways Corporation established under Part IV of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963.* 3. Revocation of Part IV of G.N. 273/1963 Part IV of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council is hereby revoked as respects Malawi. 4. Transitional provisions (1) Subject to the provisions of the Agreement— (a) all assets, liabilities, rights and obligations in, or appertaining to, the operations of the Corporation within Malawi which immediately before the date of commencement of these Regulations were vested in, owing to or incurred by the Corporation or any person on behalf of the Corporation are hereby vested in Air Malawi; (b) all bonds, charges, agreements, contracts, instruments and working arrangements creating or giving rise to liabilities, rights or obligations in, or appertaining to the operations of, the Corporation within Malawi which immediately before the date of commencement of these Regulations were subsisting in favour of, or against, any person on behalf of the Corporation shall on that date become enforceable in favour of or against Air Malawi as if, instead of the Corporation or such person, Air Malawi had been named therein or had been party thereto; (c) all proceedings, judgements or causes in action which were pending or existing immediately before the date of commencement of these Regulations— *Part IV Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, has been revoked as respects Malawi. (See regulation 3 above) (i) relating to or connected with any asset, liability, right or obligation referred to in paragraph (a); or (ii) arising out of any bond, charge, agreement, instrument or working arrangement referred to in paragraph (b); shall be continued or enforced by or against Air Malawi as they might have been continued by or against the Corporation or any person on behalf of the Corporation had these Regulations not come into force. (2) Where the transfer of any property transferred to or vested in Air Malawi under subregulation (1) is required by any written law to be registered, Air Malawi shall, within one year or within such other period as is prescribed by the written law, from the date of commencement of these Regulations, apply to the appropriate registering authority for the registration of the transfer and thereupon the registering authority shall, at no cost to Air Malawi or any person by way of registration fees stamp and other duties— (a) make such entries in the appropriate register as shall give effect to the transfer; (b) where appropriate, issue to Air Malawi a certificate of title or other statutory evidence of ownership of the property or make such amendment to the appropriate register as may be necessary; and (c) make any necessary endorsement on such deeds or other documents as may be presented to such registering authority relating to the title, liability, right or obligation concerned.