ENERGY REGULATION

CHAPTER 73:02
ENERGY REGULATION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
ESTABLISHMENT OF THE ENERGY REGULATORY AUTHORITY: CONSTITUTION, FUNCTIONS, POWERS AND DUTIES

    3.    Establishment of the Authority

    4.    Constitution of the Authority

    5.    Appointment of members of the Authority

    6.    Chairperson of the Authority

    7.    Tenure of office of members

    8.    Removal from office and vacancy

    9.    Powers and functions

    10.    Minister to Gazette Policy

    11.    Remuneration of members

    12.    Meetings of the Authority

    13.    Duties and responsibilities of members

    14.    Just administrative action

    15.    Committees of the Authority

    16.    Advisory Committees and customer-consumer fora

    17.    Members and employees not to be engaged in licensed activity

    18.    Chief Executive of the Authority

    19.    Other staff of the Authority

    20.    Disclosure of interest

    21.    Hiring of services

    22.    Delegation of powers and authority

PART III
FINANCIAL PROVISIONS

    23.    Funds of the Authority

    24.    Energy regulation levy

    25.    Rural electrification levy

    26.    Books of accounts

    27.    Annual report

PART IV
REGULATION OF THE ENERGY SECTOR

    28.    Activities to be carried out under licence

    29.    Application for and issuing of licence

    30.    Tariffs or prices of energy

    31.    Transfer of licences

PART V
RESOLUTION OF DISPUTES

    32.    Authority may arbitrate

    33.    Authority may act as mediator

    34.    Authority may appoint another arbitrator

    35.    Procedure and fees for mediation and arbitration

    36.    Decision of the Authority is final

PART VI
INSPECTION, ACCIDENTS, INQUIRIES AND INVESTIGATIONS

    37.    Inquiries and formal investigations

    38.    Licensee to report accidents

    39.    Entry and inspection of premises

PART VII
OFFENCES AND PENALTIES

    40.    Offences

    41.    Penalties

PART VIII
MISCELLANEOUS PROVISIONS

    42.    Service of notice

    43.    Right of appeal to the High Court

    44.    Obligation of secrecy

    45.    By-laws

20 of 2004
G.N. 37/2007

    An Act to establish an Energy Regulatory Authority to regulate the energy sector, to define the functions and powers of the Energy Regulatory Authority, to provide for licensing of energy undertakings, and for matters connected therewith and incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Energy Regulation Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “Authority” means the Malawi Energy Regulatory Authority established under section 3;

    “coal” means coal as defined in the Energy Laws;

    “customer” means a person purchasing energy;

    “consumer” means a person consuming energy;

    “electricity undertaking” means electricity undertaking as defined in the Electricity Act;

    “energy” means such sources of renewable and non-renewable energy as defined in this Act;

    “Energy Laws” means this Act and any other written law under which the Authority exercises any function;

    “energy undertaking” means any undertaking selling energy or commercial activities related thereto, whether public or private as defined in the Energy Laws;

    “licence” means a licence granted under Part III;

    “licensee” bears a corresponding meaning;

    “liquid fuels and gas” means liquid fuels and gas as defined in Energy Laws;

    “member” means a member of the Authority and includes the Chairperson or Vice-Chairperson;

    “non-renewable energy” means those sources of energy available to mankind arising from natural processes in the interaction between the sun and the earth’s surface but not regularly replenished and these include uranium and fossil fuels e.g. coal, peat, crude oil, natural gas;

    “Public Appointments Committee” means the Public Appointments Committee established under section 56 (7) of the Constitution;

    “renewable energy” means those sources of energy available to mankind arising from natural processes in the interaction between the sun and the earth’s surface and regularly replenished and these include the sun as the primary renewable energy resource and the secondary renewable energy resources that derive from the sun including wind energy, hydro, ocean thermal, ocean wave, ocean tidal and electricity from photovoltaic effects, biomass, geothermal, etc.;

    “rural electrification” means rural electrification as defined in the Rural Electrification Act;

    “Rural Electrification Fund” means the fund set up under the Rural Electrification Act;

    “solar, wind, biogas” means solar, wind, biogas as defined in the Energy Laws;

PART II
ESTABLISHMENT OF THE ENERGY REGULATORY AUTHORITY: CONSTITUTION, FUNCTIONS, POWERS AND DUTIES

3.    Establishment of the Authority

    There is hereby established an Authority known as the Malawi Energy Regulatory Authority (in this Act otherwise referred to as the “Authority”) which shall be a body corporate by that name with perpetual succession and a common seal and capable of suing and being sued in its corporate name and capable of acquiring and disposing of any moveable or immoveable property and performing such acts and…