LIQUID FUELS AND GAS (PRODUCTION AND SUPPLY)

CHAPTER 50:03
LIQUID FUELS AND GAS (PRODUCTION AND SUPPLY)

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Application

    3.    Act not to apply to exploration of liquid fuels and gas

    4.    Interpretation

PART II
GENERAL PRINCIPLES

    5.    Objectives

    6.    Activities in chain of supply open to any person

PART III
FUNCTIONS OF THE MINISTER

    7.    Functions of the Minister

PART IV
LIQUID FUELS AND GAS PRODUCTION LICENCE

    8.    Obligation to obtain a production licence

    9.    Production activities to be licensed

    10.    Application for a production licence

    11.    Application fees and expenses

    12.    Approval of applications

    13.    Validity of production licence

    14.    Assignment of production licence

    15.    Suspension, revocation or termination of production licence

PART V
LIQUID FUELS AND GAS CONSTRUCTION AND OPERATING LICENCES

    16.    Obligation to obtain a licence

    17.    Activities to be licensed

    18.    Application for a licence

    19.    Application fees and expenses

    20.    Approval of applications

    21.    Validity of licences

    22.    Assignment of licences

    23.    Suspension, revocation or termination of licences

PART VI
OBLIGATIONS OF THE HOLDERS OF LICENCES

    24.    Compliance with laws, regulations, standards and specifications

    25.    Inspection and information

    26.    Minister to establish minimum stock requirements

    27.    National Liquid Fuels and Gas Information System

    28.    Reports and information to be submitted

    29.    Central Registry of Liquid Fuels and Gas Operations

PART VII
ASSURANCE OF FAIR COMPETITION

    30.    Prohibition against activities contrary to principles of fair competition

    31.    Negotiated access to unused capacities of third party facilities

PART VIII
PROTECTION OF OCCUPATIONAL SAFETY, HEALTH AND WELFARE, PUBLIC SAFETY, PUBLIC HEALTH AND THE ENVIRONMENT

    32.    Adoption and adaptation of international standards and specifications

    33.    Environmental impact studies

PART IX
NATIONAL LIQUID FUELS AND GAS EMERGENCY PLAN AND STRATEGIC FUEL RESERVE STORAGE

    34.    National Liquid Fuels and Gas Emergency Plan

    35.    Strategic Fuel Reserve Storage

PART X
PRODUCT PRICES, TAXES AND LEVIES

    36.    Approval of prices

    37.    Advisory committees

    38.    Levies

PART XI
MEDIATION AND APPEALS

    39.    Non-binding mediation by the Authority

    40.    Appeal to the High Court

PART XII
OFFENCES AND PENALTIES

    41.    Offences

    42.    Penalties

    43.    Joint liability

    44.    Initiation of actions by consumers

PART XIII
MISCELLANEOUS PROVISIONS

    45.    Rehabilitation of area damaged by operations

    46.    Regulations

    47.    By-laws

    48.    Transitory regime for licences

    49.    Repeal and savings

        Schedule

23 of 2004
G.N. 40/2007

    An Act to make provisions for production, blending, extraction, conversion, importing, transforming, transporting, storing, distributing and selling liquid fuels and gas in a liberalized market and for matters connected therewith or incidental thereto

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Liquid Fuels and Gas (Production and Supply) Act.

2.    Application

    (1) The provisions of this Act shall apply to the production, extraction, conversion, importation, blending, transportation, storage, distribution, wholesale and retail sale of liquid fuels and gas and related activities within Malawi, and in the event that natural gas is used as boiler fuel, feed stock or for other commercial purposes in Malawi, all provisions of this Act which refer to liquid fuels and gas shall also apply to natural gas, whether imported or produced in Malawi, including compressed and liquefied natural gas.

    (2) The provisions of this Act shall apply to all persons, whether individual or body corporate, all departments and other entities of the Government, the Malawi Defence Force, all public corporations and all corporations under the Companies Act, subject to specific exemption for military and other entities for reasons of national security as may be authorized by the Minister by notice published in the Gazette.

3.    Act not to apply to exploration of oil and gas

    The activities and installations related to the prospecting, exploration, discovery and development of oil and gas within Malawi as well as the storage, transportation and transformation of such oil and gas within the limits of the development area shall be governed by the Petroleum Exploration Act.

4.    Interpretation

    In this Act, unless the context otherwise requires—

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

    “chain of supply” means all operations, activities, installation equipment and other facilities, directly or indirectly, related to liquid fuels and gas supply operations;

    “commercial storage” means liquid fuels and gas storage held by a licensee for his day to day commercial operations;

    “consumer” has the meaning assigned thereto in the Consumer Protection Act;

    “Energy Laws” has the meaning ascribed thereto in the Energy Regulations Act;

    “exploration area” has the meaning assigned thereto in the Petroleum Exploration Act;

    “franchising”…