Energy Regulation Act
- Commenced on 28 December 2007
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Energy Regulation Act.
2. InterpretationIn 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;[Cap. 73:01]"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;[Cap. 73:03]"Rural Electrification Fund" means the fund set up under the Rural Electrification Act;[Cap. 73:03]"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 AuthorityThere 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 things as bodies corporate may by law do or perform and have power to perform such functions and exercise such powers as are conferred by this Act and the Energy Laws.
4. Constitution of the Authority
5. Appointment of members of the Authority
6. Chairperson of the AuthorityThe President shall appoint one of the members of the Authority as Chairperson and another member as Vice-Chairperson.
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 or employees not to be engaged in licensed activity
18. Chief Executive of the AuthorityThe Authority shall appoint a Chief Executive to be known by such title as the Authority may deem fit, who shall be the chief executive officer of the Authority and responsible for the administrative control of, and supervision over the work and staff of the Authority.
19. Other staff of the Authority
20. Disclosure of interest
21. Hiring of servicesThe Authority may, subject to such conditions as the Authority may determine contract with any person to provide goods or supply services as may be necessary to perform the work connected with the powers, functions and duties of the Authority.
22. Delegation of powers and Authority
Part III – Financial provisions
23. Funds of the AuthorityThe funds of the Authority shall consist of—
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 licenceAny person obliged to hold a licence under this Act or Energy Laws shall apply to the Authority for a licence in the prescribed form in accordance with the procedure and subject to payment of fees laid down in this Act or Energy Laws.
30. Tariffs or prices of energyA licensee shall not charge a customer any other tariff, price or charge more than that forming part of the conditions of his or her licence or revision thereof and as approved by the Authority.
31. Transfer of licencesNo licence and no rights or privileges thereunder shall be assigned or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person without the prior written consent of the Authority, but so however that such consent shall not be unreasonably withheld.
Part V – Resolution of disputes
32. Authority may arbitrateThe Authority shall, if requested thereto by a party to a dispute, act as arbitrator in disputes between licensees or between a licensee and its customers or consumers relating to—
33. Authority may act as mediatorThe Authority may act as mediator in any other matter in respect of which a licensee, customer, or consumer requests the Authority to act as such.
34. Authority may appoint another arbitratorThe Authority may, on approval of the parties involved, appoint a suitable person to act as mediator or arbitrator on its behalf and any action or decision of a person so appointed is deemed to be an action or decision of the Authority.
35. Procedure and fees for mediation and arbitrationThe Authority shall by notice published in the Gazette prescribe the procedure to be followed and mediation and arbitration fees to be paid in mediating and arbitrating disputes.
36. Decision of the Authority is finalThe decision of the Authority in arbitrating a dispute, including a decision as to costs, shall be final and binding on the disputing parties, subject only to the right of appeal to the High Court.
Part VI – Inspections, 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
41. PenaltiesAny person who is guilty of an offence under this Act for which no penalty is provided shall be liable to a line of K5,000,000 and to imprisonment for ten years.
Part VIII – Miscellaneous provisions
42. Service of noticeAny notice or other document required or authorized to be given, delivered or served under this Act may be given, delivered or served—
43. Right of appeal to the High Court
44. Obligation of secrecyExcept for any of the purposes of this Act or the Energy Laws or for the purpose of any civil or criminal proceedings under any written law or where otherwise authorized by the Authority, no member of the Authority or a committee of the Authority or any officer, servant or agent of the Authority or any person attending any meeting of the Authority or a committee of the Authority, whether during his or her tenure of office or during his or her employment or for a period of five years thereafter, shall disclose any information which has been obtained by him or her in the course of his or her duties and which is not published in pursuance of this Act or the Energy Laws.
45. By-lawsThe Authority may make by-laws to give effect to any of the provisions of this Act and without prejudice to the generality of the foregoing, the Authority may make by-laws—
History of this document
31 December 2014 this version
28 December 2007