The Energy Regulation Act, 2019

Energy Regulation [No. 12 of 2019 345
THE ENERGY REGULATION ACT, 2019
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title and commencement
2. Interpretation
PART II
THE ENERGY REGULATION BOARD
3. Continuation of Energy Regulation Board
4. Functions of Energy Regulation Board
5. Establishment of Board
6. Functions of Board
7. Delegation of functions
8. Director-General, Secretary and other staff
PART III
LICENCES
9. Single licensing system
10. Prohibition of establishing or operating enterprise without licence
11. Application for licence
12. Consideration and grant of licence
13. Provisional licence
14. Conditions for refusal to grant licence
15. Validity, terms and conditions of licence
16. Variation of conditions of licence
17. Surrender of licence
18. Transfer, ceding, pledge, assignment, disposal or encumberance of
licence
19. Suspension or revocation of licence
20. Renewal of licence
21. Register of licences
22. Permit
PART IV
INSPECTORTATE
23. Inspectors
24. Powers of Inspectors
25. Arrest without warrant
26. Seizure of property
27. Restoration of property
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka.

rant
26. Seizure of property
27. Restoration of property
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka.

Prices K72.00 each.

346 No. 12 of 2019] Energy Regulation
28. Appointment of prosecutors
29. Honorary inspector
PART V
CONSUMER AFFAIRS
30. Consumer councils
31. Quality of goods and services
32. Guidelines for handling complaints
PART VI
OBJECTIONS AND APPEALS
33. Objection to licence application
34. Appeal from decision of Energy Regulation Board
35. Appeals Tribunal
36. Functions of Tribunal
37. Secretariat of Tribunal
38. Proceedings of Tribunal
39. Costs
40. Appeal from decision of Tribunal
41. Allowances of members and secretariat
42. Rules PART VII
THE ENERGY FUND
43. Establishment of Fund
44. Administration of Fund and accounts
45. Annual report
PART VIII
GENERAL PROVISONS
46. Energy Regulation Board to issue guidelines
47. Service of notices
48. Prohibition of tampering with quality and illegal vending
49. Offences by principal officers of body corporate or unincorporate
body
50. Information to be furnished to Energy Regulation Board
51. Compounding of certain offence by Energy Regulation Board
52. Administrative penalty
53. Direction to cease operation of unlicensed activity
54. Regulations
55. Repeal of Cap. 436
SCHEDULES

y Regulation Board
52. Administrative penalty
53. Direction to cease operation of unlicensed activity
54. Regulations
55. Repeal of Cap. 436
SCHEDULES

Energy Regulation [No. 12 of 2019 347
An Act to provide for the licensing of enterprises in the
energy sector; continue the existence of the Energy
Regulation Board and re-define its functions; re-constitute
and revise the functions of the Board; repeal and replace
the Energy Regulation Act, 1995; and provide for matters
connected with, or incidental to, the foregoing. [27th December, 2019
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Energy Regulation Act, 2019,
and shall come into operation on the date appointed by the Minister
by statutory instrument. 2.

s Act may be cited as the Energy Regulation Act, 2019,
and shall come into operation on the date appointed by the Minister
by statutory instrument. 2.

In this Act, unless the context otherwise requires—
“ activity ” means a commercial activity, excluding an activity
which the Minister, by statutory instrument, declares not
to constitute an activity for the purposes of this Act whether
public or private, for the —
(a) production, generation transmission, distribution or
supply of energy;
(b) production, refining, transportation, storage, trading
or supply of energy or fuel; or
(c) manufacturing, distribution or supply of equipment
used for any activity mentioned in paragraph (a)
or (b), other than equipment—
Short title and
commencement
Enactment
Interpretation
GOVERNMENT OF ZAMBIA
ACT
No. 12 of 2019
Date of Assent: 27th December, 2019

ther than equipment—
Short title and
commencement
Enactment
Interpretation
GOVERNMENT OF ZAMBIA
ACT
No. 12 of 2019
Date of Assent: 27th December, 2019

(i) designed for ordinary household use;
(ii) of a design or type prescribed by the
Minister;
(iii) designed or used for a purpose, or in
circumstances, that may be prescribed;
(iv) for the export of electricity;
(v) for the import of electricity;
(vi) for the sale and trading of electricity by
asset and non-asset owner; or
(vii) for transmission and distribution service
provision by intermediary power trader or
off-taker;
“ arbitration ” has the meaning assigned to the word in the
Arbitration Act, 2000;
“ associate ” has the meaning assigned to the word in the
Anti-Corruption Act, 2012;
“ base cost ” means the capital costs associated with
conceiving, designing, planning and implementing through
engineering, procurement and construction of an enterprise
for which a licence is being sought, applying the best utility
industry practice standards, including equipment, materials,
civil works, development costs, pre-operating costs and
associated imported duties and taxes;
“ Board ” means the Board of the Energy Regulation Board
constituted under section 5;
“ Chairperson ” means a person appointed as Chairperson
under section 5;
“ charges ” include prices, fees, rates, surcharges, levies,
penalties, deposits, connection charges or fees, use of
system charges or any other charge made for the provision
of any service, commodity or product that a licensee renders
in the course of carrying out its licensed activity;
“ common carrier ” has the meaning assigned to the words in
the Electricity Act, 2019;
“ Competition and Consumer Protection Commission ” means
the Competition and Consumer Protection Commission
established under the Competition and Consumer Protection
Act, 2010;
Act No.

ion Commission ” means
the Competition and Consumer Protection Commission
established under the Competition and Consumer Protection
Act, 2010;
Act No.

9 of
2000
Act No. 3 of
2012
Act No. 11
of 2019
Act No. 24
of 2010
348 No. 12 of 2019] Energy Regulation

9 of
2000
Act No. 3 of
2012
Act No. 11
of 2019
Act No. 24
of 2010
348 No. 12 of 2019] Energy Regulation

“ consumer ” means a person to whom energy is supplied or
who has applied and paid for the supply of energy;
“ Director-General ” means the person appointed as Director-
General under section 8;
“Emoluments Commission ” means the Emoluments
Commission established under the Constitution;
“ energy ” means—
(a) a source of electrical, mechanical, thermal, nuclear
or chemical power for any use, and includes
electricity, petroleum, coal, other fossil fuels,
geothermal, natural gas, biomass and its derivatives
municipal waste, solar, wind and tidal wave power;
and
(b) energy produced by any other means that the
Minister may, on recommendation of the Board,
prescribe by statutory instrument;
“ Energy Regulation Board ” means the Energy Regulation
Board continued under section 3;
“ enterprise ” means an entity engaged in the production,
generation, transmission, distribution, supply of energy,
intermediary power trading, refining, transportation,
storage, trading or supply of fuel or any other licensed
activity under this Act;
“ inspector ” means a person appointed as inspector under
section 23;
“ legally disqualified ” means having no legal capacity as
provided in section 4 of the Mental Health Act, 2019;
“ licence ” means a licence issued by the Board under section
12;
“ licensee ” means a holder of a licence in relation to—
(a) petroleum, in the—
(i) pipeline transportation of crude oil,
petroleum products and natural gas;
(ii) refining of petroleum products;
(iii) processing of natural gas;
(iv) terminal storage of petroleum products;
Cap.

leum products and natural gas;
(ii) refining of petroleum products;
(iii) processing of natural gas;
(iv) terminal storage of petroleum products;
Cap.

1
Act No. 6 of
2019
Energy Regulation [No. 12 of 2019 349

1
Act No. 6 of
2019
Energy Regulation [No. 12 of 2019 349

(v) wholesale marketing of petroleum
products;
(vi) distribution, importation and exportation
of petroleum products;
(vii) retail of petroleum products;
(viii) transportation of petroleum products; and
(ix) transportation and marketing of coal;
(b) electricity, in the -
(i) generation of electricity;
(ii) transmission of electricity;
(iii) distribution of electricity;
(iv) supply or trading of electricity; and
(v) system operation of the power system and
transmission and distribution service
provision;
(c) renewable energy, in the—
(i) manufacture, supply, installation and
maintenance of renewable energy
generating equipment; and
(ii) production, storage, marketing and
transportation of renewable energy; and
(d) any other activity as the Minister may prescribe
by statutory instrument;
“ licensed activity ” means an activity authorised under a
licence issued by the Board;
“ permit ” means a permit referred to under section 22;
“ power purchase agreement ” has the meaning assigned to
the words in the Electricity Act, 2019;
“ power supply agreement ” has the meaning assigned to the
words in the Electricity Act, 2019;
“ prudent utility practice ” means the practice, method, and
act at a particular time which, in the exercise of reasonable
judgment, in the light of the facts, including the practices,
methods, and acts engaged in or approved by a significant
portion of the electrical utility industry prior thereto, known
at the time, the decision was made, would have been
Act No.

approved by a significant
portion of the electrical utility industry prior thereto, known
at the time, the decision was made, would have been
Act No.

11
of 2019
Act No. 11
of 2019
350 No. 12 of 2019] Energy Regulation

11
of 2019
Act No. 11
of 2019
350 No. 12 of 2019] Energy Regulation

expected to accomplish the desired result at the lowest
reasonable cost consistent with reliability, safety, and
expedition;
“ relative ” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“ renewable energy ” means energy that is derived from natural
sources that are replenished constantly;
“ repealed Act ” means the Energy Regulation Board Act,
1995;
“ tariff ” means the unit price relating to the production, supply
and distribution of energy to any consumer;
“ Vice-Chairperson ” means the person elected as Vice-
Chairperson under section 5;
“ Zambia Bureau of Standards ” means the Zambia Bureau
of Standards established under the Standards Act, 2017;
and
“ Zambia Environmental Management Agency ” means the
Zambia Environmental Management Agency established
under the Environmental Management Act, 2011. PART II
THE ENERGY REGULATION BOARD
3. (1) The Energy Regulation Board established under the
repealed Act shall continue to exist as if established under this Act.

NERGY REGULATION BOARD
3. (1) The Energy Regulation Board established under the
repealed Act shall continue to exist as if established under this Act.

(2) The Energy Regulation Board is a body corporate with
perpetual succession and a common seal, capable of suing and
being sued in its corporate name and with power, subject to the
provisions of this Act, to do acts and things that a body corporate
may, by law, do or perform. (3) The First Schedule applies to the Energy Regulation
Board
4. The functions of the Energy Regulation Board are to—
(a) issue licences under this Act;
(b) in collaboration with the Competition and Consumer
Protection Commission—
(i) investigate and monitor the levels and structures
of competition within the energy sector with a
view of promoting competition and accessibility
to a licensee or enterprise complying with the
basic requirement for operating as a business
in the Republic; and
Act No. 3 of
2012
Continuation
of Energy
Regulation
Board
Functions of
Energy
Regulation
Board
Act No. 12 of
2011
Act No. 4 of
2017
Cap. 436
Energy Regulation [No. 12 of 2019 351

on
of Energy
Regulation
Board
Functions of
Energy
Regulation
Board
Act No. 12 of
2011
Act No. 4 of
2017
Cap. 436
Energy Regulation [No. 12 of 2019 351

(ii) develop and implement appropriate rules to
promote competition in the energy sector;
(c) monitor, in collaboration with any other relevant
regulatory body, the efficiency and performance of a
licensee and an enterprise, having regard to the purposes
for which the licensee and the enterprise were licensed
or established;
(d) disseminate information and promote the participation
of the public in the provision of energy services;
(e) receive, investigate and determine complaints from
consumers on—
(i) tariffs and charges provided by a licensee;
(ii) quality of energy products and services provided
by a licensee; or
(iii) its own initiative concerning the location or
construction of an energy facility or an
installation or the carrying out of any works by
a licensee;
(f) approve the location and construction of a common carrier
or an energy facility or installation or the carrying out of
any works by a licensee or enterprise and regulate that
location and construction by attaching terms and
conditions to the licence or a permit held by a licensee
and enterprise under this Act or any other applicable
written law;
(g) stipulate conditions relating to the location, installation
or construction of a common carrier, or an energy facility
or an installation;
(h) in collaboration with the Zambia Bureau of Standards,
design standards with regard to the quality, safety and
reliability of the supply of energy;
(i) in collaboration with the Zambia Environmental
Management Agency, formulate measures to minimise
the environmental impact of activities carried out in the
energy sector;
(j) determine, regulate and review charges and tariffs in
the energy sector;
352 No.

ironmental impact of activities carried out in the
energy sector;
(j) determine, regulate and review charges and tariffs in
the energy sector;
352 No.

12 of 2019] Energy Regulation

12 of 2019] Energy Regulation

(k) approve, review and regulate power purchase
agreements and power supply agreements;
(l) subject to the Compulsory Standards Act, 2017, and the
Standards Act, 2017 establish performance standards
and monitor the attainment of performance standards
by licensees and enterprises in the energy sector;
(m) develop operating procedures, codes of practice,
guidelines for incentive-based regulation and
specifications;
(n) initiate, conduct and promote research surveys, studies,
training and investigations in the energy sector;
(o) promote, development and the use of new and
appropriate technologies in the energy sector;
(p) develop an enforcement manual to regulate non-
compliance in the energy sector;
(q) make recommendations to the Minister on various issues
in the energy sector;
(r) conduct any inquiry and investigation connected with
any activities under this Act;
(s) make orders and enforce performance compliance as
provided under this Act to the extent applicable;
(t) issue directives to licensees from time to time in relation
to the licensed activity;
(u) impose an administrative penalty against a licensee for
violation of licence conditions under a licence held by
the licensee, or for failure to abide by the directives
issued under this Act or any other relevant written law;
and
(v) order immediate closure of energy facilities that are
operating in contravention with this Act with respect to
the safety and health of persons or consumers.

mmediate closure of energy facilities that are
operating in contravention with this Act with respect to
the safety and health of persons or consumers.

5. (1) There is constituted a Board which consists of the
following seven part-time members appointed by the Minister:
(a) the Chairperson;
(b) a representative of the Engineering Institution of Zambia;
(c) a representative of the Zambia Institute of Chartered
Accountants;
Establishment
of Board
Act No. 3 of
2017
Act No. 4 of
2017
Energy Regulation [No. 12 of 2019 353

ive of the Zambia Institute of Chartered
Accountants;
Establishment
of Board
Act No. 3 of
2017
Act No. 4 of
2017
Energy Regulation [No. 12 of 2019 353

(d) a representative of the Law Association of Zambia;
(e) a representative of the Economics Association of
Zambia;
(f) a representative of the Zambia Environmental
Management Agency;
(g) one person with relevant knowledge and experience in
matters relating to this Act. (2) The members shall elect the Vice-Chairperson from among
themselves. (3) The institutions or organisations referred to in subsection
(1) shall nominate their representatives for appointment by the
Minister. (4) A person shall not be appointed as a member of the Board
if that person—
(a) is not a citizen;
(b) is an undischarged bankrupt;
(c) is legally disqualified from performing the functions of a
member;
(d) is convicted of an offence under this Act or any other
law and sentenced to a term of imprisonment exceeding
six months without the option of a fine; or
(e) holds or is elected to hold a political office. 6. (1) Subject to the other provisions of this Act, the Board
shall provide strategic policy direction to the Energy Regulation
Board.

litical office. 6. (1) Subject to the other provisions of this Act, the Board
shall provide strategic policy direction to the Energy Regulation
Board.

(2) Despite the generality of subsection (1), the functions of
the Board are to—
(a) approve the annual budget estimates and financial
statements of the Energy Regulation Board;
(b) approve the annual work plan and activity reports of
the Energy Regulation Board;
(c) promote effective corporate governance of the Energy
Regulation Board; and
(d) formulate the policies, programmes and strategies of
the Energy Regulation Board. Functions of
Board
354 No. 12 of 2019] Energy Regulation

rd; and
(d) formulate the policies, programmes and strategies of
the Energy Regulation Board. Functions of
Board
354 No. 12 of 2019] Energy Regulation

7. (1) The Board may, subject to any conditions imposed and
guidelines issued by the Board, delegate any of its functions to the
Director -General. (2) The Minister may give to the Board general or specific
directions, which are consistent with the provisions of this Act,
relating to the performance of its functions and the Board shall
give effect to those directions. 8. (1) The Board shall appoint a Director-General who shall
be—
(a) the Chief Executive officer of the Energy Regulation
Board; and
(b) responsible for the day-to-day administration of the
Energy Regulation Board. (2) The Director-General shall be an ex officio member of
the Board. (3) The Board shall appoint the Secretary who shall perform
corporate secretarial duties for the Board and other functions as
the Energy Regulation Board may determine, under the direction
of the Board and the Director-General. (4) The Board shall appoint inspectors and other staff of the
Energy Regulation Board that the Energy Regulation Board
considers necessary for the performance of its functions.

t inspectors and other staff of the
Energy Regulation Board that the Energy Regulation Board
considers necessary for the performance of its functions.

(5) The Emoluments Commission shall, on the recommendation
of the Board, determine the emoluments of the Director-General,
Secretary, inspectors and other staff of the Energy Regulation
Board. (6) The Board shall determine the terms and conditions of
service, other than emoluments, of the Director-General, Secretary,
inspectors and other staff of the Energy Regulation Board. PART III
LICENCES
9. (1) The Energy Regulation Board shall operate a single
licensing system for the energy sector in accordance with the
Business Regulatory Act, 2014. (2) Where a licence is obtained in accordance with subsection
(1), the Energy Regulation Board shall endorse on the licence—
Delegation
of functions
Director-
General,
Secretary and
other staff
Single licensing
system
Act No. 3 of
2014
Energy Regulation [No. 12 of 2019 355

—
Delegation
of functions
Director-
General,
Secretary and
other staff
Single licensing
system
Act No. 3 of
2014
Energy Regulation [No. 12 of 2019 355

(a) the name of the licence;
(b) the nature and scope of the activity authorised under
the licence;
(c) the conditions attached to the licence; and
(d) any other relevant information that the Business
Regulatory Review Agency may request to be so
endorsed. 10. (1) A person shall not establish or operate an enterprise
without a licence issued under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. 11. Subject to the Environmental Management Act, 2011, a
person who intends to establish or operate an enterprise or carry
out a licensed activity shall apply to the Energy Regulation Board
for a licence in the prescribed manner and form, on payment of the
prescribed fee. 12. (1) Subject to subsection (2), the Energy Regulation Board
shall, within sixty days of receipt of a complete application under
section 11, grant or reject the application and inform the applicant
of the decision of the Energy Regulation Board.

t of a complete application under
section 11, grant or reject the application and inform the applicant
of the decision of the Energy Regulation Board.

(2) Where the Energy Regulation Board fails to inform the
applicant of its decision on an application for a licence, within the
period specified in subsection (1), the application shall be deemed
to have been granted. (3) The Energy Regulation Board shall, where it intends to
grant an application under this section, publish a notice in the Gazette
of its intention to grant a licence. 13. The Energy Regulation Board may, where the applicant
meets the requirements of this Act, issue a provisional licence
authorising the applicant to establish or operate an enterprise in
accordance with this Act, for a specified period and on conditions
that may be attached to the provisional licence. 14.

sh or operate an enterprise in
accordance with this Act, for a specified period and on conditions
that may be attached to the provisional licence. 14.

(1) The Energy Regulation Board may, after due
consideration refuse to grant a licence on the ground that the
applicant—
(a) has not provided the Energy Regulation Board with
information relating to the applicant or any person
employed by or associated with the applicant, or any
other information required as prescribed;
Prohibition
of
establishing
or operating
enterprise
without
licence
Application
for licence
Consideration
and grant of
licence
Provisional
licence
Conditions
for refusal
to grant
licence
Act No. 12
of 2011
356 No. 12 of 2019] Energy Regulation

onsideration
and grant of
licence
Provisional
licence
Conditions
for refusal
to grant
licence
Act No. 12
of 2011
356 No. 12 of 2019] Energy Regulation

(b) may be incapable of performing the activities to which
the licence relates;
(c) is an undischarged bankrupt;
(d) or any person employed by, or associated with, the
applicant for the purposes of an activity to which the
licence relates, has been convicted, whether in the
Republic or elsewhere, of an offence involving fraud or
dishonesty, or has been convicted of an offence under
this Act;
(e) is not a fit and proper person to be granted a licence as
prescribed; or
(f) is unable to meet minimum financial, solvency and liquidity
requirements or other criteria that may be prescribed. (2) Where the Energy Regulation Board refuses to grant a
licence in accordance with this section, it shall notify the applicant,
stating the reasons for the refusal. 15. (1) A licence, granted in accordance with section 12, shall
remain valid unless earlier revoked or cancelled by the Energy
Regulation Board or surrendered by the licensee. (2) A licence shall be granted subject to the payment of the
prescribed fee and conditions of the licence and any provision of
this Act.

the licensee. (2) A licence shall be granted subject to the payment of the
prescribed fee and conditions of the licence and any provision of
this Act.

(3) Despite subsection (2), the conditions of a licence shall
include conditions requiring the payment to the Energy Regulation
Board of an annual licence fee not exceeding zero point eight per
centum of the annual gross turnover of the licensee. (4) A licence granted in accordance with section 12 shall not
be transferred, assigned or encumbered in any manner without
prior approval of the Energy Regulation Board. (5) The Energy Regulation Board may impose additional
conditions on a licence that the Energy Regulation Board considers
appropriate for the enforcement of the requirements of this Act
and any other relevant written law. 16. (1) The Energy Regulation Board may vary the conditions
of a licence, granted in accordance with this Act, after due
investigations of the activities of the licensee. (2) The Energy Regulation Board shall, before varying the
terms and conditions of the licence under this section, give notice
in writing, to the licensee of the Energy Regulation Board’s decision. Validity,
terms and
conditions of
licence
Variation of
conditions of
licence
Energy Regulation [No. 12 of 2019 357

Energy Regulation Board’s decision. Validity,
terms and
conditions of
licence
Variation of
conditions of
licence
Energy Regulation [No. 12 of 2019 357

(3) The Energy Regulation Board may approve the
amendment of a licence to accommodate any variations requested
by the licensee. (4) The Energy Regulation Board shall, on varying the
licence, notify the licensee of the variation, in writing, and the
notice shall state the effective date of the variation. 17. (1) A licensee that intends to surrender a licence shall
notify the Energy Regulation Board, in writing in the prescribed
manner and form of its intention to do so. (2) A licensee shall agree with the Energy Regulation Board
on the terms and conditions with respect to a surrender of a licence,
with particular reference to any benefit obtained or liability incurred
due to the licence or the requirements of any other relevant written
law. (3) Where a licence is surrendered in accordance with
subsection (1), and the Energy Regulation Board is satisfied that
the liabilities are or shall be satisfied and the requirements of the
Companies Act, 2017 or the Corporate Insolvency Act, 2017,
where applicable have or shall be compiled with, the Energy
Regulation Board shall cancel the licence. 18.

2017 or the Corporate Insolvency Act, 2017,
where applicable have or shall be compiled with, the Energy
Regulation Board shall cancel the licence. 18.

(1) Subject to section 15(4), a licensee shall apply to the
Energy Regulation Board for a transfer, pledge, assignment or
encumbrance of a licence, in the event of a corporate restructuring
transaction in the prescribed manner and form, on payment of the
prescribed fee. (2) The Energy Regulation Board may, within thirty days of
receipt of an application made in accordance with subsection (1)—
(a) approve the application on the terms and conditions as
the Energy Regulation Board may determine; or
(b) reject the application and give reasons for the rejection. 19. (1) Subject to this Act or any other written law, the
Energy Regulation Board may suspend or revoke a licence if the
licensee—
(a) obtained the licence on the basis of fraud, false
information or statement or misrepresentation;
(b) fails to comply with a term or condition of the licence;
(c) enters into receivership or liquidation or takes up an
action for voluntary winding up or dissolution;
Surrender of
licence
Transfer,
ceding,
pledge,
assignment,
disposal or
encumbrance
of licence
Suspension
or revocation
of licence
Act No. 10 of
2017
Act No. 9 of
2017
358 No. 12 of 2019] Energy Regulation

ent,
disposal or
encumbrance
of licence
Suspension
or revocation
of licence
Act No. 10 of
2017
Act No. 9 of
2017
358 No. 12 of 2019] Energy Regulation

(d) is the subject of an order that is made by a court for
compulsory winding up or dissolution; or
(e) has ceased to fulfil the eligibility requirement under this
Act. (2) In addition to subsection (1), the Energy Regulation Board
may, in the public interest, suspend or revoke a licence. (3) The Energy Regulation Board shall, before suspending or
revoking a licence in accordance with subsection (1), notify the
licensee of its intention to suspend or revoke the licence and shall -
(a) give reasons for the intended suspension or revocation;
and
(b) require the holder to show cause, within a period of not
more than thirty days, why the licence should not be
suspended or revoked. (4) The Energy Regulation Board shall not suspend or revoke
a licence under this section if the licensee takes remedial measures
to the satisfaction of the Energy Regulation Board within the period
referred to in subsection (3). (5) The Energy Regulation Board shall, in making its final
determination on the suspension or revocation of a licence, consider
the submissions made by the licensee under subsection (3).

l, in making its final
determination on the suspension or revocation of a licence, consider
the submissions made by the licensee under subsection (3).

(6) The Energy Regulation Board may suspend or revoke a
licence if the holder after being notified under subsection (3) fails
to show cause or does not take any remedial measures, to the
satisfaction of the Energy Regulation Board, within the time
specified in that subsection. (7) Where a licence is revoked in accordance with this section,
the licensee shall surrender that licence, subject to the conditions
that the Energy Regulation Board may impose with respect to the
winding up of the licensed activity or business. (8) The Energy Regulation Board shall, where it suspends or
revokes a licence under this section, publish the suspension or
cancellation, as the case may be, in a daily newspaper of general
circulation in the Republic. 20. (1) A licensee may, not less than three months before the
expiry of a licence, apply to the Energy Regulation Board for the
renewal of the licence in the prescribed manner and form, on
payment of the prescribed fee. Renewal of
licence
Energy Regulation [No. 12 of 2019 359

e
renewal of the licence in the prescribed manner and form, on
payment of the prescribed fee. Renewal of
licence
Energy Regulation [No. 12 of 2019 359

(2) The Energy Regulation Board shall, within thirty days of
receipt of the application under subsection (1) approve or reject
the application. (3) The Energy Regulation Board shall, where it rejects an
application for renewal under subsection (2) inform the applicant,
giving reasons for the rejection. 21. (1) The Energy Regulation Board shall cause to be kept a
register of licences in the prescribed form. (2) The register shall be kept by the Secretary at the offices
of the Energy Regulation Board, and shall be open for inspection
by members of the public during office hours on payment of a fee
that the Energy Regulation Board may determine. (3) The Director-General may, on an application by a person,
issue to the person a certified extract from the applicable register
or a copy of a licence issued to a licensee in accordance with this
Act on payment of a fee that the Energy Regulation Board may
determine. 22. A person who intends to construct an energy facility,
installation or common carrier shall, prior to the issuance of a licence
under the Act, apply for a permit in the prescribed manner and
form. PART IV
INSPECTORATE
23.

common carrier shall, prior to the issuance of a licence
under the Act, apply for a permit in the prescribed manner and
form. PART IV
INSPECTORATE
23.

(1) The Energy Regulation Board may, appoint a suitably
qualified person to be an inspector for the purposes of ensuring
compliance with this Act. (2) The Energy Regulation Board shall issue an inspector
with an identification card and a certificate of appointment in the
prescribed form which shall be prima facie evidence of the
inspector’s appointment. 24. (1) An inspector may, for the purpose of enforcing the
provisions of this Act, at any reasonable time and without notice—
(a) enter and inspect the licensed premises;
(b) inspect equipment and supplies in or about the licensed
premises;
Register of
licences
Permit
Inspectors
Powers of
Inspectors
360 No. 12 of 2019] Energy Regulation

ment and supplies in or about the licensed
premises;
Register of
licences
Permit
Inspectors
Powers of
Inspectors
360 No. 12 of 2019] Energy Regulation

(c) have access to and inspect, examine and audit
documents, books and records, of the licensee
representing the gross revenue produced by the licensee
under the licence;
(d) remove a document, book, record or other document
which an inspector believes may afford evidence of an
offence under this Act;
(e) require from a person whose in control of the premises
an explanation of any record or entry in the document,
book, record or other document;
(f) make copies of, extracts from, a document, book, record
or other document relating to the licensed activity on
any premises that has a bearing on an investigation; and
(g) remove from the licensed premises any equipment,
commodity or product used in contravention of this Act. (2) An inspector may perform an inspection for the purposes
of ensuring a licensee’s compliance with that licensee’s obligations
in relation to an activity. (3) A licensee shall afford an inspector access to any record
or document for purposes of an inspection and produce to the
inspector, a record or document that the inspector may require.

ctor access to any record
or document for purposes of an inspection and produce to the
inspector, a record or document that the inspector may require.

(4) An inspector shall exercise the power under subsection
(1)(a) in relation to a private dwelling house or any land or building
occupied as a private dwelling, during the day with a warrant. (5) An inspector who removes an article, document, record,
book or any other thing from any premises under subsection (1),
shall—
(a) issue a receipt for the article, document, record, book
or any other thing to the owner or person in control of
the premises; and
(b) return the article, document, record, book or any other
document as soon as practicable after achieving the
purpose for which it was removed. 25. (1) An inspector may arrest a person, without a warrant,
where the inspector has reasonable grounds to believe that the
person—
(a) has committed an offence under this Act;
(b) is about to commit an offence under this Act and there
is no other way to prevent the commission of the
offence; or
Arrest without
warrant
Energy Regulation [No. 12 of 2019 361

nce under this Act and there
is no other way to prevent the commission of the
offence; or
Arrest without
warrant
Energy Regulation [No. 12 of 2019 361

(c) is willfully obstructing an inspector in the execution of
the inspector’s duties. (2) An inspector who makes an arrest under subsection (1)
shall, without undue delay, have the person arrested brought to a
police station. 26. A law enforcement officer may seize and detain property
which the inspector has reason to believe was used to commit an
offence under this Act until an order of the court is made regarding
the disposal thereof. 27. (1) A law enforcement officer shall, where a person from
whom an article or other property has been seized under section
26 is found not guilty or the proceedings against that person are
withdrawn—
(a) without unnecessary delay, restore the article or property
to that person; or
(b) where the enforcement authority is satisfied that the
person cannot be found or is unwilling to receive back
the article or property, apply to the court for an order of
forfeiture of the article or property.

son cannot be found or is unwilling to receive back
the article or property, apply to the court for an order of
forfeiture of the article or property.

(2) The court shall make an order of forfeiture under
subsection (1) if —
(a) the law enforcement officer has given notice, by
publication in the Gazette and in one daily newspaper
of general circulation in the Republic, to the effect that
the article or property which has been seized under this
Act shall vest in the State if it is not claimed within
three months from the date of publication of the notice;
and
(b) three months after the giving of the notice under paragraph
(a), the article or property remains unclaimed. (3) Where a claim is made, in writing, by any person that is
lawfully entitled to the article or property seized under this Act that
the article or property is not liable to forfeiture under this Act, the
law enforcement officer may order the release of the article or
property to the claimant if satisfied that there is no dispute
concerning the ownership of the article or property and that it is
not liable to forfeiture. Seizure of
property
Restoration
of property
362 No. 12 of 2019] Energy Regulation

of the article or property and that it is
not liable to forfeiture. Seizure of
property
Restoration
of property
362 No. 12 of 2019] Energy Regulation

(4) A law enforcement officer shall refer a claim to the court
where a claim of ownership is made in relation to the article or
property seized under this act and the law enforcement officer
finds that—
(a) there is dispute regarding the ownership of the article
or property;
(b) there is insufficient evidence to determine the ownership
of the article or property; or
(c) an enforcement authority is unable to ascertain whether
the article or property is liable to forfeiture or not. 28. The Director of Public Prosecutions may at the request
of the Energy Regulation Board appoint by name or rank an
inspector or officer to undertake prosecution of offences alleged
to have been committed by any person in contravention of this Act. 29. (1) The Energy Regulation Board may, by notice in the
Gazette, on the terms and conditions that it may determine, appoint
any suitable person as an honorary inspector for a period not
exceeding three years, and may renew such appointment for a
further three years. (2) The Energy Regulation Board may, by notice in the Gazette,
revoke or renew any appointment made under subsection (1).

t for a
further three years. (2) The Energy Regulation Board may, by notice in the Gazette,
revoke or renew any appointment made under subsection (1).

(3) The appointment of an honorary inspector may be—
(a) general, to empower the honorary inspector to act in
any area of the Republic; or
(b) limited, to empower the honorary inspector to act in
such area of the Republic as may be specified in the
instrument of appointment. (4) Subject to the other provisions of this Act and to the terms
of the instrument of appointment, an honorary inspector shall, within
the terms of the appointment, exercise the functions and perform
the duties of an inspector. PART V
CONSUMER AFFAIRS
30. (1) The Energy Regulation Board may establish in any part
of the Republic, on its own or in conjunction with any other body,
consumer councils on terms and conditions that it may determine. Appointment
of
prosecutors
Honorary
inspector
Consumer
councils
Energy Regulation [No. 12 of 2019 363

s on terms and conditions that it may determine. Appointment
of
prosecutors
Honorary
inspector
Consumer
councils
Energy Regulation [No. 12 of 2019 363

(2) A consumer council shall, subject to the control and direction
of the Energy Regulation Board, be responsible for the receipt,
investigation and resolution of complaints received on behalf of the
Energy Regulation Board. (3) A consumer council shall, where it fails to resolve a
consumer complaint, refer the matter to the Energy Regulation
Board for consideration and determination. 31. Subject to the provision of the Standards Act, a licensee
engaged in activities in the energy sector shall—
(a) meet the minimum standards relating to quality of goods
and services as may be specified or published by the
Energy Regulation Board; and
(b) address consumer complaints in accordance with the
guidelines issued by the Energy Regulation Board under
this Act. 32. (1) The Energy Regulation Board shall establish
guidelines for the submission, receipt and handling of complaints of
consumers regarding the provision of products and services regulated
under this Act.

delines for the submission, receipt and handling of complaints of
consumers regarding the provision of products and services regulated
under this Act.

(2) The guidelines issued by the Energy Regulation Board
under subsection (1) may include the procedure for—
(a) meeting consumers’ needs and requirements;
(b) relating to compensation of consumers in the event of a
breach of a licence condition;
(c) the provision of information to consumers regarding
services, tariffs, charges and performance of the
licensee;
(d) consumer connection, charging and billing; and
(e) any other matter relating to the provision of products
and services under this Act. (3) The Energy Regulation Board may resolve complaints from
consumers relating to various matters including—
(a) the provision of goods and services by a licensee;
(b) consumer protection; and
(c) the failure by a licensee to comply with consumer
protection guidelines issued by the Energy Regulation
Board under this Act. Quality of
goods and
services Act
No. 4 of
2017
Guidelines
for handling
complaints
364 No. 12 of 2019] Energy Regulation

ulation
Board under this Act. Quality of
goods and
services Act
No. 4 of
2017
Guidelines
for handling
complaints
364 No. 12 of 2019] Energy Regulation

PART VI
OBJECTIONS AND APPEALS
33. (1) A person may lodge with the Energy Regulation Board
an objection to the intention to grant a licence within fourteen days
of the date of the publication of the notice of intention to grant the
licence in the prescribed manner and form. (2) An objection may be accompanied by written submissions
and evidence in support of the objection. (3) The Energy Regulation Board shall, where an objection
and any supporting documentation, is not lodged within the period
specified in the notice referred to under subsection (1), reject the
objection. (4) The Energy Regulation Board shall furnish the applicant
for the licence with particulars of any objection made to the grant
of a licence within seven days of receipt of the objection, and the
applicant may, within fourteen days of receipt of the objection submit
to the Energy Regulation Board a reply to the objection. 34. A person who is aggrieved with any decision of the Energy
Regulation Board may appeal to the Minister within thirty days of
decision in the prescribed manner and form. 35.

eved with any decision of the Energy
Regulation Board may appeal to the Minister within thirty days of
decision in the prescribed manner and form. 35.

(1) Subject to subsection (2), the Minister shall, within seven
days of receipt of an appeal in accordance with section 34, appoint
and convene an ad hoc appeals tribunal consisting of
(a) a Chairperson, who shall be a legal practitioner of not
less than ten years legal experience; and
(b) four other members who shall be experts, having
qualifications and experience of not less than ten years
in matters relevant to the subject of the appeal. (2) If an appeal is dismissed, the Tribunal may order the
appellant to pay to the Energy Regulation Board the costs incurred
by the Energy Regulation Board in connection with the appeal. (3) If an appeal is allowed, the Tribunal may order the Energy
Regulation Board to pay to the appellant the costs incurred by the
appellant in connection with the appeal. (4) The Tribunal shall, within fourteen days of determining an
appeal, inform the appellant and the Energy Regulation Board of
its decision, stating the reasons thereof. Objection to
licence
application
Appeal from
decision of
Energy
Regulation
Board
Appeals
Tribunal
Energy Regulation [No. 12 of 2019 365

asons thereof. Objection to
licence
application
Appeal from
decision of
Energy
Regulation
Board
Appeals
Tribunal
Energy Regulation [No. 12 of 2019 365

36. (1) The functions of the Tribunal are to—
(a) hear appeals made to it under this Act; and
(b) perform other functions that are assigned to it under
this Act or any other written law. (2) The Tribunal may—
(a) order the parties or either of them to produce to the
Tribunal information that the Tribunal considers necessary
for purposes of the proceedings; or
(b) take any other course which may lead to the just, speedy
and inexpensive settlement of any matter before the
Tribunal. (3) The Tribunal may summon witnesses, call for the production
of, or inspection of, books, documents and other things, and examine
witnesses on oath, and for those purposes, the Chairperson is
authorised to administer oaths. (4) A summons for the attendance of any witness or the
production of any book, document or other thing shall be signed by
the Chairperson and served in the prescribed manner. 37. The Ministry responsible for energy shall provide the
necessary secretarial and accounting services to the Tribunal to
perform its functions under this Act. 38. (1) Three members of the Tribunal shall form a quorum.

ecretarial and accounting services to the Tribunal to
perform its functions under this Act. 38. (1) Three members of the Tribunal shall form a quorum.

(2) Any question at a sitting or meeting of the Tribunal shall be
decided by a majority of the votes of the members of the Tribunal
at the sitting or meeting and in the event of an equality of votes, the
person presiding at the sitting or meeting shall have a casting vote
in addition to that person’s deliberative vote. (3) A party to a hearing of the Tribunal may be represented by
a legal practitioner or, if the party so elects, by any other person or
in person. (4) A decision of the Tribunal shall be in the form of a reasoned
judgment and a copy thereof shall be supplied to each party to the
proceedings and to every person affected by the decision. (5) If a person is present at a meeting of the Tribunal at which
any matter is the subject of consideration, and in which matter the
person or that person’s spouse is directly or indirectly interested in
a private capacity, that person shall, as soon as is practicable after
the commencement of the meeting, disclose the interest and shall
Functions of
Tribunal
Secretariat of
Tribunal
Proceedings
of Tribunal
366 No. 12 of 2019] Energy Regulation

e meeting, disclose the interest and shall
Functions of
Tribunal
Secretariat of
Tribunal
Proceedings
of Tribunal
366 No. 12 of 2019] Energy Regulation

not, unless the Tribunal otherwise directs, take part in any
consideration or discussion of, or vote on, any question relating to
that matter. (6) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made. (7) The Tribunal may, for the purpose of any proceedings, use
assessors or experts that the Tribunal may determine. (8) The Tribunal shall cause to be kept a record of its
proceedings. 39. (1) The Tribunal may make an order as to costs as it may
consider just having regard to the merits of the matter. (2) Subject to subsection (1), the costs and charges in
connection with proceedings before the Tribunal shall be the costs
reasonably incurred by the person in connection with the
proceedings or part of those costs that is determined by the Tribunal. 40. A person aggrieved with a decision of the Tribunal may
appeal to the High Court within thirty days of the determination. 41. There shall be paid to the members and the secretariat of
the Tribunal allowances that the Emoluments Comission may, on
the recommendation of the Minister, determine. 42.

to the members and the secretariat of
the Tribunal allowances that the Emoluments Comission may, on
the recommendation of the Minister, determine. 42.

(1) The Chief Justice may, by statutory instrument, make
rules relating to—
(a) the manner and form for lodging of appeals under this
Part;
(b) the mode of summoning persons before the Tribunal;
(c) the form and manner of service of a summons requiring
the attendance of a witness before the Tribunal and the
production of any book, record, document or thing;
(d) the procedure to be followed and rules of evidence to
be observed in proceedings before the Tribunal; and
(e) the functions of the assessors and experts to the Tribunal. (2) Rules made under this section may, in particular, provide -
(a) that before any matters are referred to the Tribunal, the
Tribunal shall, in a manner that may be provided by the
rules, have been brought before and investigated by the
Commission in this respect;
Costs
Appeal from
decision of
Tribunal
Allowances
of members
and
secretariat
Rules
Energy Regulation [No. 12 of 2019 367

e
Commission in this respect;
Costs
Appeal from
decision of
Tribunal
Allowances
of members
and
secretariat
Rules
Energy Regulation [No. 12 of 2019 367

(b) for securing notices for the proceedings and specifying
the time and manner of the proceedings; and
(c) for securing that any party to the proceedings shall, if
that person requires, be entitled to be heard by the
Tribunal. PART VII
THE ENERGY FUND
43. (1) There is established the Energy Fund for the purposes
of—
(a) ensuring stability of supply in the energy sector;
(b) the development of the energy sector;
(c) ensuring the availability of strategic reserves; or
(d) any other purposes as may be prescribed. (2) The Fund consists of monies that may—
(a) be appropriated to the Energy Regulation Board by
Parliament for the purpose of the Fund;
(b) by or under any other law, be payable to the Fund;
(c) vest or accrue to the Fund; and
(d) subject to the approval of the Minister responsible for
finance be paid to the Energy Regulation Board from
any levy which may be imposed and collected for the
purposes of subsection (1).

er responsible for
finance be paid to the Energy Regulation Board from
any levy which may be imposed and collected for the
purposes of subsection (1).

(3) Subject to the approval of the Minister, the Energy
Regulation Board may—
(a) accept monies by way of grants or donations from a
source within or outside Zambia;
(b) raise by way of loans or otherwise, the monies that it
may require for the discharge of its functions; and
(c) charge and collect fees for services provided by the
Energy Regulation Board. 44. (1) The Minister may, by statutory instrument, on the
recommendation of the Energy Regulation Board, make regulations
to provide for —
(a) the administration and management of the Fund;
Establishment
of Fund
Administration
of Fund and
accounts
368 No. 12 of 2019] Energy Regulation

r —
(a) the administration and management of the Fund;
Establishment
of Fund
Administration
of Fund and
accounts
368 No. 12 of 2019] Energy Regulation

(b) the activities that the Fund shall finance and the manner
of financing the activities; and
(c) any other matter necessary for the efficient operation,
administration and management of the Fund. (2) The Minister shall ensure that prudent controls are established
for the Fund relating to—
(a) fiscal controls and accounting procedures governing the
Fund;
(b) reporting procedures for matters relating to the Fund;
and
(c) investment of the monies of the Fund. (3) The Board shall cause to be kept proper books of accounts
and other records relating to the accounts of the Fund. (4) The Fund shall be audited annually by the Auditor-General
or an auditor appointed by the Auditor-General. (5) The Board may order any other audit in addition to the
annual audit specified under subsection (4). (6) The Auditor’s fees shall be paid by the Energy Regulation
Board. 45. (1) As soon as practicable, but not later than ninety
days after the end of the financial year, the Energy Regulation
Board shall submit to the Minister a report concerning the activities
relating to the Fund during the financial year.

cial year, the Energy Regulation
Board shall submit to the Minister a report concerning the activities
relating to the Fund during the financial year.

(2) The report referred to in subsection (1) shall include
information on the financial affairs relating to the Fund and there
shall be appended to the report-
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income; and
(c) such other information as the Minister may require. (3) The Minister shall, not later than seven days after the first
sitting of the National Assembly next afer receipt of the report
referred to in subsection (2), lay the report before the National
Assembly. Annual
report
Energy Regulation [No. 12 of 2019 369

receipt of the report
referred to in subsection (2), lay the report before the National
Assembly. Annual
report
Energy Regulation [No. 12 of 2019 369

PART VIII
General Provisions
46. (1) The Energy Regulation Board may, in the exercise of
the Energy Regulation Board’s functions under this Act, issue
guidelines as are necessary for the better carrying out of the
provisions of this Act. (2) The Energy Regulation Board shall publish the guidelines
issued under this Act in the Gazette and any other electronic media
that the Energy Regulation Board may determine. (3) The guidelines shall take effect on the date of publication
and shall bind all persons licensed under this Act. 47.

egulation Board may determine. (3) The guidelines shall take effect on the date of publication
and shall bind all persons licensed under this Act. 47.

(1) Any notice or other documents required or authorised
to be served under this Act may be given—
(a) by delivering it to the person to whom it is directed;
(b) by leaving it at the usual or last known place of abode
of that person, except that if there is no person on the
premises to whom it can be delivered, by affixing it, or
a copy of it to some conspicuous part of the premises;
(c) by sending it in a pre-paid registered letter addressed to
that person at the person’s usual or last known place of
residence, place of business or postal address; and
(d) in the case of a company, by delivering it to the person
in charge of the premises or to the person determined to
be responsible, to take appropriate corrective action in
order to comply with this Act, or any directives issued
by this Act, or any other law administered by the Energy
Regulation Board. 48. (1) A person shall not knowingly—
(a) tamper with the quality of petroleum products;
(b) conduct petroleum product business without safety
equipment; or
(c) sell or convey, or store petroleum or petroleum products
in unauthorised premises or an authorised facility.

business without safety
equipment; or
(c) sell or convey, or store petroleum or petroleum products
in unauthorised premises or an authorised facility.

(2) Any person who contravenes subsection (1), commits an
offence and is liable, on conviction—
(a) in the case of an individual to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a
term not exceeding five years, or to both; and
Energy
Regulation
Board to
issue
guidelines
Prohibition
of tampering
with quality
and illegal
vending
Service of
notices
370 No. 12 of 2019] Energy Regulation

egulation
Board to
issue
guidelines
Prohibition
of tampering
with quality
and illegal
vending
Service of
notices
370 No. 12 of 2019] Energy Regulation

(b) in the case of a body corporate, to a fine not exceeding
ten percent of the annual turnover of that corporate
body or one million penalty units, whichever is higher. 49. Where an offence under this Act is committed by a body
corporate or unincorporate body, with the knowledge, consent or
connivance of a director, manager or shareholder of that body
corporate or unincorporate body, that director, manager or
shareholder is liable, on conviction, to the penalty specified for the
offence. 50. (1) The licensee shall be required to provide to the Energy
Regulation Board, information or reports concerning the licensed
activity of the licensee, financial, technical or any other information
in a manner prescribed and by a reasonable date set by the Energy
Regulation Board. (2) In this section “ information ” includes documents,
accounts, estimates, statistics, returns or reports whether or not
prepared specifically at the request of the Energy Regulation Board
of any description specified by the Energy Regulation Board.

eports whether or not
prepared specifically at the request of the Energy Regulation Board
of any description specified by the Energy Regulation Board.

(3) A licensee or person who contravenes subsection (1), is
liable to pay a fine not exceeding five hundred thousand penalty
units imposed by the Energy Regulation Board and the Energy
Regulation Board may suspend the licensee’s licence for a period
not exceeding three (3) months. (4) Late submission of information referred to in this section
shall attract a fine of not less than one hundred thousand penalty
units for each day that a licensee or a person delays in submitting
information after the request for such information has been made
by the Energy Regulation Board, in addition to the penalty stated in
subsection (2). 51.

ormation after the request for such information has been made
by the Energy Regulation Board, in addition to the penalty stated in
subsection (2). 51.

Subject to the written consent of the Director of Public
Prosecutions and where the Energy Regulation Board is satisfied
after an investigation, and a person admits that the person has
committed an offence under this Act, the Energy Regulation Board
may compound the offence by collecting from that person a sum
of money that the Energy Regulation Board considers appropriate,
but not exceeding fifty percent of the maximum amount of the fine
to which that person would have been liable on conviction, and a
person having made that payment shall not thereafter be prosecuted
in relation to the offence so compounded. Offences by
principal
officers of
body
corporate or
unincorporate
body
Information
to be
furnished to
Energy
Regulation
Board
Compounding
of certain
offence by
Energy
Regulation
Board
Energy Regulation [No. 12 of 2019 371

Information
to be
furnished to
Energy
Regulation
Board
Compounding
of certain
offence by
Energy
Regulation
Board
Energy Regulation [No. 12 of 2019 371

52. (1) Where the Energy Regulation Board is satisfied , after
due investigation, and a person admits that the person has
contravened a provision of this Act, which is not an offence, the
Energy Regulation Board may impose and administer a penalty as
prescribed. (2) If a person, on whom an administrative penalty is imposed,
in accordance with this section, fails to pay the penalty within the
time ordered by the Energy Regulation Board, the Energy
Regulation Board may recover the penalty by action in a court of
competent jurisdiction. 53. (1) The Energy Regulation Board may, where an activity
is being operated in contravention of this Act, direct the operators
of the activity, to take, within a reasonable time limited by the notice,
all necessary steps to cease operations, and to dismantle, to the
satisfaction of the Energy Regulation Board, any plant and
equipment used for the purposes of the enterprise. (2) Where a direction given under this section is not complied
with, the Energy Regulation Board by its staff or agents may enter
into the place where the enterprise is being operated and cause
the direction to be so carried out.

Regulation Board by its staff or agents may enter
into the place where the enterprise is being operated and cause
the direction to be so carried out.

(3) The costs to the Energy Regulation Board of any action
under subsection (2) are recoverable, as a debt due to the Energy
Regulation Board, in any court of competent jurisdiction. 54. (1) The Minister may, on the recommendation of the Energy
Regulation Board, by statutory instrument, make regulations for
the better carrying out of the provisions of this Act. (2) Despite the generality of subsection (1), regulations may make
provision for—
(a) the form and manner of making applications for licences
and the fees payable on that application;
(b) standards with regard to the quality, safety and reliability
of supply of energy and related installations;
(c) the maintenance of stability of supply of energy within
the Republic;
(d) the securing of safety of the public from personal injury
or damage to property arising from regulated activities
under the energy sector;
(e) reporting of and carrying inquiries into accidents
involving the operation of any licensee or associated
plant, equipment or vehicles; and
(f) the fees payable under this Act. Administrative
penalty
Direction to
cease
operation of
unlicensed
activity
Regulations
372 No. 12 of 2019] Energy Regulation

s payable under this Act. Administrative
penalty
Direction to
cease
operation of
unlicensed
activity
Regulations
372 No. 12 of 2019] Energy Regulation

(3) Subject to subsection (2), in the application of any
regulations under this section to a licensee engaged in the
generation, transmission, distribution or supply of electricity, such
regulations shall have effect subject to the provisions of the
Electricity Act, 2019, and any other relevant written law. (4) Regulations made under the provisions of this Act may
create offences in respect of any contravention of the regulations
and may for that offence impose penalties not exceeding three
hundred thousand penalty units or to imprisonment for a term of
three years, or to both. (5) The Minister may, in exercise of the powers conferred by
this section, prescribe, by statutory instrument, for different
regulations to apply to different enterprises or consumers or to
different classes of enterprises or consumers. 55. (1) The Energy Regulation Act, 1995 is repealed. (2) Despite subsection (1), the Second Schedule applies to
the savings and transitional arrangements.

(1) The Energy Regulation Act, 1995 is repealed. (2) Despite subsection (1), the Second Schedule applies to
the savings and transitional arrangements.

(3) Despite subsection (1), a person who immediately before
the commencement of this Act, held office as a member of the
Board shall hold office as a member of the Board for a period of
three months after which the Minister shall appoint the members
of the Board in accordance with the provisions of this Act. FIRST SCHEDULE
(Section 3)
ADMINISTRATION OF BOARD
PART I
THE BOARD OF THE ENERGY REGULATION BOARD
1. (1) The seal of the Energy Regulation Board shall be a
device that may be determined by the Board and shall be kept by
the Secretary. (2) The affixing of the seal shall be authenticated by the
Chairperson or Vice-Chairperson and the Secretary or any other
person authorised in that behalf by a resolution of the Board. (3) A contract or instrument which, if entered into or executed
by a person not being a body corporate, would not be required to
be under seal, may be entered into or executed without seal on
behalf of the Energy Regulation Board by the Director-General
or any other person generally or specifically authorised by the Board
in that behalf. Repeal of
Cap. 436
Seal of Board
Act No. of
2019
Energy Regulation [No. 12 of 2019 373

nerally or specifically authorised by the Board
in that behalf. Repeal of
Cap. 436
Seal of Board
Act No. of
2019
Energy Regulation [No. 12 of 2019 373

(4) A document purporting to be a document under the seal
of the Energy Regulation Board or issued on behalf of the Energy
Regulation Board shall be received in evidence and shall be deemed
to be so executed or issued, as the case may be, without further
proof, unless the contrary is proved. 2. (1) A member of the Board shall, subject to the other
provisions of this Schedule, hold office for a term of three years
and may be re appointed for a further term of three years. (2) On the expiration of the term for which a member is
appointed, the member shall continue to hold office until another
member is appointed, but in no case shall any extension of the
period exceed three months.

ted, the member shall continue to hold office until another
member is appointed, but in no case shall any extension of the
period exceed three months.

(3) The office of a member shall be vacated—
(a) on the member’s death;
(b) if the member is adjudged bankrupt;
(c) if the member is absent from three consecutive meetings
of the Board, of which the member has had notice,
without the prior approval of the Energy Regulation
Board;
(d) on the expiry of one month’s notice of the member’s
intention to resign, given by the member in writing to
the Minister;
(e) if the member becomes legally disqualified from
performing duties as a member;
(f) if the member is convicted of an offence under this Act
or any other law. (4) Where there is a vacancy in the membership of the Board
before the expiry of the term of office, the Minister shall appoint
another person to replace the member who vacates office but that
person shall only hold office for the remainder of the term. 3. (1) Subject to the other provisions of this Act, the Board
may regulate its own procedure. (2) The Board shall meet for the transaction of its business at
least once in every three months at such places and times as the
Board may determine. Tenure of
office and
vacancy of
member
Proceedings
of Board
374 No. 12 of 2019] Energy Regulation

at such places and times as the
Board may determine. Tenure of
office and
vacancy of
member
Proceedings
of Board
374 No. 12 of 2019] Energy Regulation

(3) On giving notice of not less than fourteen days, a meeting
of the Board may be called by the Chairperson and shall be called
if not less than one-third of the members so request in writing
except that if the urgency of a particular matter does not permit
the giving of any notice, a special meeting may be called on giving
a shorter notice. (4) Five members of the Board shall constitute a quorum. (5) There shall preside at a meeting of the Board
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-
Chairperson; or
(c) in the absence of the Chairperson and the Vice-
Chairperson, such member of the Board as the
members present may elect from among themselves
for the purpose of that meeting. (6) A decision of the Board on any question shall be by a
majority of the members present and voting at the meeting and, in
the event of an equality of votes, the person presiding at the meeting
shall have, in addition to a deliberative vote, a casting vote. (7) The Board may invite any person whose presence, in its
opinion, is desirable to attend and participate in the deliberations of
a meeting of the Board, but that person shall have no vote.

e presence, in its
opinion, is desirable to attend and participate in the deliberations of
a meeting of the Board, but that person shall have no vote.

(8) The validity of any proceedings, act or decision of the
Board shall not be affected by any vacancy in the membership of
the Board or any defect in the appointment of any member or by
reason that any person not entitled to do so, took part in the
proceedings. (9) The Board shall cause minutes to be kept of the
proceedings of every meeting of the Board. 4. A member of the Board or any committee of the Board
thereof shall be paid allowances that may be determined by the
Emoluments Commission on recommendation from the Minister. 5. (1) A person who is present at a meeting of the Board or a
committee of the Board at which any matter, is subject of
consideration and in which that person or any member of the
person’s relative or associate is directly or indirectly interested in
a private capacity shall, as soon as practicable after the
commencement of the meeting, disclose that interest and shall not,
unless the Board or the committee otherwise directs, take part in
any consideration or discussion of, or vote on any question relating
to that matter. Allowances
Disclosure
of interest
Energy Regulation [No. 12 of 2019 375

nsideration or discussion of, or vote on any question relating
to that matter. Allowances
Disclosure
of interest
Energy Regulation [No. 12 of 2019 375

(2) A disclosure of interest made under this paragraph shall
be recorded in the minutes of the meeting at which the disclosure
is made. 6. An action or other proceedings shall not lie or be instituted
against a member of the Board, a committee of the Board or a
member of staff of the Energy Regulation Board, for or in respect
of any act or thing done or omitted to be done in good faith in the
exercise or performance, of any of the powers, functions or duties
conferred under this Act. 7. (1) The Board may, for the purposes of performing its
functions, establish committees that it considers necessary and
delegate to any of those committees any of its functions or the
functions of the Energy Regulation Board. (2) The Board may appoint as members of a committee
persons who are or are not members of the Board, except that at
least one member of the Board shall be a member of a committee. (3) Despite the generality of subparagraphs (1) and (2), the
Board may appoint special committees, composed of some
members of the Board and persons representing relevant regulatory
agencies, to perform such other regulatory functions that require
collaborative efforts with other regulatory agencies.

presenting relevant regulatory
agencies, to perform such other regulatory functions that require
collaborative efforts with other regulatory agencies.

(4) A person serving as a member of a committee shall hold
office for a period that the Board may determine. (5) Subject to any specific or general direction of the Board, a
committee may regulate its own procedure. 8. (1) A person shall not, without the consent in writing given
by, or on behalf of, the Energy Regulation Board, publish or disclose
to any person otherwise than in the course of duties, the contents
of any documents, communication, or information, which relates
to, and which has come to that person’s knowledge in the course
of duties under this Act. (2) Any person who knowingly contravenes subsection (1),
commits an offence and is liable on conviction to a fine not
exceeding ten thousand penalty units or to imprisonment for a term
not exceeding three months, or to both. Immunity
Committees
of Board
Prohibition
of
disclosure
of
information
to
unauthorised
persons
376 No. 12 of 2019] Energy Regulation

onths, or to both. Immunity
Committees
of Board
Prohibition
of
disclosure
of
information
to
unauthorised
persons
376 No. 12 of 2019] Energy Regulation

PART II
FINANCIAL PROVISIONS
9. (1) The Funds of the Energy Regulation Board shall consist
of such monies as may—
(a) be appropriated by Parliament;
(b) be paid to the Energy Regulation Board by way of grants
or donations;
(c) be derived from interest on investment made under
paragraph (4); and
(d) vest in or accrue to the Energy Regulation Board. (2) The Energy Regulation Board may—
(a) accept moneys by way of grants or donations from any
source in Zambia and, subject to the approval of the
Minister, from any source outside Zambia;
(b) subject to the Public Finance Management Act, 2018,
raise by way of loans or otherwise, moneys that the
Energy Regulation Board may require for the discharge
of the Energy Regulation Board’s functions; or
(c) in accordance with the regulations made under this Act,
charge and collect fees for services provided by the
Energy Regulation Board.

unctions; or
(c) in accordance with the regulations made under this Act,
charge and collect fees for services provided by the
Energy Regulation Board.

(3) There shall be paid from the funds of the Energy Regulation
Board—
(a) the salaries, allowances and loans of members of staff
of the Energy Regulation Board;
(b) reasonable travelling, transport and subsistence
allowances for members of the Energy Regulation
Board or members of any committee of the Energy
Regulation Board when engaged in the business of
Energy Regulation Board, at rates that the Board may,
with the approval of the Minister, determine;
(c) expenses of the Tribunal; and
(d) any other expenses incurred by the Energy Regulation
Board in the performance of the Energy Regulation
Board’s functions. Funds of
Energy
Regulation
Board
Act No. 1
of 2018
Energy Regulation [No. 12 of 2019 377

n the performance of the Energy Regulation
Board’s functions. Funds of
Energy
Regulation
Board
Act No. 1
of 2018
Energy Regulation [No. 12 of 2019 377

(4) The Energy Regulation Board may invest, in a manner
that the Energy Regulation Board does not immediately require
for the performance of the Energy Regulation Board’s functions. 10. The financial year of the Energy Regulation Board shall
be the period of twelve months ending on 31st December in each
year. 11. (1) The Energy Regulation Board shall cause to be kept
proper books of accounts and other records relating to the Energy
Regulation Board’s accounts. (2) The accounts of the Energy Regulation Board shall be
audited by the Auditor-General or by auditors appointed by the
Auditor-General. (3) The auditor’s fees shall be paid by the Energy Regulation
Board. 12. (1) As soon as practicable, but not later than ninety days
after the end of the financial year, the Energy Regulation Board
shall submit to the Minister a report concerning its activities during
the financial year.

the end of the financial year, the Energy Regulation Board
shall submit to the Minister a report concerning its activities during
the financial year.

(2) The report referred to in subparagraph (1), shall include
information on the financial affairs of the Energy Regulation Board
and there shall be appended to the report
(a) an audited balance sheet;
(b) an audited statement of financial position;
(c) an audited statement of comprehensive income; and
(d) such other information as the Minister may require. (3) The Minister shall, not later than seven days after the
first sitting of the National Assembly next after receipt of the
report referred to in subparagraph (1), lay the report before the
National Assembly. Financial
year
Accounts
Annual
report
378 No. 12 of 2019] Energy Regulation

erred to in subparagraph (1), lay the report before the
National Assembly. Financial
year
Accounts
Annual
report
378 No. 12 of 2019] Energy Regulation

SECOND SCHEDULE
(Section 88(2))
SAVINGS AND TRANSITIONAL PROVISIONS
1. In this Schedule “ former Energy Regulation Board ”
means the Energy Regulation Board established under the repealed
Act. 2. (1) For the avoidance of doubt, a person who, before the
commencement of this Act, was an officer or employee of the
former Energy Regulation Board, shall continue to be an officer
or employee of the Energy Regulation Board, as the case may be,
as if appointed or employed under this Act. (2) The service of the persons referred to in sub-paragraph
(1) shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the former Energy Regulation
Board before this Act comes into force. 3. (1) On or after this Act comes into force, there shall be
transferred to, vest in and subsist against the Energy Regulation
Board by virtue of this Act and without further assurance, all assets,
rights and obligations which immediately before that date were
the assets, rights, liabilities and obligations of the former Energy
Regulation Board.

rights and obligations which immediately before that date were
the assets, rights, liabilities and obligations of the former Energy
Regulation Board.

(2) Subject to subparagraph (1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the former Energy Regulation Board was a party immediately
before the commencement of this Act whether or not of such a
nature that rights, liabilities and obligations could be assigned, shall,
unless its subject matter or terms make it impossible that it should
have effect as modified, as provided under this paragraph, have
effect as if
(a) the Energy Regulation Board had been party to it;
(b) for any reference to the former Energy Regulation
Board there was substituted, with respect to anything
falling to be done on or after this Act comes into force,
a reference to the Energy Regulation Board; or
(c) for any reference to any officer of the former Energy
Regulation Board, not being a party to it and beneficially
interested, there were substituted, as respects anything
falling to be done on or after the commencement of
Interpretation
Staff of
Board
Transfer of
assets and
liabilities
Energy Regulation [No. 12 of 2019 379

ling to be done on or after the commencement of
Interpretation
Staff of
Board
Transfer of
assets and
liabilities
Energy Regulation [No. 12 of 2019 379

this Act, a reference to such officer of the Energy
Regulation Board as the Energy Regulation Board shall
designate. (3) Where under this Act, any assets, rights,liabilities and
obligations of the former Energy Regulation Board are deemed to
be transferred to the Energy Regulation Board in respect of which
transfer a written law provides for registration, the Energy
Regulation Board shall make an application in writing to the
appropriate registration authority for registration of the transfer. (4) The registration authority, referred to in subparagraph
(3), shall make such entries in the appropriate register as shall
give effect to the transfer and, where applicable, issue to the
transferee concerned a certificate of title in respect of the property
or make necessary amendments to the register and shall endorse
the deeds relating to the title, right or obligation concerned and no
registration fees or other duties shall be payable in respect of the
transaction.

he deeds relating to the title, right or obligation concerned and no
registration fees or other duties shall be payable in respect of the
transaction.

(5) A licence or authorisation granted in accordance with the
repealed Act, whether to a company or an individual, shall be
deemed, until expiry, revocation or cancellation of that licence or
authorisation, as provided in the repealed Act, to be a licence or
authorisation granted in accordance with this Act, but subject to
any rights or benefits accruing, or any liabilities suffered, under
the repealed Act, but without the right of renewal. 4. (1) Any legal proceedings or applications of the former
Energy Regulation Board pending immediately before this Act
comes into force by or against the former Energy Regulation Board
may be continued by or against the Energy Regulation Board. (2) After the commencement of this Act, proceedings in
respect of any right, liability or obligation which was vested in,
held, enjoyed, incurred or suffered by the former Energy Regulation
Board, may be instituted by or against the Energy Regulation
Board. 5. At the commencement of this Act all monies held by the
Energy Regulation Board for the purposes of strategic funds shall
be deemed to be monies vested in and accruing to the Fund. Legal
proceedings
Strategic
Fund
380 No. 12 of 2019] Energy Regulation