Related documents
- Repeals Electricity Act, 1963
eSwatini
Electricity Act, 2007
Act 3 of 2007
- Published in Government Gazette 9 on 26 January 2007
- Assented to on 20 November 2006
- Commenced on 1 March 2007
- [This is the version of this document from 26 January 2007.]
1. Short title
This Act may be cited as the Electricity Act, 2007.2. Interpretation
In this Act, unless the context otherwise indicates—“Authority” means the Energy Regulatory Authority established under the Energy Regulatory Authority Act, 2007;“candidates” means persons who have submitted a request for participation in an invitation to tender;“case of emergency”, with reference to a right of entry on or to land or premises conferred under this Act, means a case in which the person requiring entry to the land or premises in question has reasonable cause to believe that circumstances exist which are likely to endanger life or property, and that immediate entry to such land or premises is necessary to verify the existence of those circumstances or to ascertain their cause or to effect a remedy;“common carrier” means an electricity transmission or distribution line;“consumer” means a person supplied or entitled to be supplied with electricity by any licensee or supplier;“contract of supply” means a contract between the operator of an electricity undertaking and any other person for the supply of electricity to that person;“contractors” means those who sell, rent, or with some other similar means supply goods or carry out services or works in accordance with a procurement contract;“designated area” means an established human settlement hierarchy or framework within a national or regional development plan or similar settlement or plan;“distribution” means the ownership, operation, management or control of distribution facilities for the movement or delivery of electricity to consumers, and “distribute” or “distributing” have corresponding meanings;“distribution facilities” means electrical facilities operated at distribution voltage and used for the movement or delivery of electricity;“distribution line” means any cable or overhead line for the distribution or reticulation of electricity from an electricity undertaking to a consumer, together with any transformers, switchgear or other works necessary to, and used in connection with, such cable or overhead line, and the buildings such part thereof as may be required to accommodate such transformers, switchgear and other works;“distributing main” means the portion of any main which is used for the purpose of giving origin to service lines for the purpose of general supply;“distribution voltage” means any voltage below the minimum transmission voltage;“distributor” means a person distributing electricity;“electrical fittings” means electric lines, fittings, apparatus and appliances designed for use by consumers of electricity for lighting, heating, motive power and other purposes for which electricity can be used;“electrical plant” means any electrical line, plant, equipment, apparatus and appliance used for the purposes of generation, transmission or distribution of electricity, but does not include electrical fittings;“electrician” means any person who installs, maintains or repairs electrical plant or electrical fittings on the premises of licensees or consumers;“electricity” means electrical energy or electrical power when generated, transmitted, distributed or supplied or used for any purpose except for the transmission of any communication or signal;“electricity undertaking” means any installation for the generation, transmission, distribution or supply of electricity which is owned or operated by a licensee, and “electricity undertaker” bears a corresponding meaning;“electric line” means a wire or wires, conductor or other means used for the purpose of conveying, transmitting or distributing electricity with any casing, coating, covering, tube, pipe or insulator enclosing, surrounding or supporting the same or any part thereof, any apparatus connected therewith for the purpose of conveying, transmitting, distributing or transforming electricity and any pole, standard, guard, stay-wire, danger plate or other apparatus or appliance required in connection therewith;“emergency works” means works whose execution at the time when they are executed are requisite—(a)in order to put an end to, or to prevent the arising of, circumstances then existing or imminent which are calculated to cause danger to persons or property, interruption of a supply or service afforded by a licensee or substantial loss to such licensee; or(b)in order to enable a licensee to afford a supply of electricity or a service to satisfy an obligation created by this or any other Act within a time fixed by or under such Act, and in relation to works comprising items whereof some fall within it and such others of them as cannot be reasonably severed therefrom;“financial year” means the financial year of a licensee;“fund” means the Rural Access Fund established under section 35;“general supply” means the supply of electricity to consumers in general and includes, unless otherwise specially agreed with an urban authority, the supply of electricity to public lamps, traffic signals, traffic bollards or other traffic signs or apparatus maintained and controlled by such authority, but does not include the supply of electricity to a consumer or consumers in particular under special agreement;“generation” means the production of electricity in generating stations regardless of how such stations are fuelled or driven, and “generate” and “generating” have corresponding meanings;“generator” means a person generating electricity;“generating station” means any station for generating electricity including any building, plant and machinery used for the purpose and all accessories necessarily incidental thereto, together with the site thereof, and any site intended to be used for such a station;“grid code” means a national grid code or similar regulation of national application prescribed by the authority, relating to the planning, scheduling or dispatch of electrical energy in Swaziland;“inspector of machinery” means an inspector appointed as such under the Mines, Works and Machinery Act, No. 61 of 1960;“land” includes land covered by buildings and land covered by water;“licensee” means the holder of a licence granted or deemed to be granted by the Authority under the Energy Regulatory Authority Act, 2007 for the generation, transmission, distribution and supply of electricity;“main” means any electric line through which electricity may be supplied or be intended to be supplied by a licensee for the purposes of general supply;“mini-hydro” means a small scale power generating system that harnesses the power of falling water (1–15 MW);“minimum transmission voltage” means thirty-three kilovolts or such other voltage as the Authority may, by regulation, determine to be the minimum voltage at which an electrical facility in Swaziland is generally operated when used to deliver electricity in bulk;“Minister” means the Minister responsible for Energy Affairs;“Ministry” means the Ministry responsible for Energy Affairs;“minor works” means works executed solely for the purpose of erecting or placing service lines (not being works which relate to the placing or intended placing of a service line or a part of a service line for a continuous length of one hundred meters or more in or along a public road) or works executed solely for the purpose of maintaining, repairing or altering electric lines or apparatus;“occupier” includes the person receiving or entitled to receive the rents payable by a lodger or tenant, whether on his own account or as agent for any other person entitled or interested therein;“off-grid” means electricity network not connected to the main national electricity supply grid network;“owner” means—(a)the person or persons in whom from time to time is vested the legal title to any immovable property;(b)in any case where the property has been leased for 10 years or more the lessee of such property;(c)in any case where the legal administration of such property is vested in a person as trustee, executor, curator, assignee or administrator of such property, the person in whom the legal administration is so vested;(d)in any case where the owner as above described is absent, the agent or person receiving the rent of the property in question;“owner”, “occupier” or “person” in the case of a firm or partnership includes all or any one or more of the members of such firm or partnership, and in the case of a company or any body of persons not being a firm or partnership in the ordinary meaning of these terms, the secretary or manager of such company or body of persons, or should there be no secretary or manager, then any member of the board of directors, managing board or committee of such company or body of persons;“person” includes statutory and governmental bodies and institutions;“premises” means any building, room, tenement, hut, shed, tent or other structure, above or below the ground, together with the land upon which the same is situated and any adjoining land used in connection therewith, and any land without buildings or tents, and includes any vehicle or conveyance, and includes open air premises;“procurement” means purchase, rental or corresponding transactions in respect of goods, services and works in all parts of the electricity supply industry and in particular in power generation;“rated generating capacity”, in relation to installed generating plant, means the designed maximum continuous output of the generating plant;“road” means any road, whether public or private, together with the kerbs, storm water drains and supporting banks thereof, and any street, square, court, alley, lane, bridge, footway, trace, track, path, passage or highway, whether a thoroughfare or not;“roadworks” means the reconstruction, widening, diversion or alteration of the level of any road or part thereof or any alteration in the relative widths of the carriageways or footways thereof;“service line” means any electric line through which electricity may be supplied or be intended to be supplied by a licensee to a consumer either from any main or directly from the premises of the licensee;“supply” means the purchase and sale of electricity and activities or services associated therewith, and “supplying” has a corresponding meaning;“supplier” means a person supplying electricity;“Swaziland Electricity Board” means the Swaziland Electricity Board (SEB), established in terms of the Electricity Ac, No. 10 of 1963 (as amended), or any successor in title to the Swaziland Electricity Board;“system operator” means a person designated to operate the power system as described in section 7 and in accordance with the grid code;“tenderers” means those who submit a tender;“this Act” includes the regulations, guidelines and rules made under this Act;“transmission” includes the ownership, operation, management or control of transmission facilities for whatever purpose, and “transmit” and “transmitting” have corresponding meanings;“transmission facilities” means electrical facilities, including but not limited to electrical circuits, transformers, and substations operating above a voltage of thirty-three kilovolts but does not include—(a)electrical circuits forming the immediate connection between generation facilities and the transmission grid and to the extent that those circuits are owned by a generator and are directly associated with the generation facilities; or(b)specified facilities operating at or above minimum transmission voltage if the Authority, upon application by a licensee, determines that those facilities should be owned and operated by a distribution licensee;“transmitter” means a person transmitting electricity;“Tribunal” means the Electricity Disputes Tribunal established under section 41; and“value of the supply” means the amount of electricity supplied by a licensee to any consumer or the maximum power demand of a consumer in any given period.Part II – Regulation of the electricity supply industry
3. Power system activities to be carried out under licence
4. Generation licence
A person shall not construct, own or operate a generating station as referred to in section 3(3) without a generation licence issued under this Act.5. Special provisions for hydropower plants
6. Transmission licence
7. System operator licence
8. Distribution licence
9. Supply licence
The supply of electricity shall be subject to a supply licence granted by the Authority.10. Import and export licence
11. Separate and combined licences
Separate or combined licences may be issued by the Authority to a particular generator, transmitter, system operator, distributor or supplier of electricity.12. Duration of licences
13. Offence for operating without a licence
Part III – Application for and issuing of licence
14. Application for and issuing of licence
15. Conditions of licence
16. Transfer of licences
17. Revocation and amendment of licences
18. Renewal of licences
19. Non-compliance with licensing conditions
20. Expiration of a licence
21. Guidelines and by-laws
22. Exemption from obligation to apply for and hold licence
Part IV – Duties of licensees
23. Duties of licensees
Part V – Common carriers and capacity variations
24. Common carriers and capacity variations
Part VI – Tendering for new capacity
25. Tendering – Generalities
26. The award of contracts
27. Criteria for the selection of a candidate or a tenderer
28. Legal remedies - Review of decisions and compensation
Part VII – Miscellaneous provisions
29. Obligation to provide information for the supervision of the contract
The contracting entities shall provide the authorities in Swaziland with statistical and other information on the different stages of the contract award procedure to the extent determined by the Ministry responsible for Finance.30. Right of access to information and non-disclosure obligation
Any person who, in the performance of functions referred to in this Act, has gained knowledge of trade or professional secrets or other similar facts which might cause economic damage to the party concerned, may not disclose or use those secrets or facts without legal right or consent of the concerned.31. Penal provision
Any person who contravenes section 30 commits an offence, and is liable to conviction to a fine of not exceeding fifty thousand Emalangeni (E50 000-00), or to imprisonment for a period not exceeding twenty-four months or both.Part VIII – Tariffs
32. Tariffs
Part IX – Promotion of access to electricity
33. Rural electrification as priority for power sector policy
34. Preparation of Rural Electrification Plan
35. Connection targets as performance indicator for distribution companies
36. Provision for co-ordination of Rural Access Fund
37. Rural electrification data base
The Ministry shall maintain a national rural electrification data base to assist in the monitoring of progress and establishment of the targets of rural electrification.38. Publishing of tariffs
The Authority in agreement with the Minister, may impose on the system operator the requirement to publish standardised tariffs based on the avoided cost of the system for sales to the grid of electricity generated by the renewable energy systems of up to a maximum capacity of twenty megawatts.Part X – Transitional provisions
39. Right to licence of existing operators
Part XI – Resolution of disputes
40. Resolution of disputes
Part XII – The Electricity Dispute Tribunal
41. Establishment of Tribunal
There is established the Electricity Disputes Tribunal made up of five members as follows—42. Appointment, tenure and qualification of members
43. Disqualification for membership
44. Resignation or removal of members
45. Declaration of interest
Where a member of the Tribunal as constituted for the purposes of a proceeding has any interest, pecuniary or otherwise, that could conflict with the proper performance of the functions of the member, that member shall disclose the interest to the parties to the proceeding and shall not take part in the proceeding or exercise any powers in relation to the matter to which the proceeding relates.46. Operations and procedures
47. Funds of the Tribunal
The funds of the Tribunal shall consist of—48. Jurisdiction
49. Judgments and appeals
50. Powers of the Tribunal
51. Registry
Part XII – General provisions
52. Termination of supply
53. Use of meters
54. Acquisition of land
Where a generation licensee, transmission licensee or a distribution licensee, or a proposed licensee for generation, transmission or distribution services, requires any land in connection with its obligations under its licence or a proposed licence, and it has failed to acquire such land with agreement of the landowner(s), such licensee may acquire the land in terms of the Acquisition of Property Act, 1961.55. Works and access rights
56. Power to cut trees, enter on land, etc.
57. Moving of lines, etc.
58. Power to break up roads, etc.
59. Alteration of pipes, etc.
60. Works which affect other lawful works
61. Health, safety and environmental matters
Installations for the generation, transmission, distribution and supply of electricity, as well as alterations or extensions to existing installations, shall be built and operated in accordance with legislation on health, safety and environmental standards.62. Other agreements
63. Application of Mines, Works and Machinery Act, 1960
Where an inspector of machinery, acting in terms of the Mines, Works and Machinery Act, 1960, tests electrical installations or machinery of a licensee, the licensee shall be held responsible for any interruption in the supply of electricity which may be occasioned by or required by the inspector of the machinery for the purpose of the test.Part XIII – Miscellaneous and supplemental
64. Licensee’s lines not subject to execution, etc.
65. Stamp duty
Electricity shall be deemed to be goods, or merchandise for the purpose of exemption (a) of Item 2 of the Schedule to the Stamp Duties Act, No. 38 of 1931.66. Powers of Minister
67. Regulations
68. Savings
Anything done in terms of the provisions of the Electricity Act, 1963, prior to the commencement of this Act, and which may be done in terms of the provisions of this Act is deemed to have been done in terms of this Act.69. Repeal
The Electricity Act, No. 10 of 1963 is hereby repealed.History of this document
01 March 2007
Commenced
26 January 2007 this version
Published in Government Gazette 9
20 November 2006
Assented to
Cited documents 2
Act 2
1. | Electricity Act, 1963 | 22 citations |
2. | Mines, Works and Machinery Act, 1960 | 6 citations |
Documents citing this one 2
Gazette 2
1. | Swaziland Government Gazette dated 2007-01-26 number 9 | |
2. | Swaziland Government Gazette dated 2012-09-21 number 104 |