The Malawi Gazette Supplement, dated 24th December, 2010, containing Regulations, Rules.                                                                        (No. I6A)

GOVERNMENT NOTICE NO. 29

ENERGY REGULATION ACT
(Cap. 73:02)

ENERGY REGULATION (AMENDMENT) BY-LAWS, 2010

In Exercise of the powers conferred by section 45 of the Energy Regulation Act, the Malawi Energy Regulatory Authority has made the following By-laws—

1. These By-laws may be cited as the Energy Regulation (Amendment) Citation By-laws,   2010.
2. The Energy Regulation By-laws, (hereinafter referred to as the “principal By-laws”) are amended by deleting by-law 42 and substituting therefor the following new by-law—
   1. 42. No person shall carry on the business of importing and selling or installation and maintenance of renewable energy technology without a licence issued by the Authority,”
3. The principal By-laws are amended by deleting by-law 43 and substituting therefor the following new By-law—

43.—(1)   Any person who wishes to carry on the business of importing and selling   or  installation and maintenance of renewable energy technologies shall apply for a licence in  Form ERET 1 contained in the Fifth Schedule hereto        

(2)  The Authority shall issue two types of licences for activities dealing with renewable energy technologies—

1. importation and selling; or

2. Installation and maintenance.

(3) Every licence issued by the Authority shall be in the form prescribed in the Fifth Schedule hereto and shall be valid on the conditions and for the period therein.

(4) Every licence issued under these By-laws shall have the following details—

1. name and type of the licence;

2. name and particulars of the licensee;

3. commencement and expiry date;

4. emblem or logo of the Authority;

5. designated signature of the Authority;

6. any such security features as the Authority may determine; and

7. the common seal of the Authority.

(5) No application for a licence under these By-laws shall be considered by the Authority unless the applicant has paid the application fees specified in Part1 of the Third Schedule hereto.

(6) Upon the grant of the licence and annual renewal thereof, an applicant snail pay the issue fee specified in Part 11 of the Third Schedule.”.

4. The principal By-Laws are amended by deleting by-law 66 and substituting therefore the following new By-law—

66.—(1) Every private owner with a generation capacity of below and above 20 kVA shall register with the Authority, details required under sections A and C only in Form EPOU 1 in the Seventh Schedule hereto:

Provided that only those registered by the Authority shall be permitted to generate electricity for own use.

(2) Whenever there is a change in the particulars provided under paragraph (i), the private owner shall immediately advise the Authority of the new particulars.

(3) Every private owner shall pay a registration fee and an annual renewal fee prescribed in the Third Schedule hereto.

(4) Every person, who before entry into force of these By-laws, owns generation facilities for own use shall register with the Authority within six months from the date of these By-laws.

(5) Every Registration Certificate issued by the Authority shall be in Form EPOU 2. Described in the Seventh Schedule hereto and shall be valid on the conditions and for the period provided therein.

(6) Every Registration Certificate issued under these By-Laws shall have the follow it g details—

1. name and type o: Registration Certificate;
2. name and particulars of the registered private generator;
3. commencement and expiry date
4. emblem or logo of the Authority
5.  designated signature of the Authority;
6.  any such security features as the Authority may determine; and
7.  the common seal of the authority.

(7) Generators of less than 20 kVA shall be registered—

1. on importation, at the border of entry'; and
2. on. sale in Malawi, by shop owners who shall transmit a register of such sales to the Authority every three months.”.