Law and Climate Change Toolkit
Malawi • Law • 2004

(MW) Malawi Energy Regulation Act 2004 (No 20)

Part 1

 

 PART 1
 - PRELIMINARY
 and shall come into force on such date or dates as the Minister shall appoint by notice published in the Gazette.
 Short title and Commencement 1 This Act may be cited as the Energy Regulation Act, 2004 2 Interpretation. In this Act, unless the context otherwise indicates-
 “Authority” means the Malawi Energy Regulatory Authority established under section 3; “coal” means coal as defined in the Energy Laws; “Customer” means a person purchasing energy; “Consumer” means a person consuming energy; “electricity undertaking” means electricity undertaking as defined in the Electricity Act (No 22 of 2004); “energy” means such sources of renewable and no-renewable energy as defined in this Act; “Energy Laws” means this Act and any other energy legislation made under which the Authority is to exercise any function; “Energy Undertaking” means any undertaking selling energy or commercial activities related thereto, whether public or private as defined in the Energy Laws; “licence” means a licence granted under Part III of this Act; “licensee” bears a corresponding meaning; “liquid fuels and gas” means liquid fuels and gas as defined in the Energy Laws; “Member” means a member of the Authority and includes the Chairperson or Vice-Chairperson; “Non Renewable Energy” means those sources of energy available to mankind arising from natural processes in the interaction between the sun and the earth’s surface but not regularly replenished and these include uranium and fossil fuels e.g. coal, peat, crude oil, natural gas; “Public Appointments Committee” Means the Public Appointments Committee established under section 56 (7) of the Constitution “Renewable Energy” means those sources of energy available to mankind arising from natural processes in the interaction between the sun and the earth’s surface and regularly replenished and these include the sun as the primary renewable energy resource and the secondary renewable energy resources that derive from the sun including wind energy, hydro, ocean thermal, ocean wave, ocean tidal and electricity from photovoltaic effects, biomass, geothermal, etc; “Rural Electrification” means rural electrification as defined in the Rural Electrification Act (No 21 of 2004); “Rural Electrification Fund” or “Fund” means the fund set up under the Rural Electrification Act (No 21 of 2004). “Solar, wind, biogas,” means solar, wind, biogas as defined in the Energy Laws;

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Establishing or designating national climate bodies and functions Coordination body on climate change Body with planning/regulatory powers and functions Monitoring, reporting and verification obligations Carbon tax or levy provisions Sources of climate finance Enabling constitutional provisions Goal/obligation to promote renewable energy Licensing provisions Energy efficiency co-ordination body Energy audits Energy Market Regulation Markets – design and regulation Overall market principles Energy market board Market regulatory coordination provisions
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