ZIMBABWE Law and Practice Contributed by: Nikita Madya and Chantele Sibanda, Wintertons
facility should try to start planning for decommission- ing during the planning phases of the development, so as to allow for smooth closure and decommissioning. 4. Transmission Lines and Associated Facilities 4.1 Constructing and Operating Transmission Lines and Associated Facilities The construction and operation of transmission lines and associated facilities are again governed by the following: • the Electricity Act (Chapter 13:19); • the ERA Act (Chapter 13:23); • the Electricity (Licensing) Regulations; and • SI 55/2015 Electricity Licensing Regulations Amendment. Section 43 of the Electricity Act regulates the subject of transmission and bulk supply licences. Subsection (1) states that, subject to such terms and conditions as ZERA may fix in the licence, a primary transmission licence will authorise the licensee to, inter alia, carry on grid construction and the operation and mainte- nance of transmission facilities within Zimbabwe. Under Section 3 of the Electricity (Licensing) Regula- tions, every electricity undertaking that transmits in excess of 100 kW requires a transmission and bulk supply licence. Every undertaking that maintains (or proposes to maintain) a transmission facility, oper- ates (or proposes to operate) an independent power exchange under the terms of Section 43 (1) of the Electricity Act, or is an electricity licensee (or appli- cant therefor) under the terms of Section 43 (1) of the Electricity Act is obliged to obtain an independent transmission and bulk supply licence in addition to its electricity licence. 4.2 Obtaining Approvals to Construct and Operate Transmission Lines and Associated Facilities Section 4 of the Electricity (Licensing) Regulations governs the processes and timelines for each licence. Applicants must fill out the appropriate application form (Form EL1 for primary licences and Form EL2
for secondary electricity licences) and pay the licence fee to ZERA. Within 30 days of receiving the application, ZERA must publish a notice in two consecutive issues of a national newspaper inviting representations from the public in writing, and must thereafter forward such representations together with the application to the Technical Committee (which consists of technical experts retained as consultants by ZERA under Sec- tion 19 of the Electricity Act). The Technical Committee will have 45 days in which to consider the applications and representations and make a recommendation to the committee. ZERA may either grant or reject the application or compel the Technical Committee to reconsider. In the event of a reconsideration, the Technical Committee will have 15 days to reconsider the application and report back to the ZERA board. ZERA may hold public hearings before reaching its decision. Section 46 (8) of the Electricity Act decrees that the period between ZERA’s receipt of an appli- cation and all documents and information submitted in support of it and the date on which it notifies the applicant of its decision or proposed decision shall not exceed six months, unless the applicant consents to an extension of the period. ZERA requires the following information/documents when considering an application for a transmission line: • a map indicating the route of the transmission line(s); • information relating to the transmission system; • line specifications – capacity, voltage, length, con- ductor type, configuration, etc; • points of supply; • contractual arrangements (where the applicant intends to operate transmission facilities that they do not own); • a single line diagram; • methodology for fees and tariffs for distribution use and connection charges;
484 CHAMBERS.COM
Powered by FlippingBook