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____________________
ELECTRICITY LAW
The economic development of the country depends upon the
existence and availability of electrical energy, the generation and
distribution of which requires substantial investments.
The State, its agencies as well as the other public law
entities play a determinant role while recognizing the important role of the
private sector in the development of the national electricity grid.
It is necessary to provide the Mozambican legal order with a
basic regulatory instrument for the generation, transmission, distribution and
sale of electrical energy, pursuant to the provisions of article 135.1 of the
Constitution of the Republic, the Assembly of the Republic determines:
CHAPTER 1
GENERAL PROVISIONS
For the purposes of this Law, the following terms and
expressions shall mean:
1
Sale of Electrical Energy: the sale of electrical energy to
a consumer for the consumer’s own use or for purposes of resale to third
parties.
2
Concession: The authorisation given to public or private
entities by the competent authority under the terms of this Law and its
Regulations for the generation, transmission, distribution and sale, including
the importation and exportation, of electrical energy, as well as the construction,
operation and management of electrical installations. The authorisation may
cover one or more of the aforementioned activities.
3
Concessionaire: The holder of a concession granted under
the terms of this Law.
4
Consumer: a person or entity to whom electrical energy is
supplied for domestic, industrial or commercial uses.
5
Concession Contract: an administrative contract which
defines the terms and conditions to be applied to the realisation of one or
more of the activities involved in the supply of electrical energy.
6
Distribution of Electrical Energy: the transition of
electrical energy with a rated capacity of less than 66 kV from step-down
transformer substations, transformers and or isolator stations to the
installations which receive and transmit the electrical current to consumers.
7
Force Majeure: means any event which is not foreseeable, is
outside the control of and was not caused by the party affected by such event,
and which is the cause of the injury, damage or non-compliance, including
floods, storms, sea tremors, earthquakes, fire, acts of war, insurrection,
public unrest, strikes or other labour unrest.
8
8 Supply of electric energy: activity of supplying electric
energy to the consumers encompassing all or some of the activities of
production, transportation, distribution and commercialization, including the
importation and exportation of electric energy.
9
Electrical installation: equipment and infrastructures to be
used in the supply of electric energy all the way to the electricity meter of
the consumer.
10
Establishment License: document issued by the competent
entity certifying that the electric installation can be established within the
stated period.
11
Exploration License: document issued by the competent entity
certifying that the electric installations had been inspected and found to be
in order authorizing the operation of the electric installations.
12
Production of electric energy: conversion of any form of
energy, whichever its origin into electric energy.
13
National electricity grid: set of public service
installations to be used for the production, transportation and distribution
from electric energy.
14
National electric energy transportation grid: set of systems
used to transport electric energy between regions, inside of the country or to
other countries to supply subsidiary grids and includes the systems that link
grids to each other, central supply areas to each other or grids and central
supply areas to each other. It is the same as a national transportation grid
15
Just and reasonable tariffs: the tariffs regarding the use,
consumption and transmission of electric energy are just and reasonable when
they are set according to the following criteria (collective):
a)
that they assure the minimum possible cost for the consumers
and that they are compatible with the quality of the given service;
b)
that they amortize (alternative: re-pay) the
operation and capital costs over time; and
c)
that they provide a compatible return on the invested
capital in the respective installation.
16
Transportation of electric energy: transmission of electric
energy with a voltage equal to or above 66 KV, from the transformer depository
(alternative: vaults ) and the step-up substation connected to the power
plants on to the distribution step-down substations.
1
The current Law applies to the production, transportation,
distribution and commercialisation of the electric energy in the territory of
the Republic of Mozambique, as well as its importation and exportation from or
to the national territory.
2
The use and benefit of energy sources for purposes other
than the generation of electrical energy shall be the subject of other,
specific legislation.
The purpose of this Law is to define, in respect of
electrical energy:
a)
the general policy for the organisation of the sector and
the administration of the supply of electrical energy;
b)
the general legal framework in respect of the activities of
electrical energy generation, transmission, distribution and sale within the
territory of the Republic of Mozambique, as well as its exportation to and
importation from outside of the national territory, as well as the grant of
concessions for such activities;
1
The State, its agencies, as well as the other public law
entities have a determinant role in promoting the development of the existing
potentialities in such a way as to permit an ever increasing access to the
benefits of electric energy and to contribute to the economic and social
development of the nation and the region.
2
The State shall ensure the participation of private
initiative in the public service of electric energy supply through concessions
that guarantee the right of the use and benefit of the energy resources while
protecting the superior interests of the State.
1
The general policy for sector organisation and for
management of the supply of electrical energy has the following objectives:
(a)
to make beneficial use of existing and potential
resources and to contribute to the process of economic and social development
of the nation and of the region;
(b)
to promote the extension of the national
electric grid throughout the national territory in order to permit persons and
entities not connected to the national electrical energy grid access to the
benefits and facilities of electrical energy;
(c)
to ensure the efficiency and quality of the
electrical energy supply to consumers on terms which are fair and competitive;
(d)
to develop the national energy capacity and the
electric energy grid in order to stimulate economic and social development and
to assure the supply of electric energy according to the needs of the
consumers, whilst guaranteeing ecological balance, conservation and the
preservation of the environment;
(e)
to seek alternative technologies linked to the
supply of electric energy;
(f)
to supply electric energy as a public service;
(g)
to guarantee the participation of the public
sector in the execution of the public sector service of supplying electric
energy;
(h)
to create a favourable environment for the
participation of the public sector in the execution of the public service of
supplying electric energy.
The Counsel of Ministers (alternative: Government)
has the power to:
(a)
approve new undertakings regarding the supply of
electric energy with an installed capacity equal to or greater than 100 MVA;
(b)
define the authority regarding the award
(grants) to supply electric energy at different levels;
(c)
carry out the various powers allocated to it by
the current Law and other applicable legislation.
1
The National Electricity Council,
also known as CNELEC, is created by the current Law, endowed with juristic
personality and administrative and financial autonomy, with an advisory
function of defending the interest of the public. It also serves as a forum to
listen to public opinion (alternative: gather public opinion) on relevant
subjects regarding the national affairs of electric energy and the application
of the dispositions of the present Law and its regulations.
2
CNELEC has functions to conciliate,
mediate and arbitrate different matters relating to questions that arise
between different concessionaires or the concessionaires and its consumers in
the following areas:
(a)
the right to the supply of electric energy including the
refusal to or the interruption of supply;
(b)
the quality and regularity of the service of supplying
electric energy;
(c)
the conditions and tariffs of sale of electric energy and
transmission taxes;
(d)
the installation and the functioning of measuring equipment
and counting meters (electricity meters)
(e)
appropriateness of the concessionaire’s equipment;
(f)
the refusal or delay in the supply of electrical energy by a
concessionaire;
(g)
access for the purpose of transmitting the national
transmission grid including the transmission installations of a particular
concessionaire;
(h)
any other matter in respect of which a consumer or a
concessionaire requests the intervention of CNELEC as a mediator or arbitrator.
3
CNELEC shall be made up of five to seven permanent members
selected from among reputable persons with recognised experience and expertise
in respect of tariffs, economics and other legal and technical aspects of
electrical energy supply systems.
4
The members of CNELEC shall be chosen by the Government, by
associations representing the productive sector, by the associations
representing the general public/consumers, by scientific research institutions,
by the manager of the national electric energy transmission grid and by the
concessionaires.
5
The president of CNELEC shall be nominated by the Government
from among its representatives.
Without prejudice to the other powers and authorities
attributed pursuant to this Law and other legislation, CNELEC shall have the
competency to:
a)
pronounce upon electrical energy supply policies and
objectives;
b)
issue advisory opinions on proposals for expropriation and
declaration of public utility for new projects
c)
pronounce upon and propose regulations in respect of
electrical energy supply and other matters relevant to the national electricity
energy grid;
d)
issue advisory opinions on proposals for new projects and
the applications for electrical energy supply concessions as well as the
proposals for the setting and revision of tariffs and other terms for the sale
or electrical energy by the concessionaire;
e)
draft proposals for the promotion and adoption of new
technologies and the programs for the expansion of the geographical coverage of
the national electrical grid as well as the realisation of nation-wide
evaluations in respect of the execution of such programs;
f)
f) to participate in the supervision and
evaluation of national and international public tenders for the allocation of
concessions to supply electric energy;
g)
to carry out studies and inquiries that appear to be needed
and appropriate to exercise its powers and duties presented to it
1
The production, transportation, distribution and
commercialisation, including the importation and exportation of electric
energy, which also includes the construction, operation and management of
electrical installations by individual or collection persons within the public
sector, private sector and the societies flow from the previous allocation of a
concession that may include one or more of the operations [alternative:
activities] described in this document.
2
The document containing the concession should note that:
(a)
the advantages to be obtained through the concession should
be greater than the economic, social and environmental inconveniences that will
result;
(b)
the payment of the costs and the risks associated with the
concession and that will be suffered by third parties or the environment should
be insured;
(c)
the tariffs and the supply condition to be applied should be
just and reasonable;
(d)
the supply of electric energy should be incorporated into
the national electricity grid
(e)
or the regional one that is in existence and has been planned;
(f)
the duration of the concession should be fixed;
(g)
in relation to new constructions for the supply of electric
energy, the following should be taken into account, amongst other things: the
equilibrium between the demand and supply and the growth in future demand,
alternative means of supply, ability to meet demand and the balance between the
costs and benefits to save the consumption of energy in its installations and
the installations of the consumers;
(h)
the suitability, technical capacity and financial capacity
of the candidate should be proved to the concessionaire.
3
The execution of technical studies
and other investigations connected directly or indirectly with the project to
supply electric energy flow from a previous authorisation.
1
The generation of electrical energy for personal use and
consumption and not for supply to third parties is exempt from the requirement
of a concession.
2
Without prejudice to the provisions of the preceding clause,
the construction and operation of an electrical installation requires the
acquisition of an establishment licence and an operating licence as determined
by regulations.
1
The application for a concession for electrical energy
generation, transmission, distribution and sale, as well as the application for
importation or exportation, shall be addressed to the competent authority and
shall contain the identity of the applicant as well as an exposition of the
purposes of the application and the length of the concession.
2
The competent authority shall authorise or reject the
application within a period of one hundred and eighty days from the date of
submission.
3
The requirements for a concession application shall be fixed
by regulation.
4
Concessions and the renewal of a concession shall be granted
by means of a public bidding procedure in accordance with terms to be
regulated.
5
The applications for concession as well as for the renewal
of a concession shall be subject to publication and to public hearings in
accordance with regulations to be issued.
1
The concessions shall be attributed in the form of an
administrative contract for the period fixed in the contract. This period
shall have a maximum initial duration of fifty years and may thereafter be
renewed.
2
The renewal of the concession shall be approved subject to
the compliance with the following requirements:
a)
The concessionaire has complied with the obligations imposed
under the terms of the concession contract;
b)
The concessionaire has submitted a plan of operations and
technical and economic studies that guarantee the best operational conditions.
1
The duration of the period of renewal shall be consistent
with the periods of amortisation of the addition investments and with the need
to make the resources being used available for other uses that guarantee a
greater economic and social benefit.
1
The partial or complete transfer of the rights provided by
the concession, is subject to a pre-approval from the competent entity taking
into account the provisions of article 10 of the current Law, with the
necessary adaptations.
2
This article is applicable to transfers as stated in article
24(3) of the current Law.
1
The management of the national electric energy
transportation grid is allocated to a public entity which, due to its technical
capacity, guarantees the operation, the reliability and the expansion of the
public service of supplying electric energy.
2
The assignment of the entity mentioned in the previous
number and the applicable terms and conditions are established by a decree of
the Cabinet.
3
Private capital be used in the development of the national
electric energy transportation grid in the terms prescribed for it.
1
The concessionaire compels itself to
provide movable and immovable assets to the activity that, although they will
not constitute an integral part of the concession, are, however, proper and
necessary for the asset management and exploration of the granted service, even
if these are not, directly, a part of the supply of electric energy, these
being: vehicles automobiles, materials, utensils, stocks of raw materials,
consumable and measuring devices and electricity meters.
1
The concessionaire compels itself, especially, among others
duties:
(a)
(I) to explore the concession in accordance with the
standards of a cautious and reasonable operator, looking to carry out its
obligations with good faith and a level of skill, diligence, prudence and
foresight that would be to expected from an experienced and skilful operator
with sufficient financial resources and in compliance with the laws,
regulations, contract of concession and effective code regarding the grid.
(b)
(II) any reference to the standard of reasonableness of a
cautious operator is to be considered a reference to the skill levels,
diligence, prudence and foresight as described here;
(c)
reference to such degree of skill, diligence prudence and
foresight as described herein.
(d)
provide for the proper maintenance of all the goods
dedicated to the concession until the termination of the concession;
(e)
payment of the indemnification due upon expropriation and
upon thirty days prior notice, inform the holder of the respective rights and
assets of the commencement of the operations for removal of underbrush,
clearing, pruning, tree and bushcutting and earth removal;
(f)
abstain generally from the restriction or limitation of
property rights;
(g)
restore the water used in the supply of electrical energy to
the level of purity, original temperature and healthfulness in conformity with
the data recorded at the time of the capture of the same water;
(h)
restore to normal the passageways and circuits which have
been interrupted, reduced or detoured in order to carry out construction,
maintenance, improvement and repair works in respect of electrical
installations;
(i)
comply with the relevant parts of the legislation on water
and fishing, including the regulations;
(j)
comply with legislation in respect of environmental matters;
(k)
give access to the ministry as well as persons or entities
duly authorized by the ministry having oversight of the sector for the purpose
of inspection of the installation, equipment, books and accounts and other
documentation related to the activity in respect of which the concession was
granted;
(l)
supply the data and information requested by the ministry
having oversight of the sector and considered relevant for the oversight of the
concessionaire’s activities pursuant to the concession.
2. The concessionaire undertakes to carry out the
service of supplying electrical energy in such a way as to best serve the
interests and needs of consumers and to contribute to the nation’s economic and
social development.
3. The obligations defined in the preceding
clauses as well as the other specific obligations, which apply to the
concessionaire, shall be the subject of regulation.
1
The concessionaire shall, in accordance with the terms
established in the concession, supply electrical energy within the respective
area of the concession to all consumer applicants who are able to guarantee
payment for their consumption and for the cost of the installations, branch
lines and other connections as well as the works for the necessary
reinforcement and extension works.
2
In the event of the unjustified refusal of, reduction or
delay in the supply of electrical energy to an applicant or consumer, the
applicant or consumer may bring a complaint with CNELEC or other competent
authority which shall decide whether or not and on what terms the
concessionaire shall supply the electrical energy.
3
Electrical energy consumers within a concession area may
obtain the supply of electrical energy from any concessionaire.
4
The concessionaire shall co-operate in the co-ordination
with other suppliers of electrical energy with regard to national and regional
plans for the supply of electrical energy.
1
The concessionaire shall ensure that the service provided
for the supply of electrical energy is regular and of good quality and is
carried out in such manner as to avoid prejudice and damages to economic
activities and the electrical appliances and equipment of consumers.
2
The service provided may be suspended or interrupted
momentarily or partially in order that the concessionaire may ensure the
maintenance or repair of the installations and equipment and undertake works of
improvement.
3
The concessionaire undertakes to reduce to the minimum
possible, the frequency and duration of the interruptions and to limit them to
the periods and times at which the interruption is likely to cause the least
possible inconvenience to the consumer.
4
The concessionaire shall notify the consumers of the dates
and times of these interruptions by prior public notice.
5
Provided that unforeseen circumstance beyond the control of
the concessionaire demand urgent action, exceptionally, the concessionaire may
immediately undertake the measures necessary to maintain and repair the
equipment and installations, including the suspension of the services provided.
The concessionaire may not reduce or terminate the supply of
electrical energy except in the following cases:
(a)
subject to the terms and procedures of the applicable Law,
the consumer is declared insolvent or bankrupt;
(b)
the consumer does not timely pay the agreed charges;
(c)
the consumer does not fulfill the established conditions,
having been informed by the concessionaire in writing, of the consequences of a
failure to not fulfil these conditions within a period of thirty days after
acknowledgment of receipt of the same;
(d)
or Force Majeure reasons, in the terms defined in
this Law.
1
The concessionaire for the transportation of public electric
energy cannot refuse another concessionaire or consumer, having the technical
availability, from transmitting electric energy in its electric installation.
2
The concessionaire for the transportation of public electric
energy grants the service of transportation of electric energy to another
concessionaire or consumer in comparable conditions, without discrimination, in
a quality and price, similar to those directly given to it.
3
The transmission of electric energy through the
installations of a third party is made by means of the payment of a
transmission tariff. The transmission tariff is fixed with reference to the
cost of exploration of the related installation taking into account the load on
the grid, the length of the tracing (possibly: the distance over which it is
carried), as well as other prescribed costs.
4
Any of the involved parties can ask for, in compliance with
article 22(4), a revision of the tariff to be done by the competent entity.
5
By means of the approval of the competent entity, the
transmission of electric energy, the respective conditions and tariffs, in one
determined region, can be agreed upon between the respective concessionaires
or consumers operating in a region.
6
The authorization of a concession for transportation and/or
distribution of electric energy can be conditional on the increase of the
capacity of the proposed installation which will make the transmission of
electric energy to other consumers and/or concessionaires possible.
1
The concessionaire, or the people or entities whom it has
expressly authorized , have the right of access to the places that receive or
have received electric energy that is supplied by the concessionaire, whose the
objective is to proceed with the manoeuvres (alternative: drilling or work)
or to inspect the workmanship, lines, measuring devices and other technical
equipment of the concessionaire, to carry out the measuring of energy that is
granted or to effect the removal of the equipment that belongs to it when it
verifies that it no longer supplies electric energy.
2
The right of access referred to in the preceding clause
shall be exercised during normal business hours except where special
circumstances concerning the consumer or the concessionaire justify that access
occurs at a different time.
3
The concessionaire is obligated to repair any damages caused
by virtue of the exercise of the rights referred to in clause 1.
1
The electrical energy use, consumption and transit tariffs
shall be fixed in the concession in question.
2
The tariffs for electrical energy use, consumption and,
subject to the provisions of clauses 2 and 3 of article 20, transit shall be
fair and reasonable.
3
The concessionaire may not charge consumers any other
charges or tariffs that have not been stipulated in the concession.
4
The approved tariffs may be revised at the request of the
concessionaire who shall provide all the information necessary for this
purpose. The revision of tariffs shall comply, with the necessary adaptations,
with the procedures for the attribution of a concession.
1
A concession shall terminate:
(a)
on the date of expiry of the concession with the term having
been extended;
(b)
by revocation, in accordance with the provisions of the
following numbers;
(c)
by rescission by the concessionaire in accordance with the
provisions of number 5 of this article 23.
2
Upon prior notice and in accordance with the procedures to
be established by regulations, the entity which issued a concession may revoke
the concession upon the occurrence of any one of the following events:
a) deviation
from the purpose of the concession;
b) suspension
of the activity which is the subject of the concession which suspension does
not result from a force majeure event;
c) repeated
refusal to permit the due exercise of inspection and supervision;
d) refusal
to undertake the appropriate maintenance and repair of the electrical
installation and assets dedicated thereto;
e) the
intentional charging of tariffs at a rate in excess of that which has been
fixed in the concession;
f) the
bankruptcy of the concessionaire;
g) the
unauthorized assignment or other transfer of the concession;
h) the
material violation of the terms of the concession contract or the dispositions
of this Law and its regulations.
1
The entity which issued the concession shall not revoke the
concession in the event that the concessionaire complies fully with its
obligations and corrects or cures the cause of the aforesaid notice within the
period fixed in the notice for this purpose.
2
The concession may provide for notice to be given to the
principal creditors of the concessionaire to permit that such creditors may, in
the period provided for this purpose, propose a solution which might preclude
the revocation.
3
The concessionaire may rescind the concession contract on
twelve months prior notice and based upon the material violation of the State’s
obligations, provided that such violations have resulted in the disturbance
and/or damage which compromises the proper exercise of the concession
activities and the fulfilment of the respective obligations related to the
regular supply of electrical energy.
4
Upon the termination of a concession pursuant to the preceding
clauses, the competent authority may, in accordance with criteria and
procedures which are applicable to the grant of a concession, determine:
a) the
reversion, subject to the provisions of article 24, of the installations and
equipment in favour of either the State or a third party having the appropriate
capability to undertake directly the operation of such installations and
equipment;
b) the
removal or destruction of the electrical installations and/or the assets
dedicated thereto.
1
Without prejudice to the provisions of the preceding
clauses, during the twelve months preceding the expiry of the concession, the
competent entity shall take all measures which are useful and necessary to
ensure the continuity of the public service for the supply of electrical energy
and its transfer to a new regime of operation.
2
The entity which, pursuant to the terms of this article,
comes to operate the system, shall inventory the existing assets and shall
assume the responsibility for same.
1
Once the concession comes to an end and it is verified that
the installation and affected assets have been reverted, the concessionaire is
indemnified, in accordance with article 25, to value of the audited accounting
amount of the investment, free from any onus or incumbency and without
prejudice of the right of recourse of the State towards the concessionaire, for
the prejudice and damages cause by the obligations that it assumed which were
contracted in contradiction with the law or the contract of the concession.
2
In the calculation of the indemnity, one considers the
verified depreciation of the assets until the date of the transfer, its state
of conservation and effective functioning, noting any deterioration due the
lack of maintenance or repair as well as its adequacy for the objectives of the
installation. These are, however, not taken into account for the purposes of
calculating the indemnity amount, or for the fact of it dealing with an
administrative reversal, or the potential advantages or losses of profits of
the installation.
3
In the case of a transfer of the installations to a third
party, the person or entity to who the installations is granted and respective
concession becomes responsible for the indemnity in terms of the previous
numbers, to the initial concessionaire for the value of its capital assets.
4
If the costs of the assets have already been partially or
totally amortized by the funds received for the tariffs, such fact becomes a
consideration to assure that the such consumers are only responsible for the
amortizations (repayments), in terms of tariffs to be applied, for the
parts still not amortized.
5
The value of the indemnity will be approved by the same
competent authority that authorised the respective concession in the terms of
article 11 of this Law.
6
Decisions taken in relation to the indemnity may be
challenged through competent judicial or administrative bodies.
Article 25
Reversion of assets
and rights
In the case of a concession that involves electric
installations whose construction was carried with public fund or it did not
result from the concessionaire’s funds, the concession contract may state that,
on the date fixed for the term of the concession and there being no extension
of the concession period, all the affected assets of the concession revert,
gratuitously and without any incumbencies, to the State or an entity that it
indicates, being an entity which is operating in the same terms and has
subrogated all of the rights of the concessionaire (substituted the concessionaire
and took over its rights).
1
The concessionaire is the only one responsible for the
functioning of the service objective of the concession, which it manages and
explores for its exclusive account and risk.
2
All the responsibility derived from the functioning and/or
exploration of the granted service falls exclusively on the concessionaire.
The responsibility referred to in clause 1 of this article
simultaneously covers;
(a)
Criminal liability incurred for non-compliance with the Laws
and regulations in force;
(b)
Civil liability for the injury and damages caused in
accordance with the laws in force.
3
This civil and criminal liability is subject to:
(a)
Events of force majeure;
(b)
The fault or negligence of the injured party,
where duly proved;
(c)
Cases where the accident is attributable to third parties;
(d)
Injury, damages or disasters which result from the nature of
the installation.
4
When injury and damages result from different but
inter-dependent installations, the concessionaires of each installation are
jointly liable. The respective indemnification shall be divided among the
several concessionaires, unless it is demonstrated that some are liable and
others are not. In this case the indemnifications shall be fairly and equitably
divided among the persons liable therefore.
5
The concessionaire of an electrical installation is liable
for any damages that result from the acts of the concessionaire’s employees.
1
The Concessionaire shall pay annually a concession fee
assessed on the gross revenue of the concession derived from the supply of
electrical energy.
2
The rate as well as the terms and conditions shall be
established by the Council of Ministers.
The concessionaires shall be subject to the general fiscal
regime established in the legislation currently in force. The Council of
Ministers may establish a fiscal regime applicable to the activity of the
supply of electrical energy, with forms and rates of taxation appropriate to
this activity, as well as incentives for investment realized in this area.
The
concession for the supply of electrical energy implies the authorisation to
have access and to use, in accordance with the approved terms, the land
necessary for the realisation of the works and the appropriate operation of the
concession, subject to the payment of the fees and indemnification
1
The concession for supply of electric energy implies the
authorisation to have access and to use, in accordance with the approved terms,
the land necessary for the realisation the works and appropriate operation (adequate
exploration) of the concession, subject to the payment of the fees and
indemnity that are owing and subject to the fulfilment of the procedures
required in the terms of the Land Law, its Regulation and other legislation
applicable to the attribution of the use right and enjoyment of the land, as
well as the expropriations in the terms of the articles that follow.
2
The concessionaire holds itself as responsible, in the terms
of the applicable law, for relatively getting the constitution (composition)
and landmark of the respective servitude or protection zone relating to the
electric installations.
3
Without prejudice to the provisions of the previous numbers,
the concessionaire can request the destruction of plantations and constructions
that can damage the lines of energy or its exploration.
1
When for reasons of necessity, utility or public interest,
the production, transportation or distribution of electric energy it implies (requires)
the use, occupation, damage or destruction of immoveable properties and related
rights, or a limitation of rights and the imposition of an incumbency on
existing rights related to these properties, the grant of the concession is
conditioned on the prior expropriation and the liquidation of the (just) indemnity,
in order to carry out the (applicable) legal terms.
2
The expropriation foreseen in the previous number is
conditional on the satisfaction of the following requirements, that:
(a)
the concessionaire or petitioner for a concession already
has taken legal caution in the acquisition of the right of use and enjoyment (alternative:
exploitation) of the land or other real properties, by means of agreement
with the holder of the right or proprietor of the asset;
(b)
the acquisition of the immoveable property or the right
related to immoveable property appears to be for public use and necessary for
the realisation of the project to supply electric energy;
(c)
the right or expropriated immoveable property is not
used for a different purpose other than the one that determined the
expropriation;
(d)
if a declaration of public utility (use) is
issued in terms of this article.
3
In the event of immoveable property or a right relating to
it not being used for the purpose for which it was expropriated, the same will
revert to its original owner or user, without an obligation for the
reimbursement of any indemnity that was paid.
4
Cabinet has the power to emit, from the expropriation
proposals, a declaration of public utility relating to the projects of
construction of electric installations carried by private persons (entities) in
accordance with this article and other procedures of the law that is applicable
to such a situation.
CHAPTER VII
SAFETY AND ENVIRONMENTAL PROTECTION
1
The supply of electrical energy shall obey the safety rules
in force as well as the norms of good electricity industry practice. The
electrical installations shall be established in such way as to eliminate all
foreseeable dangers to persons and avoid damage to material goods, to avoid the
disturbance of free and normal circulation in public or private rights of way,
nor affect their security, nor to prejudice other energy or telecommunication
lines or to cause damages to water and other pipelines.
2
In the establishment of an electrical installation, the most
convenient location shall be chosen subject to consideration of environmental
and scenic landscape concerns and the ecological systems traversed.
3
The historical and cultural patrimony of the nation, as well
as other places which have a scientific, ecological, scenic or architectural
value shall, whenever located within areas chosen for the establishment of an
electrical installation, be respected and shall warrant special protective
measures to avoid any damage thereto. The measures which are necessary in
order to reduce the cutting of stands of trees to the absolute minimum shall
also be taken.
1
The realisation of any operations which could put at risk
the safety of the persons carrying out the tasks due to the proximity of
electrical installations, or place in danger or cause disturbances to these
same installations shall only be initiated after the interested parties take
the mutually agreed, necessary precautions.
2
Regulations shall be promulgated setting forth the safety
and protective measures to be adopted to prevent damages to electrical
installations, including those which are important to the national electrical
grid.
CHAPTER VIII
WORKS AND OPERATIONS
1
The concessionaire, or the persons contracted for
construction works or services, may realise works and operations within the
scope of the concession attributed for electrical energy generation,
transmission and distribution, subject to compliance with the applicable legal
and regulatory dispositions.
2
The works, workmanship and manoeuvres (alternative: The
works and related activities) may involve the temporary alteration of the
configurations of places of public use, as well as communication channels or
pavements, in order to substitute aerial cables or underground cables,
installation or removal of posts, cabins, electricity boxes or others.
3
During and until the end of the execution of the works,
workmanship and manoeuvres (works and related activities), the
concessionaire remains obliged:
a) to,
in so far as possible, respect the original tracing (course) and the
materials previously used;
b)
to proceed with putting in place adequate signs and bans (prevention)
in affected places.
c) to
effect the removal of any rubbish created by the works;
d) to
repair and to restore the places affected by the works and related activities.
CHAPTER IX - USE OF
HYDRAULIC VOLUMES (USE OF VOLUMES OF WATER)
Article 34
Access to volumes
of water
1
Without prejudice to the provisions
of competent legislation, in terms of article 9(2) of the current Law, the
concessionaire is guaranteed access, for the purpose of electricity production:
(a)
to use a defined amount of water;
(b)
to remove, to block or to store a defined amount of water of
a hydraulic course, from within or outside of the water bed.
2
Exemption from payment of any, taxes
on the water use is granted, in terms of article 43(2) of Law nr 16/91, of 3 of
August, to the concessionaires who will be authorized the access to the water
volumes taking in account the effect of the production of hydroelectricity in
the terms of this Law.
3
To the concessionaires mentioned in
the previous number, are allowed to get, in the terms of the Land Law and the
respective regulation, the right to the use and enjoy (alternative: exploit)
the necessary areas in order to accomplish the works and the installation of
necessary services linked to the water use.
CHAPTER X - CRIMES,
INFRACTIONS AND SANCTIONS
Article 35
Robbery(Theft)
1
Punishment for theft will be served,
on those that:
a) fraudulently
obtain electric energy or fraudulently deviate electric circuits;
b) use
any fraudulent means that influences the functioning of the electricity meters
or that allows the use energy without it being duly accounted for.
2
Equally punishment for theft will be served, on:
(a)
possessors or holders of copper wire, aluminum or of another
material, as well as components of any electric installation including, without
limitations, devices, equipment, parts and accessories used in the supply of
electric energy, that is not able to prove its origin.Wire made of other
materials or any other part of any electrical installation, as well as any
component of any part of an electrical installation including, without
limitation, appliances, equipment, spare parts and other accessories which are
used in the supply of electrical energy who is unable to prove the legal
provenance of same.
(b)
he possessor of products or articles, which contain copper, aluminium, galvanised steel
and other metals, accessories and materials used in the supply of electrical
energy, who is unable to prove the legal provenance of same.
3
Persons, who, purchase, pawn or receive as a gift or in any
other form acquire, receive or conceal for their own benefit or the benefit of
a third party anything that the person knows to be the product of a crime shall
be considered to be accessories to the crime of theft as provided for under
paragraph a) of clause 35.2. Persons, who assist the thief, make use of the
product or influence other parties to acquire, receive or conceal in good faith
shall also be considered to be accessories to the crime of theft as provided
for under paragraph a) of clause 35.2.
4
Accessories and accomplices of a crime shall be subject to
the same punishment as that provided for the authors of a crime.
5
In the cases provided for under clauses 2 and 3 of this
article, the prison sentences may not be suspended nor substituted by a fine.
Article 36
Damages
Any person who in any way interferes, or voluntarily
disarranges any electrical installation or any part of an electrical
installation in such a way so that the public utility production is impeded
shall be considered to be a perpetrator of the crime of damage and as such, be
punished in accordance with the provisions of the Penal Code and other
legislation in force, provided that the prison sentence may not be less than
one year.
Article 37
Proof of Charges
In the charges for crimes referred to in this chapter and
filed by the agents of authority or by the agents of a concessionaire who is a
public law entity, the requirement of naming the witnesses shall be dispensed
with. These charges will be treated as prima facie proof in court during both
the instruction of the charges and the trial until contradicted by proof
regardless of the type of proceeding that is applicable to the crime charged.
Article 38
Aggravated Contempt
Any person who, being a user of lands adjacent to electrical
energy transmission lines, causes, consents to or maintains in or on such lands
plantings or constructions which prejudice or damage such lines or their
operation and, having been duly notified, fails to destroy such plantings or
constructions, shall, in accordance with the provisions of the Penal Code, be
punished.
Article 39
Other infractions
1
Without prejudice to the criminal
procedure that may be in place of or restated articles 35, 36 and 38, they
constitute punishable infractions in accordance with these terms that regulate
it:
(a)
the exercise of the activity of supplying electric
energy without the necessary concession;
(b)
the establishment and/or operation of an electric
installation without the respective license;
(c)
the non-fulfilment of the respective obligations
imposed to the license holders and/or concession;
(d)
the non-observation (non-recognition) of the present
Law and its various regulations.
2
The consumers may not prevent the concessionaires from
exercising, whether by intermediary by its staff that is duly identified and
credential, their duties in fulfilment of this Law and its regulations. The
supply of energy to anyone causing such an prevention may be interrupted.
Article 40
Procedure in fraud
cases
1
When the concessionaire of the supply of electric energy
verifies or presumes the existence of fraud, it will ensure that the competent
authorities participate in the proceeding regarding the inspection of the
installation for evidence of fraud.
2
If, as a consequence of the inspection, the concessionaire
verifies that there is fraud in existence, it may suspend the supply of
electric energy.
Article 41
Sanctions
The sums of the fines that apply to the crimes
foreseen in articles 35, 36 and 38 of present Law are the following ones:
(a)
3 500 000,00 500 TM or 40 000,00MT, for the crime
foreseen in 35(1)(a)dealing with installations in lowers or and high tension
on average, respectively;
(b)
500 000, 00MT or 11 500 000, 00MT for installed KVA, I
appeal crime foreseen in 35(1)(a) dealing with installation in low or and high
tension respectively, increased of the incumbencies of electric energy on the
basis of the normal consumption of the consumer,
(c)
for the crime referred to in paragraph a) of article 35.2,
45 000 000 Meticals for each kilometer or fraction thereof of cable
or wire unlawfully taken when low tension installations are involved and
168 000 000 Meticals for each kilometer or fraction thereof when
medium to high tension installations are involved, and in relation to any other
part(s) of an electrical installation, three times the cost of replacement or
repair of same;
(d)
for the crime referred to in paragraph b) of article 35.2,
an amount equal to four times the market price of the articles found in the
possession of the perpetrator;
(e)
for the crime referred to in article 36, an amount equal to
three times the cost of replacement or repair of the equipment or appliance;
(f)
for the crime referred to in article 36 and amount equal to
the cost incurred by the concessionaire to remove or destroy the plantings or
constructions.
2. The applicable fine shall be doubled in the
event of a repeat offence. The determination of whether or not an offence is a
repeat offence shall be determined in accordance with the Penal Law, then in
force.
3. The Council of Ministers whenever it is
demonstrated to be necessary.
CHAPTER XI
FINAL & TRANSITIONAL PROVISIONS
Article 43
Celebration of Agreements with Third Parties
No provisions of this Law may be interpreted in such manner
so as to constitute an impediment to the celebration of any agreement or
contract between a concessionaire and a third party for the purpose of the realisation of
works, equipment, installation, technical assistance, management, or the
partial or total operation of the installations, provided that the
concessionaire shall remain responsible as defined in the authorization.
Article 44
Acquired Rights
1
The holders, at the date this Law enters into force, of
concessions for electrical energy supply shall maintain the rights and
obligations established in the respective concession contracts and in respect of
the assets dedicated thereto.
2
presentation by the bearer of comparative documentation of
the existence and validity of the same in the stated period of twelve months
from the date that the present Law comes into force.
3
The present Law safeguards the rights relating to the
supply of electric energy acquired through previous legislation. This is,
however, only is such right: has not been extinguished (has not expired),
abandonment for more than one year, is subject to the terms and applicable
conditions that are similar to the terms of this Law and its regulation.
4
The recognition of acquired rights that are protected by
previous legislation must be complained of within twelve months from the date
the present Law enters into force, with the interested parties to presenting
the necessary information and clarifications.
5
Without prejudice to the provisions in the previous numbers,
those people and entities currently carrying out activities of supplying
electric energy without the benefit of a concession or operating a electric
installation in terms of article 8, have 12 months from the date the present
Law enters into force, to submit the respective requests for the attribution of
a concession and/or licenses of establishment or exploration, as the case may be.
6
The competent authority recognises, through the allocation
of the concession in terms of article 7, or by the emission of the licenses in
terms of article 10 of this Law, the rights acquired in the terms of the
previous numbers.
Article 45
(Reservation of
internationally assumed obligations)
The provisions of present Law do not harm the concurrent
obligations assumed under international commitments with other States or
foreign entities, which are protected by agreements, conventions or contracts
that regulate those.
Article 46
International
Cooperation
The Republic of Moçambique participates in organizations and
events of an international nature in the domain of electric energy and develops
participation shares in investments of regional interest, with the vision of
giving value to the national energy potential.
Article 47
Revocation of the
previous legislation
All previous legislation contrary to the present Law
are revoked, safeguarding the provisions of article 44.
Article 48
Entry in Force
This Law enters into effect thirty days after its
publication.