Draft Bill on Energy

The Department of Energy and Mineral Resources has released a Draft Bill on Energy (the “Energy Bill”) and it is currently at the Government discussion phase. This means that the relevant government authorities are being afforded an opportunity to comment and suggest amendments before the Bill is submitted to Parliament. Considering, the Energy Bill is included as a prioritized bill in the recent National Legislative Program for 2005 it is expected that this intra-government discussion, submission to Parliament, and subsequent enactment will be expedited.

The Energy Bill is framed broadly in terms of Article 33(2) and (3) of the Constitution as an asset under the control of the State that is to be utilized for the purposes of generating the greatest possible prosperity for the people. Energy is simply any ability to use heat, light mechanical, chemical, and electromagnetic energy for work irrespective of whether this is generated from a direct source or is converted from some other source. The Energy Bill also includes new energy forms that result from new technology irrespective of whether the source of that energy is old or new.