Energy Legislation and Climate Change

Energy legislation plays a critical role in combating climate change. It provides scope for the development of standards and benchmarks for emission levels, and sets the institutional framework for energy use, distribution and production. Zimbabwe has various pieces of legislation that regulate the energy sector and have implications for climate adaptation. These include the Energy Regulatory Authority Act of 2010, the Electricity Act (Chapter 13:19), the Rural Electrification Fund Act (Chapter 13:20) and the Petroleum Act (Chapter 13:22).

15.8.1 Energy Regulatory Authority Act 2010

The Energy Regulatory Authority Bill of 2010 seeks to establish a single regulatory authority to cover both the electricity and petroleum sectors, which are still being regulated by different and separate bodies under the terms of the Electricity Act (Chapter 13:19) and the Petroleum Act (Chapter 13:22). The Bill seeks to consolidate the functions that were being carried out by the Electricity Regulatory Commission and the Petroleum Regulatory Commission and ensure that the Energy Regulatory Authority performs these. The Authority will play a critical role in regulating

the whole energy sector, both renewable and non-renewable energy sources. Several provisions in the Energy Regulatory Authority Bill have implications for climate change.

In Section 2, the Bill identifies ‘energy sources’ as any source of renewable or non-renewable energy. More importantly, it defines renewable energy as ‘energy generated from natural resources such as sunlight, wind, rain, tides, geothermal heat, plants and biomass which are naturally replenished’. This answers the ever-increasing calls to recognise the importance of developing, producing, applying and distributing renewable energy, rather than continued reliance on fossil fuels and non-renewable energy sources, most of which are responsible for current high levels of greenhouse gas emissions.

Section 7 (1) gives power to the Zimbabwe Energy Regulatory Authority Board, with the agreement of the Minister of Energy and Power Development and after consultation with stakeholders, to declare that any energy source not regulated under any other enactment shall be subject to licensing under the Energy Regulatory Authority Bill. This provision provides scope to declare and license alternative and renewable energy sources in the future, which may be climate friendly. It also means that energy sources not specifically regulated under a specific law, such as biofuels, can be licensed under this Bill. Currently, biofuel production projects are being undertaken in the absence of a specific law to regulate them. However, the provisions of this Act are not specific about the procedures that should be adopted by those producing biofuels. There is a need to adopt regulations that specifically apply to biofuel production.

Section 4 (1) of the Energy Regulatory Authority Bill outlines the functions of the Energy Regulatory Authority. These are to: license and regulate energy industries; identify, promote and encourage the development of renewable energy sources; ensure access to affordable and environmentally sustainable sources of energy to consumers. These are testimony to the need to ensure that the Authority promotes the development of energy sources that do not contribute to climate change, by using technologies that eliminate greenhouse gas emissions.

The other key function of the Authority, under Section 4 (1) (q), is to assess, promote studies about, and advise the Minister of Energy and Power Development and licensees on the environmental impact of energy projects before licensing them. This allows the Authority to carry out EIAs, or advise those who are licenced to conduct them, before energy projects begin. This provides the opportunity to assess the potential impact of, for example, thermal power stations on climate change.

EIAs are important in the fight against climate change and environmental degradation, as they identify the environmental risks that may result from a project. EIAs are regulated under the Environmental Management Act (Chapter 20:27).

Although the Energy Regulatory Authority Bill has important legal provisions that have implications for climate change, it lacks legal provisions to regulate and control the development, production and distribution of specific energy sources, although it does provide a framework within which renewable energy sources can be licensed. In addition, the Bill is too general and falls far short of what such legislation should contain. These shortcomings are exacerbated by the fact that the Bill does not make specific reference to climate change issues in the energy sector, despite being developed when climate change was a topical issue. And while the Bill is broadly progressive, lack of funds and human resources may hinder its effective implementation.

15.8.2 Electricity Act, Chapter 13:19

The Electricity Act provides for the establishment of the Zimbabwe Electricity Regulatory Commission. However, the Commission will be replaced by the Energy Regulatory Authority, to be established under the terms of the Energy Regulatory Authority Bill, which will take over all the functions of the Commission. The Electricity Act also provides for the licencing and regulation of the generation, transmission, distribution and supply of electricity.

Some functions of the Commission with implications on climate change are stated in Section 4.

These include licencing and regulating people who generate, transmit, distribute and supply electricity. Any person who intends to generate more than 100 kW of electricity is required to apply for a licence. The only specific reference to environmental issues is in the Second Schedule of the Act, which provides for the compulsory acquisition of land to facilitate the transmission and distribution of electricity. Before the servitude is granted, the Commission has to consider a report by the Ministry of Environment on the anticipated environmental impact of the works.

The Act does not contain any major provisions on how climate-related challenges in power generation can be handled. It is silent on the implications of electricity generation, production and distribution on climate change. Given that the production of thermal energy is a major source of greenhouse gas emissions, there is a need for legislative guidance on how this will affect Zimbabwe’s commitments within the UNFCCC framework, to which the country has signed.

15.8.3 Rural Electrification Fund Act, Chapter 13:20

The Rural Electrification Fund Act provides for the establishment of the Rural Electrification Fund, which is administered by the Rural Electrification Fund Board. The purpose of the Fund is to facilitate rapid and equitable electrification in rural areas of Zimbabwe, promote rural development, identify rural electrification projects, act as a centre of information, carry out research, and keep abreast of worldwide technological developments in rural electrification.

The other purpose of the Fund is to give attention to off-grid, stand-alone technologies to supply electricity to rural areas. Rural electrification is important as it reduces reliance on firewood, which depletes forests that act as carbon sinks. The Rural Electrification Fund Board is responsible for giving financial assistance to rural electrification projects. In Section 2 of the Act, an electrification project is defined as a project in a rural area that entails the construction of works for the distribution of electricity and the financing of its end-use infrastructure, including the construction of isolated mini-hydro electricity, solar power and wind generators for centres away from the national grid.

It is evident that the legislation was formulated with the objective of promoting renewable energy sources in rural areas not connected to the national electricity grid. These projects are sustainable technologies, as they do not cause significant greenhouse gas emissions. In addition, the legislation provides for the gathering of information, research and technological advancement. This means that the Act ensures that rural communities learn from other countries, where new renewable technologies are being tested and applied.

In practice, the provisions of the Act have been implemented and applied through the Rural Electrification Agency, which has been implementing alternative and renewable energy projects, for example solar energy to schools, clinics and the homesteads of chiefs. In addition, a 6% levy is being paid by all electricity consumers in Zimbabwe to support rural electrification projects.

However, Zimbabwe’s suppressed economic conditions have adversely affected the implementation of the programme objectives. Limited funding causes problems for the implementation of laws on rural electrification projects. The rural electrification levy imposed on electricity consumers has not translated into massive rural electrification. Further, the sanctions imposed on Zimbabwe have reduced the ability of local investors to attract the foreign investment and technology required in the sector.

15.8.4 Petroleum Act, Chapter 13:22

The Petroleum Act regulates and licenses the petroleum industry. Section 2 defines petroleum products as petrol, diesel fuel, paraffin and liquid petroleum gas, among others. Section 4 of the Act states some functions of the Petroleum Regulatory Authority critical to climate change. These include promotion of the production, procurement and sale of petroleum products, and the advancement of technology relating to the petroleum industry.

No person is allowed to produce, sell or procure petroleum products without a licence. In Section 5 (2) and 5 (3), the Act states that protect consumers, the Authority shall fix safety, health and environmental standards that the licensee must adhere to. Further, the Authority has the power to develop consumer protection standards, while the Minister of Energy has the power to introduce regulations.

The petroleum industry has great implications for climate change, especially the production of petrol and diesel from fossil fuels. The Act has no specific provisions on this, but there are general provisions about the development of technology relating to the petroleum industry, without stating whether this technology will be new technologies that reduce greenhouse gas emissions. The only provision in the Act that remotely seeks to protect the environment deals with the powers of the Authority to put in place safety, environmental and health standards to protect consumers. It is hoped that the Authority can use this to put in place measures and standards that make the petroleum industry reduce its climate change footprint by adopting cleaner methods and technologies.

As stated earlier, all projects that relate to the production, storage and distribution of petroleum should be subjected to an EIA, under the terms of the Environmental Management Act (Chapter 20:27). This offers some hope that climate change issues may be considered before projects to produce petroleum products begin. A key limitation of the Petroleum Act is that it does not make reference to EIAs, which leaves investors in the petroleum sector with no environmental guidance for their activities. Further, the Petroleum Act does not explicitly mention fuels (petrol and diesel) generated from renewable sources, such as bio-diesel. It contains general guidelines on petroleum products, with a bias towards fossil fuels.

While the Energy Regulatory Authority Act provides scope for regulating the various facets of the energy sector, there is a need to develop specific regulations to support the Act and set explicit

procedures and parameters under which technologies will be promoted, in light of the challenges posed by climate change.