LAWS OF MALAYSIA - Universiti Tunku Abdul …

1 1 Electricity SupplyLAWS OF MALAYSIAREPRINTAct 447 ELECTRICITY SUPPLYACT 1990 Incorporating all amendments up to 1 January 2006 PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIAUNDER THE AUTHORITY OF THE REVISION OF laws ACT 1968IN COLLABORATION WITHPERCETAKAN NASIONAL MALAYSIA BHD20062 ELECTRICITY SUPPLY ACT 1990 Date of Royal .. 22 August 1990 Date of publication in the August 1990 PREVIOUS REPRINTF irst OF MALAYSIAAct 447 ELECTRICITY SUPPLY ACT 1990 ARRANGEMENT OF SECTIONSPART IIESTABLISHMENT3.(Deleted)PART IIIFUNCTIONS, DUTIES AND POWERS OF and of entry by warrant or otherwise, inspection, examination, seizure, of of , etc. an offence4 laws of MalaysiaACT 447 PART IVLICENSED AND REGISTERED required for use of installations: terms, conditions and contentsof to enter on and examine to enter on land for purposes of lines and other equipment on State , repair and upgrading of or alteration of supply line, of way-leave or cessation of supply.

2 Suspension of and revocation of of use to specified of equipment from distress and of inspections of installationsPART VCOMPETENT in chargePART VAEFFICIENT USE OF to determine standards, to meet to meet requirementsPART IVSUPPLY BY to supply on to duty to supply to fix tariffs5 Electricity may levy to recover to require of security with agreement with respect to of of maximum prices for reselling for supply of electricity to be ascertained by appropriate meterPART VIINOTIFICATION OF ACCIDENT OR accidents to be reported. Investigation by the CommissionPART VIIIENQUIRY AND in relation to enquiry and of holding IXOFFENCES AND of supply of of for for informationSection6 laws of MalaysiaACT 447 PART in execution of interference with government signalling against atmospheric of connection with the in case of dangerous defect in installation or part of employment of powers of to declare sources of waterPART XIPOWER TO MAKE to make regulationsPART provision and restrictions attached to licences issued priorto this of Electricity Act 1949 and Electrical Inspectorate Act 1983and savings in respect thereofFIRST SCHEDULESECOND SCHEDULETHIRD

3 SCHEDULE7 Electricity SupplyLAWS OF MALAYSIAAct 447 ELECTRICITY SUPPLY ACT 1990An Act to provide for the regulation of the electricity supplyindustry, the supply of electricity at reasonable prices, the licensingof any electrical installation, the control of any electrical installation,plant and equipment with respect to matters relating to the safetyof persons and the efficient use of electricity and for purposesconnected therewith.[1 September 1990, (B) 494/1990]BE IT ENACTED by Seri Paduka Baginda Yang di-Pertuan Agongwith the advice and consent of the Dewan Negara and DewanRakyat in Parliament assembled, and by the authority of the same,as follows:PART IPRELIMINARYS hort title and application1.(1) This Act may be cited as the Electricity Supply Act 1990.

4 *(2) This Act shall apply throughout MALAYSIA ; however theMinister may by order suspend the operation of the whole or anyof the provisions of this Act in any this Act, unless the context otherwise requires aerial line means an electric supply line which is placed abovethe ground and in open air, and includes service lines;*NOTE The operation of the whole of the Electricity Supply Act 1990 [Act 447] is suspendedin the State of Sarawak with effect from 1 September 1990 see (A) 272 of MalaysiaACT 447 arbitration means arbitration under and in accordance withsection 36; area of supply means the area within which a supply authorityor licensee is authorized to generate and/or supply electricity; authorized officer means any public officer or officer of theCommission who is authorized in writing by the Minister for thepurposes of this Act.

5 Authorized person means a person appointed by the managementor the owner of an installation, or by a contractor, acting as anagent for and/or on behalf of the management or owner, to carryout certain duties incidental to the generation, transmission,distribution and utilization of that the said person possesses the qualification sprescribedfor persons performing those duties, or if no qualifications areprescribed, is competent for the purpose for which he is employed,the burden of proof of competency being on the employer; Chairman means the Chairman of the Energy Commissionappointed by the Minister under the Energy Commission Act 2001[Act 610]; Commission means the Energy Commission established underthe Energy Commission Act 2001; competent person means a person who holds a certificate ofcompetency issued by the Commission to perform work in accordancewith the restrictions, if any, stated in the certificate; conductor means an electrical conductor arranged to beelectrically connected to a system; consumer means a person who is supplied with electricity orwhose premises are for the time being connected for the purposeof supply of electricity by a supply authority or a licensee; conversion means the conversion of alternating current todirect current or vice versa by static or dynamic means.

6 Danger means danger to health or to human life or limb fromshock, burn, or other injury and includes danger to property,installation or equipment resulting from the generation, transmission,distribution or utilization of electricity;9 Electricity Supply dead , applied to any system or part of a system, means thatit is not live or alive; dishonestly has the meaning assigned thereto in the PenalCode [Act 574]; District Land Administrator has the meaning assigned to Land Administrator by section 5 of the National Land Code[Act 56 of 1965] and the meaning of Collector by section 4 ofthe Land Ordinance of Sabah [Sabah Cap. 68] and for the Stateof Sarawak, the Director by section 2 of the Land Code ofSarawak [Sarawak Cap.]

7 81]; electricity means electrical energy or electrical power whengenerated, produced, transmitted, distributed, supplied or utilizedfor any purpose except for the transmission of any communicationor signal; equipment includes any item for such purposes as generation,conversion, transmission, distribution or utilization of electricalenergy, such as machines, transformers, apparatus, measuringinstruments, protective devices, wiring materials, accessories andappliances; extra high voltage means a voltage normally exceeding 3,000volts; generating station means any station for generating electricity,including any building and plant used for the purpose, and the sitethereof, and includes a site intended to be used for a generatingstation, but does not include any station for transforming, converting,or distributing electricity; generator means a rotating machine of any type for changingmechanical energy into electrical energy; grievous hurt and hurt have the meanings assigned theretorespectively in the Penal Code; high voltage means a voltage normally exceeding 600 voltsbut not exceeding 3,000 volts.

8 Installation means the whole of any plant or equipment underone ownership or, where a management is prescribed, the personin charge of the same management, designed for the supply or use,10 laws of MalaysiaACT 447or both, as the case may be, of electricity; including prime movers,if any, with all necessary plant, buildings and land in connectiontherewith, pipe line, supply line and consuming apparatus, if any; insulated means covered or protected by insulating material; insulating , used as an epithet to characterize any substance,means of such size, quality and construction, according tocircumstances, as to afford adequate protection from danger; licence means a licence issued under section 9 and includesany licence issued under any other law enforced before thepromulgation of this Act; licensee means a person licensed under section 9; live or alive , applied to a system or any part of any system,means that a voltage exists between any conductor and earth orbetween any two conductors in the system; mains means a supply line through which electricity is or canbe supplied, whether the line is in use or not.

9 Main supply line means any high voltage or extra high voltagesupply line for transmitting electricity from a generating stationto another generating station or to a substation and includes anybuilding or part of a building used in connection with such supplyline; management means the person for the time being placed incharge of an installation; Minister means the Minister for the time being charged withthe responsibility for matters relating to the supply of electricity; motor means a motor of any type for the transformation ofelectrical energy into mechanical energy; prescribed , unless otherwise specified, means prescribed byregulations made under section 53; prime mover means a machine supplying mechanical energyto a generator;11 Electricity Supply private installation means an installation operated by a licenseeor owner solely for the supply of energy to and use thereof on thelicensee s or owner s own property or premises, or, in the case ofa consumer, taking electricity from a public installation or supplyauthority, for use only on the licensee s or owner s property orpremises; private safety means the obviation of danger to individuals orto private property.

10 Public installation means an installation operated by a licenseefor the supply of electricity to any person other than the licensee:Provided that the licensee may use electricity for his own purposeswhere the use is consistent with the terms of the licence; public lamp means an electric lamp used for the lighting ofany street or other public place; public safety means the obviation of danger to the generalpublic, to public property and to streets, railways, airports, ports,canals, docks, wharves, piers, bridges, gasworks and theirappurtenances and telegraphic, telephonic and other electricalsignalling lines owned or operated by the Federal government orany State government ; Registrar means the Registrar as defined in the National LandCode; reserved land means land reserved for a public purpose, railwayreserves and forest reserves; State land does not include reserved land and alienated land; street includes any way, road, lane, path, square, court, alley,passage or open space, whether a thoroughfare or not, over whichthe public have a right of way and also the roadway and footwayover any public bridge; supply auth