Malaysia legislation
Section 2
Section 2
Interpretation
“aerial line” means an electric supply line which is placed above the ground and in open air, and includes service lines;
“arbitration” means arbitration under and in accordance with section 36;
“area of supply” means the area within which a supply authority or licensee is authorized to generate and/or supply electricity;
“authorized officer” means any public officer or officer of the
Commission who is authorized in writing by the Minister for the purposes of this Act;
“authorized person” means a person appointed by the management or the owner of an installation, or by a contractor, acting as an agent for and/or on behalf of the management or owner, to carry out certain duties incidental to the generation, transmission, distribution and utilization of electricity:
Provided that the said person possesses the qualifications prescribed for persons performing those duties, or if no qualifications are prescribed, 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 Commission appointed by the Minister under the Energy Commission Act 2001
[Act 610];
“Chief Executive Officer” means the Chief Executive Officer of the Commission;
“Commission” means the Energy Commission established under the Energy Commission Act 2001;
“communications” has the meaning assigned to it under the
Communications and Multimedia Act 1998 [Act 588];
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“competent person” means a person who holds a certificate of competency issued by the Commission to perform work in accordance with the restrictions, if any, stated in the certificate;
“conductor” means an electrical conductor arranged to be electrically connected to a system;
“consumer” means a person who is supplied with electricity or whose premises are for the time being connected for the purpose of supply of electricity by a supply authority or a licensee;
“consumer electrical equipment” means an appliance, product, wires, device, accessory or any part thereof, that uses low voltage electricity that—
(a)
is sold to the public; or
(b)
does not require special skill in its operation;
“conversion” means the conversion of alternating current to direct current or vice versa by static or dynamic means;
“danger” means danger to health or to human life or limb from shock, burn, or other injury and includes danger to property, installation or equipment resulting from the generation, transmission, distribution or utilization of electricity;
“dead”, applied to any system or part of a system, means that it is not live or alive;
“dishonestly” has the meaning assigned thereto in the Penal
Code [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
of the Land Ordinance of Sabah [Sabah Cap. 68] and for the
State of Sarawak, “the Director” by section 2 of the Land Code of Sarawak [Sarawak Cap. 81];
“electrical product” means any equipment, device or appliance other than consumer electrical equipment;
*NOTE— National Land Code [Act 56 of 1965] has since been revised as the National Land
Code [Act 828] w.e.f 15 October 2020.
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“electrical work” means any work performed or carried out on an electrical installation and includes the installing, constructing, erecting or repairing, the altering of the structure, the replacing of any of its parts, the adding of any part to it or the carrying out of any work for the purposes of its maintenance, but does not include work in relation to—
(a)
the manufacturing of an electrical installation or the assembling in the course of, or in connection with, its manufacture for the purpose of producing a new article;
or
(b)
the oiling, greasing, cleaning or painting of an electrical installation;
“electricity” means electrical energy or electrical power when generated, produced, transmitted, distributed, supplied or utilized for any purpose except for the transmission of any communication or signal;
“electricity distribution network” means a system or part of a system at nominal voltage below 66 kilovolts of electric lines or cables, substations and associated equipment and buildings for distributing electricity regardless of whether a generating plant is connected to such system;
“electricity supply infrastructure” means the licensee’s—
(a)
generating station;
(b)
main supply lines and supply lines;
(c)
substations for converting, transforming or controlling electricity;
(d)
equipment for metering, monitoring or controlling electricity;
and
(e)
any wires, equipment and passages including tunnels and cavities or others used for, or in connection with, the generation, transmission, distribution or supply of electricity;
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“electricity transmission network” means a system or part of a system at nominal voltage of 66 kilovolts and above of main supply lines or cables, substations and associated equipment and building used for conveying electricity—
(a)
from a generating station to a substation;
(b)
from one generating station to another;
(c)
from one substation to another;
(d)
to or from any interconnection point; or
(e)
to the final consumer;
“equipment” includes any item for such purposes as generation, conversion, transmission, distribution or utilization of electrical energy or communications such as machines, transformers, apparatus, measuring instruments, protective devices, wiring materials, accessories, electrical product, consumer electrical equipment and appliances;
“generating station” means any station for generating electricity, including any building and plant used for the purpose, and the site thereof, and includes a site intended to be used for a generating station, but does not include any station for transforming, converting, or distributing electricity;
“generator” means a rotating machine of any type for changing mechanical energy into electrical energy;
“grievous hurt” and “hurt” have the meanings assigned thereto respectively in the Penal Code;
“installation” means the whole of any plant or equipment under one ownership or, where a management is prescribed, the person in charge of the same management, designed for the supply or use, or both, as the case may be, of electricity; including prime movers, if any, with all necessary plant, buildings and land in connection therewith, pipe line, supply line, electricity supply infrastructure, domestic and non-domestic electrical installation and consuming apparatus, if any;
Act 447
“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 to circumstances, as to afford adequate protection from danger;
“licence” means a licence issued under section 9 and includes any licence issued under any other law enforced before the promulgation 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 or between any two conductors in the system;
“mains” means a supply line through which electricity is or can be supplied, whether the line is in use or not;
“main supply line” means any high voltage or extra high voltage supply line for transmitting electricity from a generating station to another generating station or to a substation and includes any building or part of a building used in connection with such supply line;
“management” means the person for the time being placed in charge of an installation;
“meter” means any appliance, instrument, equipment or device used for the purpose of measuring and recording the amount of electrical energy or maximum demand or power factor or any combination;
“Minister” means the Minister for the time being charged with the responsibility for matters relating to the supply of electricity;
“motor” means a motor of any type for the transformation of electrical energy into mechanical energy;
“power factor” means the ratio of active power to the apparent power;
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“power quality” means the characteristics of the electricity at a given point on an electrical system, evaluated against a set of reference technical parameters such as voltage and current magnitude, frequency or waveform;
“power system” means a combined system consisting of an electricity transmission network, electricity distribution network and generating stations connected to the electricity transmission network and includes part of such system;
“prescribed”, unless otherwise specified, means prescribed by regulations made under section 53;
“prime mover” means a machine supplying mechanical energy to a generator;
“private installation” means an installation operated by a licensee or owner solely for the supply of electricity to and use thereof on the licensee’s or owner’s own property or premises, or, in the case of a consumer, taking electricity from a public installation or supply authority, for use only on the licensee’s or owner’s property or premises;
“private safety” means the obviation of danger to individuals or to private property;
“public installation” means an installation operated by a licensee for the supply of electricity to any person other than the licensee:
Provided that the licensee may use electricity for his own purposes where the use is consistent with the terms of the licence;
“public lamp” means an electric lamp used for the lighting of any street or other public place;
“public safety” means the obviation of danger to the general public, to public property and to streets, railways, airports, ports, canals, docks, wharves, piers, bridges, gasworks and their appurtenances and telegraphic, telephonic and other electrical signalling lines owned or operated by the Federal Government or any State Government;
“Registrar” means the Registrar as defined in the National Land
Code;
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“reserved land” means land reserved for a public purpose, railway reserves and forest reserves;
“retail” means the activity of supplying and selling of electricity to end consumers;
“ring fence” means identifying and isolating the activities, assets, costs, revenues and service obligations of a System Operator or a Single Buyer from the licensee referred to in sections 22a and 22b respectively through accounting, financial or legal separation or other means as determined by the Commission so as to ensure that the management of the System Operator or Single Buyer is capable of acting independently from activities under the licence of the licensee and to facilitate effective competition and enhance transparency in the operations of the power system;
“Single Buyer” means any person or a unit, department or division forming part of a licensee who is authorized under subsection 22b(1) responsible for the management of procurement of electricity and related services, which includes planning, scheduling, procuring and settlement, and any other function as may be prescribed;
“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 which the public have a right of way and also the roadway and footway over any public bridge;
“supply authority” means any statutory authority established by an Act of Parliament or any other law to generate and/or supply electricity;
“supply line” means a conductor or conductors or other means of conveying, transmitting or distributing electricity, together with any casing, coating, covering, tube, pipe, insulator or post enclosing, surrounding or supporting the same or any part thereof, or any building or equipment connected therewith for the purpose of transforming, conveying, transmitting or distributing electricity;
“system” means an electrical system in which all the conductors and equipment are electrically or magnetically connected;
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“System Operator” means any person or a unit, department or division forming part of a licensee who is authorized under subsection 22a(1) responsible for system security, operational planning, dispatch of generating units, real time operation and control of the power system and any other function as may be prescribed;
“transformation” means the transformation of voltage from lower to a higher voltage or vice versa.