Section 2

is sold to the public; or

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;

“dishonestly” has the meaning assigned to it under the Penal Code [Act 574];

“Director” has the meaning assigned to it under the Land Ordinance;

“electrical product” means any equipment, device or appliance other than consumer electrical equipment;

“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 —

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

the oiling, greasing, cleaning or painting of an electrical installation;

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“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 of 33 kilovolts or below 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 —

generating station;

main supply lines and supply lines;

substations for converting, transforming or controlling electricity;

equipment for metering, monitoring or controlling electricity;

and

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;

“electricity transmission network” means a system or part of a system at nominal voltage of 34 kilovolts and above of main supply lines or cables, substations and associated equipment and building used for conveying electricity —

from a generating station to a substation;

from one generating station to another;

from one substation to another;

to or from any interconnection point; or

to the final consumer;

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“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 a station consisting one or more generating units 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;

“generating unit” means any equipment used for, or for purposes connected with, the generation or production of electricity;

“Government” means the Government of the State of Sabah;

“grievous hurt” and “hurt” have the meanings assigned to it respectively under 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 management, designed for the supply or use, or both, as the case may be, of electricity; including generating unit, if any, with all necessary plant, buildings and land in connection therewith, pipeline, supply line, electricity supply infrastructure, domestic and non-domestic electrical installation 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 to circumstances, as to afford adequate protection from danger;

“licence” means a licence issued under section 8;

“licensee” means a person licensed under section 8;

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“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 electricity transmission or distribution network 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 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 including its associated equipment and communication facilities required to provide remote access to the metered data;

“Minister” means the Minister 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;

“non-domestic electrical installation” means a set of wires and associated fittings, equipment and accessories that is installed in a place for the conveyance, control or use of electricity that is, or is to be, or has been, supplied for consumption in the place, but does not include —

any electricity supply infrastructure owned or operated by a licensee;

any wires, fittings, equipment or accessories connected to and beyond any electrical outlet at which fixed wiring terminates, other than any such outlet used to connect sections of fixed

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wiring; or

private dwelling premises;

“non-domestic electrical installation owner or operator” means a person who owns, uses, works or operates a non-domestic electrical installation;

“power factor” means the ratio of active power to the apparent power;

“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;

“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 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;

“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;

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“Registrar” has the meaning assigned to it under the Land Ordinance;

“reserved land” means land reserved under any written law;

“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 30 and 31 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 optimum cost of generation, effective competition and enhance transparency in the operations of the power system;

“safety management plan” means the safety, reliability, maintenance and technical management plan in respect of electricity supply infrastructure;

“safety management programme” means the safety, reliability, maintenance and technical management programme in respect of non-domestic electrical installation;

“Single Buyer” means any person or a unit, department or division forming part of a licensee who is authorized under subsection 31(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 by the Commission;

“State land” has the meaning assigned to it under the Land Ordinance;

“street” or “road” includes any highway, street, road, bridge, thoroughfare, parade, square, court, alley, lane, bridle path, foot way, passage or open place whether situated on land leased from the State or not, used and frequented by the public or to which the public have, or are permitted to

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have access;

“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;

“System Operator” means any person or a unit, department or division forming part of a licensee who is authorized under subsection 30(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 by the Commission;

“title” means a document of title kept by the Registrar; and

“transformation” means the transformation of voltage from lower to a higher voltage or vice versa.