Recently the Environmental Management Agency (EMA) indicated that anyone using a generator illegally would pay a fine of ZWL$100 000. EMA had said such would apply for generators above 5kVA. EMA had even given a deadline of 2 February 2023 for those who were non-compliant. EMA had enacted the ZWL$100 000 fine based on Section 64 of the Environmental Management Authority Act. This development was met with widespread public outcries. Many Zimbabweans failed to understand the rationale of paying for a license to operate a generator. EMA had to make interesting clarifications later on; we discuss that and more in this article.
EMA Issued A Communique Making Some Clarifications
On the 13th of February 2023 issued a communique making the following clarifications:
The Environmental Management Agency (EMA) would like to correct a notion that it licenses any generator above 5kVA, which has caused unnecessary panic among members of the public especially those using generators at household level or for domestic purposes.
Section 64 of the Environmental Management Act (Chapter 20:27) clearly stipulates that, “No owner or operator of a trade or any establishment shall emit a substance or energy which causes or is likely to cause air pollution without an emission license”, thus clearly indicating that this is an operation at commercial level or industrial level.
The application of operation is further buttressed under Statutory Instrument 72 of 2009 (Environmental Management [Atmospheric Pollution Control] Regulations, 2009), where an appliance means any stationary fuel-burning appliance or apparatus which is capable of consuming more than 5 kilograms per hour of fuel or other combustible matter, whether such fuel or combustible matter is a solid, liquid, or gaseous state.
In this case, a generator becomes the appliance and if it is consuming more than 5 kilograms per hour of fuel, and being used for commercial purposes or industrial use, then it must be licensed by the Agency. On the other hand, the law clarifies that the appliance, and in this case generators, are defined on fuel consumption basis and NOT on power basis that the public has been made to understand.
On that note the Agency wants to implore members of the public to always look at the brighter side of this piece of legislative narrative which seeks to prevent air pollution and ensure members of the public enjoy access to clean environment (air) which is not harmful to health as enshrined in the Constitution of Zimbabwe and the Environmental Management Act (Chapter 20:27). Also prevention of air pollution dovetails towards the fight against climate change where as a country we want to achieve our Nationally Determined Contributions (NDCs), of 40 percent per capita emissions reduction across all sectors of the economy below the projected business as usual scenario by 2030.
On the other hand, may those that have been found on the wrong side of the law desist from causing public panic by disseminating incorrect information, and at the same time for the members of the public to engage the Agency through its various platforms including its website www.ema.co.za when not in the clear about certain environmental law implications.
ZERA Weighed In As Well
In addition to that, on the 13th of February 2023, ZERA also issued the following communique:
The Zimbabwe Energy Regulatory Authority (ZERA), following indications that the registration of standby generators attracts a fee of ZWL$100 000, hereby informs the public that such registration is at no cost.
In terms of the Electricity Act 2002 (Chapter 13:19) and Statutory Instrument 103 of 2008 all owners of standby generators or generating equipment with a capacity of 100kW and above, are required to be registered with ZERA.
This is to ensure public safety in the operation of the grid in particular, to prevent the danger posed to Electricity Supply Industry employees from the possibility of back-feeding of power into the grid from these generators during outages and maintenance.
Information on registration is obtainable from the Authority and the website www.zera.co.zw.
What Is The Bottom Line?
Apparently, the confusion that occurred was unnecessary because the regulations or laws are quite clear. Here is the summary of it all:
- If you are operating an electricity generator at the household level or for domestic purposes you are NOT required to get a license.
- EMA licensing is only mandatory when you are operating any generator above 5kVA which is being used for commercial purposes or industrial use.
- ZERA registration is mandatory only when you are operating a standby generator or generating equipment with a capacity of 100kW and above. (This applies whether the generator is at the household level or for domestic purposes or is being used for commercial purposes or industrial use.)
- ZERA registration is free.
- The EMA licensing and ZERA registration serve different purposes as indicated by the communique we discussed. Thus you should not conflate the two.
That is what you should know regarding the issue of electricity generators and licenses in Zimbabwe. Often time, especially in Zimbabwe many people rush to believe what they hear on social media. Many people on social media are obsessed with getting engagement. Thus they will most likely sensationalize things to get attention. It is always best to check with the official platforms where applicable. If you are operating an electricity generator at the household level or for domestic purposes you are NOT required to get an EMA license. However, if your household or domestic generator has a capacity of 100kW and above, you must get registered with ZERA. That is what is at play for household or domestic electricity generator owners.
