Data-center law in Angola

Decreto Presidencial n.º 117/20 de 22 de Abril de 2020 (Regulamento Geral de Avaliação de Impacte Ambiental e do Procedimento de Licenciamento Ambiental)

Effective 2020-04-22 · Applies to both

Article 3 of the Decree revokes Decreto n.º 51/04 (on environmental impact assessment) and Decreto n.º 59/07 (on environmental licensing). Article 4 has the Decree enter into force on the date of its publication.

The annexed Regulamento's Article 4 subjects the licensing of agricultural, forestry, industrial, commercial, residential, tourism, or infrastructure projects that, by their nature, dimension, or location, have implications for environmental and social balance, to a prior Environmental Impact Assessment (AIA) process requiring an Environmental Impact Study (EIA) submitted for approval to the competent authority responsible for the environment.

Article 7 categorises activities into five tiers, from Category A (full EIA with independent expert review) to Category D (exempt from the AIA and licensing procedure) and Category E (a fatal-flaw screening).

Article 43 makes non-observance of the Regulation's requirements for the AIA process punishable by a fine in Kwanzas graduated between a minimum of Kz 500,000 and a maximum of Kz 500,000,000 depending on the gravity of the transgression, the fault, and the level of environmental damage caused; Article 43(3) separately scales a fine for beginning implementation or operation before a licence issues, or altering a production or exploitation system without one, to a percentage of the project's investment value (10% up to Kz 90,000; 7% for Kz 90,000 to Kz 500,000; 5% for Kz 500,000 to Kz 1,000,000; 3% above Kz 1,000,000).

Article 45 authorises accessory sanctions including seizure of machinery, closure of installations, and debarment from public procurement. Article 52 doubles the minimum and maximum fine and accessory-measure limits on recidivism.

Source: Full text of law

Lei n.º 27/15, de 14 de Dezembro de 2015, que altera a Lei n.º 14-A/96, de 31 de Maio (Lei Geral de Electricidade)

Applies to both

Article 3(6) subjects production, distribution, and transport of electrical energy destined wholly or partly to public supply to a public-service concession regime. Article 3(7) subjects distribution and commercialisation of electricity in isolated electrical systems to a licence regime instead. Article 3(8) subjects production, distribution, transport, and commercialisation of electricity generally to regulation.

Article 9 establishes the Sistema Eléctrico Público (SEP), comprising the national transport network, vinculated production installations, and distribution and commercialisation networks. The national transport network operates under a public-service concession (Article 9(4) and (5)), and production operates under concession or free competition depending on whether it is destined for public supply (Article 9(7)).

Self-production or independent production outside the SEP is developed only under the rules the installations' licensing regulation establishes (Article 9(8)). Such a producer that supplies the SEP is required to enter an Energy Purchase Agreement with the entity managing the SEP (Article 9(9)).

Article 10 gives the Rede Nacional de Transporte's concession-holder the power to coordinate the SEP's agents and to suspend an installation's operation or require increased production according to consumption needs and contractual terms. Article 11 permits use of the SEP's installations and networks under conditions the regulations in force set or the interested parties agree, homologated by the supervising body after the regulatory entity's prior validation.

Article 12 gives the consumer rights including access to their own consumption data, indemnification for supply failures not attributable to force majeure, the consumer's own fault, or a third party's act, and the right to change electricity commercialiser without cost.

Source: Full text of law