Data-center law in Namibia

Urban and Regional Planning Act 5 of 2018

Effective 2020-09-03 · Applies to both

The Act establishes a national spatial development framework, regional and urban structure plans, and zoning schemes that govern the use of land; a zoning scheme must conform to the applicable urban structure plan, and rezoning of land not already in accordance with an approved zoning scheme must be approved before development.

Section 130(1) makes it an offence to develop, subdivide, or consolidate land contrary to a zoning scheme, to develop land without having obtained approval under the Act, or to develop land contrary to a condition of an approval, punishable on conviction by a fine of up to N$100,000 or imprisonment of up to ten years, or both.

Source: Full text of law

Environmental Management Act 7 of 2007

Effective 2012-02-06 · Applies to both

Section 27(1) lets the Minister, by notice in the Gazette, list activities that may not be undertaken without an environmental clearance certificate. Section 31(1) provides that, despite any other law, a competent authority may not issue an authorisation, such as a building or planning approval, unless the proponent has already obtained an environmental clearance certificate for the listed activity, and an authorisation issued contrary to that rule is invalid.

Sections 32 to 38 set the application, registration, assessment, and decision process the Environmental Commissioner follows before issuing, refusing, or attaching conditions to a certificate, including a public hearing where an assessment is required. Section 34(3) makes it an offence, punishable by a fine of up to N$500,000 or imprisonment of up to 25 years, or both, to fail to comply with a condition attached to an environmental clearance certificate.

Source: Full text of law

Electricity Act 4 of 2007

Effective 2007-11-15 · Applies to both

Section 17(1) provides that, despite any law to the contrary and subject to the Act, no person may establish or carry on an undertaking for the generation, trading, transmission, supply, distribution, importation, or exportation of electricity unless that person holds a licence issued under the Act by the Electricity Control Board, with a separate licence required for each activity.

Section 18 exempts, from the licensing requirement, generation for a person's own consumption by a plant with an installed capacity below 500 kVA, and a distribution network below 500 kVA of estimated total demand serving only the person's own premises; a person distributing above that threshold on their own premises may apply to the Board for an exemption, and any electricity generated or distributed under an exemption must still comply with the Board's rules and codes and with health, safety, and environmental standards under other law.

Section 42 makes it an offence, punishable by a fine of up to N$16,000 or imprisonment of up to two years, or both, to contravene or fail to comply with a provision of the Act, an order or decision of the Board, or a licence condition, where no other penalty is elsewhere prescribed by the Act.

Source: Full text of law

Foreign Investments Act 27 of 1990

Effective 1992-07-07 · Applies to private

Section 4 lets the Minister issue a Certificate of Status Investment where the investment of foreign assets in Namibia is an eligible investment, which section 5 defines by reference to a minimum value the Minister sets by Gazette notice, or, for a joint venture, a foreign national holding at least ten percent of the participating share or being actively involved in management.

Sections 8 to 13 give the holder of a Certificate rights including the availability of foreign currency for certain payments and for the transfer of profits and sale proceeds, and compensation in case of expropriation. The Act and its 1993 amending Act are both repealed by the Namibia Investment Promotion Act 9 of 2016, but that Act has not yet been brought into force, so the 1990 Act remains the operative Certificate of Status Investment regime.

Source: Full text of law