CHAPTER 456 - RAILWAYS (DEVIATIONS) ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Railways (Deviations) Regulations
Radio communications (Licence Fees) Regulations, 2008
RAILWAYS (DEVIATIONS) REGULATIONS
[Section 10]
Arrangement of Regulations
Regulation
1. Title
2. Notice of proposed deviation
3. Lodging of objections
4. Constitution of Board to consider objections
5. Hearing of objections
6. Report to Minister
7. Notification to Registrar of Lands and Deeds as to land affected
8. Registration of notification
9. Description of land affected
10. Prescribed fees
Act 13 of 1994,
GN *?? of 1935,
GN 89 of 1957,
GN 318 of 1964,
GN 497 of 1964,
SI 154 of 1965.
[Regulations by the Minister]
These Regulations may be cited as the Railways (Deviations) Regulations.
2. Notice of proposed deviation
Upon application to the Minister for consent to a proposed deviation, the railway company shall publish in the Gazette and in one newspaper circulating in Zambia particulars in Form 1 in the First Schedule.
[Am by GN 318 of 1964.]
Any person who wishes to object to the proposed deviation shall, within three months of the date of publication of the later notice made under regulation 2, or within such lesser period as the Minister may agree in any particular case, send his objection in writing together with the reasons therefor to the Permanent Secretary, Ministry of Power, Transport and Works.
[Am by GN 318 of 1964; SI 154 of 1965.]
4. Constitution of Board to consider objections
For the purpose of considering objections made under regulation 3 to any proposed deviation, the Minister may constitute an ad hoc Board consisting of a Chairman and such other persons as the Minister may appoint. The Minister may appoint such person as he may think fit to be the secretary of the Board.
[Am by GN 318 of 1964.]
It shall be the duty of the Board without undue delay to consider any objections which may be lodged within the prescribed time and in the prescribed manner, and to hear all parties whom the Board shall consider to be sufficiently concerned to entitle them to be heard. No objections shall be considered unless lodged within the prescribed period.
The Board shall, after considering the proposed deviation and any objections thereto, forward the same to the Minister together with its recommendations thereon.
[Am by GN 318 of 1964.]
7. Notification to Registrar of Lands and Deeds as to land affected
Notification under section 3(5) of the Act by the railway company to the Registrar of Lands and Deeds shall be given in the following manner—
(a) an initial notification in Form 2 in the First Schedule, or as near thereto as circumstances permit; and
(b) a memorandum in Form 3 in the First Schedule, or as near thereto as circumstances permit, together with a diagram of the deviation approved by the Surveyor-General.
[Am by GN 89 of 1957]
8. Registration of notification
(1) The initial notification referred to in regulation 7(a) shall be registered by the railway company in the Lands and Deeds Registry in the same manner as a deed affecting land is registered as soon as the Minister shall give his consent to the deviation.
(2) The memorandum referred to in regulation 7(b) shall be registered in the Lands and Deeds Registry in the same manner as a deed affecting land is registered within six months from the date of completion of the deviation. A separate memorandum with diagram attached shall be registered in respect of each deviation.
[Am by GN 318 of 1964.]
9. Description of land affected
The Registrar of Lands and Deeds may decline to register any initial notification which does not sufficiently describe the land to be affected by the deviation. For the purposes of this regulation, a reference to the number of a surveyed farm or subdivision thereof or surveyed plot or subdivision thereof or to the number or name of any other surveyed piece of land to be affected by a deviation shall be a sufficient description.
{mprestriction ids="2,3,5"}
The fees prescribed in the Second Schedule shall be paid on presentation of documents for registration.
[Regulations 2 and 7]
PRESCRIBED FORMS
FORM 1
THE RAILWAYS (DEVIATIONS) REGULATIONS
NOTICE OF PROPOSED DEVIATION
Take notice that the ……………………………………………………………………………………………...
Railway Company has made application to the Minister for consent to a deviation of the …………………
Railway from a point ………………………………………………………………………………………….....
to a point…………………………………………………………………………………………………………..
The deviation will pass through the following lands:
Farm No……………………………………………………………
Farm No. ………………………………..…………………….etc.
An engineering plan of the deviation may be inspected at the following places:
………………………………………………………………..
………………………………………………………………..
Any person who wishes to object to the proposed deviation shall on or before the..................................... day of .......................................... 19........... send his objection in writing together with the reasons therefor to the Permanent Secretary, Ministry of Power, Transport and Works.
………………………………………………………………..
Manager……………………………………….……………..
…………………………………………..Railway Company
Date..........................................
[Am by SI 154 of 1965.]
FORM 2
THE RAILWAYS (DEVIATIONS) REGULATIONS
To the Registrar of Lands and Deeds
INITIAL NOTIFICATION OF PROPOSED DEVIATION
Take notice that on the .............................................................. day of .................................................................. 19........... the Minister gave his consent to the deviation on the ........................................................................ section (here state the nearest station or siding at each end of the proposed deviation) of the .................................................. (here state name of Railway Company) system whereby the undermentioned pieces of land are affected.
Particulars of Land Affected:
Dated the ....................................... day of ............................................ 20...
Signature of representative............................................
Name of Railway Company...........................................
Office or position of representative................................
[Am by SI 154 of 1965.]
FORM 3
THE RAILWAYS (DEVIATIONS) REGULATIONS
To the Registrar of Lands and Deeds
MEMORANDUM AND DIAGRAM OF COMPLETED DEVIATION
The diagram annexed hereto is a diagram approved by the Surveyor-General of the deviation on the
………………………………………………………………………………………………………..section of the …………………………………………………………………………system specified in the Initial Notification
dated the ......................................... day of .......................................... 20...
Dated the....................... day of ........................20...
Signature of representative............................................
Name of Railway Company...........................................
Office or position of representative................................
[Am by SI 154 of 1965.]
[Regulation 10]
PRESCRIBED FEES
Fee units
Upon registration of initial notification .
15
Upon registration of subsequent memorandum and diagram. .
15
[Am by Act 13 of 1994.]
RADIO COMMUNICATIONS (LICENCE FEES) REGULATIONS, 2008
[Sections 6, 7 and 20]
Arrangement of Regulations
Regulation
1. Title
2. Application
3. Licence fee
4. Revocation of SI No. 88 of 2001
SI 3 of 2008.
The Regulations may be cited as the Radiocommunications (Licence Fees) Regulations, 2008.
These Regulations apply to a person who applies for a licence under section 6.
An applicant shall submit, to the Authority, an application in respect of the relevant radiocommunication service the applicant intends to operate, accompanied by a licence fee set out in the First Schedule.
4. Revocation of SI No. 88 of 2001
The Radiocommunications (Licence Fees) Regulations, 2001 are hereby revoked.
[Regulation 3]
RADIOCOMMUNICATION LICENCE FEES
PART I
ANNUAL FEE
Type of Station
Fee Units
1.
Citizen Band
166
2.
Disk Licence
139
3.
Cordless Telephone up to 200MTS
208
4.
Amateur
347
5.
Aircraft
697
6.
Maritime Coast Station
417
7
Maritime Ship Station
278
8.
Aeronautical (Commercial)
1389
9.
Cross Boarder
556
10.
Paging Receiver
167
11.
Aeronautical (non-Commercial)
417
12.
Repairs’ (non-Commercial)
1,389
13.
Base/Mobile Station on frequencies above 20 MHZ
347
14.
Fixed HF Exclusive frequency
694
15.
Fixed HF Shared frequency
483
16.
VHF Extra Frequency
138
17.
Broadcasting TV
27,778
18.
Broadcasting FM
13,889
19.
Broadcasting MW
13,889
20.
Broadcasting SW
13,889
21.
Application Processing Fee
206
22.
HF Extra Frequency Exclusive
206
23.
HF Extra Frequency Shared
167
24.
Paging (Commercial)
2,778
25.
Paging Basic Transmitter (non-commercial)
347
26
Satellite news gathering (SNG) per year
19,875
27.
Duplicate Licence
111
28.
Novice Amateur Licence
139
29.
Radio Model Licence
139
30.
Licence to Possess
111
31.
Satellite News Gathering –SKY
3,975
32.
Radio Telephone Operators Restricted Certificate (Land)
139
33.
Radio Telephone Operators Restricted Certificate (Martime)
139
34.
Standard Frequency
139
35.
Radio Location
278
36.
Common Carrier Microwave Stations per transmitter
1,389
37.
Paging Alarm Transmitter
208
38.
Paging Base Transmitter (Commercial)
694
39.
Satellite Earth Station (commercial)
13,250
40.
Satellite Earth Station (non-commercial)
6,625
41.
Community Repeater
2,778
42.
GSM Spectrum per channel of 200KHz
23,889
43.
Other spectrum fee
As specified in the Second Schedule
PART II
INSPECTION FEES
Category
Fee Units (per inspection)
1. Installations
278
2. Equipment repairs workshop
278
3. installations and Equipment repairs Workshop
278 Notes:
1. Annual fees be paid annually on or before the anniversary date of the issuance of the licence.
2. All fees shall unless otherwise indicated herein, be subject to value added tax in accordance with the Value Added Tax Act, of the Laws of Zambia.
3. Costs for an inspection out of Lusaka shall include reasonable travel costs incurred for that inspection.
[Regulation 3]
Spectrum fee = fee factor multiplied by total bandwidth (MHz) mulitiplied by re-use factor multiplied by sharing factor, that is to say;
13S =F*B (MHz) *p * ä
Where
Sf–stands for spectrum fee;
F–stands for the factor as set by the Authority and applied in accordance with the frequency band of the spectrum assigned;
B(MHz)–stands for the total assigned bandwidth in Mega Hertz;
P–stands for the re-use factor; and
14ä – stands for the sharing factor; and where–
P=1 (one) for each specified region relating to which spectrum has been dedicated to a user and 9 (nine) in all cases where spectrum is dedicated to a user for the whole country; and where
ä=1 for each specified region relating to which spectrum has been dedicated to a user.
Notes:
(i) the re-use factor shall be the total number of the specified regions in which the spectrum assigned may be used;
(ii) the sharing factor be the inverse of the number of operators assigned the same spectrum in the same specified region; and
(iii) specified region shall refer to the area in which the assigned spectrum may be used.{/mprestriction}