Geothermal Energy Act (Cap. 85:02)

6. Specific

6. Specific powers powers of of the the Authorit y. Authority. 7.7. Minister Minister may may limit limit powers. powers. 8.8. Head Head office office of of Authorit Authority. y.

9. Board

9. Board of of Directors. Director s.

10. General

10. General Manager Manager..

11. Board

11. Board toto appoint appoint Secretary, etc.

12. Board

12. Board toto advise advise Minister.

13. Delegati

13. Delegations by the Board. 14. Meetings.

14. Meetings.

15. Director

15. Directors to declare interest.

16. Board

16. Board to to comply comply with direction of Minister.. of Minister

17. The assets

17. The assets of of the Authority.

18. Financia

18. Financial year. year. Budget. Budget.

19. Accounts of

19. Account of Authority. Authorit

20. Profits of Authority.

20. Profits of Authorit

21. Overdraf

21. Overdraft. Borrowing Borrowi ng powers powers of ofthe Authority. the Authorit y.

22. Guarantee ofloans.

22. Guarante e ofloans. 23.

23. Exemption Exempti on fromfrom tax. tax.

24. Report

24. Report to to Minister. Minister . 25. Minerals.

25. Minerals. 26.

26. Regulations. Regulations. L.R.0.111991 LAWS OF DOMINICA 4 Chap. 85:02 GeothermalEnergy Geothermal Energy CHAPTER 85:02 CHAPTER 85:02 GEOTHERMAL ENERGY GEOTHERMAL ENERGYACT ACT 24 of 1974. ACT toto make make provision provision for for the the exploitation exploitation of AN ACT ofthe the geothermal geothermal energy resources of Dominica to set up an Authority energy resources of Dominica to set up an Authority and and establish a company establish company for for that that purpose; purpose; and and for for purposes purposescon- con- nected therewith. nected therewith. Commencement. [28th August 1974] Short title. 1. This Act Act may may be cited cited as the the - GEOTIIERMAL ENERGY GEOTHERMAL ENERGY ACT. ACT. Interpretation. 2. In this Act Act - "Authority" means "Authority" means the Authority Authority established established by by section section 3; "Company" means the Dominica "Company" means Dominica Geothermal Geothennal Company Company established established under under section section 21 (2); (2); "Minister'' means "Minister" means the Minister Minister responsible responsible for for Natural Natural Resources. Resources. Es~lisiunent. Establislunent 3.

3. (1) There is hereby (1) There established a body hereby established body to be known known as the the Geothennal Authority :~::;,i:,~uon Geothermal :~~::~tion Authority hereinafter hereinafter referred referred to as the Authority. Authority. (2) (2) The Authority is The Authority is hereby created a body hereby created body corporate. corporate. Functions Functions of 4. ItIt shall 4. shall be be the the function function of the Authority Authority to promote Authority. of promote the explora- explora- Authority. tion, exploitation and tion, exploitation and management management of of the geothermal geothennal resources resources of of Dominica by Dominica by ensuring the effective ensuring the effective development utilisation of development and utilisation of these these resources. resources. General General powers powers 5. For For the the purpose purpose of of discharging its functions of ofthe the Authority. Authority. S. discharging its functions the Authority Authority may may engage directly engage directly oror indirectly indirectly in in all all aspects aspects of of geothermal industry geothennal industry whether these whether these relate relate to to exploration, exploration, exploitation, exploitation, manufacturing, manufacturing, refin- refin- ing, marketing, transport (by land, sea or air), importing, ing, marketing, transport (by land, sea or air), importing, exporting, exporting, purchasing or purchasing orexchange exchange or or any any other other activity activity connected with or connected with or arising arising out of out ofthis this industry. industry. Specific powers Specific powers 6.6. Without Without prejudice prejudice to to the the generality generality ofof the the powers powers conferred conferred inin ofofthe theAuthority. Authority. section 5, section 5, the the Authority Authority shall, shall, subject subject to to section section 7,7, have have power to -- power to LAWS OF DOMINICA Geothermal Energy Chap. 85:02 5 or other- Lands or State Lands of State respect of in respect rights in geothermal rights accept geothennal (a) accept ( a) other- relate to these relate whether these and whether wise and wise exploitation, exploration, exploitation, to exploration, manufacturi ng or marketing; manufacturing or marketing; assets or other assets or other bonds or stock, bonds shares, stock, acquire shares, (b) acquire (b) otherwise or otherwise the geothennal in the engaged in undertaking engaged any undertaking in any participate in participate geothermal industry; industry; or associated ancillary or subsidiary or ancillary or subsidiary company or cause aa company (c) cause ( c) associated to be companies to companies of this purposes of established for the purposes be established Act; this Act; form of any fonn into any enter into d) enter ((d) enterprises other enterprises with other association with of association its of its performance e of effective perfonnanc to the more effective tend to will tend which will which functions; functions; e) initiate ((e) in connection initiate in those with those or with operations or own operations connection with its own of its of its subsidiaries programmes de- training programmes associates training subsidiaries or associates de- signed signed to ensure ensure that that nationals nationals of of Dominica Dominica are are provided provided with the training, with necessary experience necessary and experience qualifications s and training, qualification to equip position in highest position the highest attaining the equip them for attaining the in the geothennal industry; geothermal industry; if) grant (f) grant loans loans to or invest connected undertakingconnected any undertaking in any money in invest money with the geothermal with geothennal industry; industry; g) acquire, (g) acquire, hold hold and and dispose or property or personal property or personal real or of real dispose of rights in real rights real or or personal personal property; property; (h) enter (h) enter into into all all such such transactions transactions and and do do all things such things all such (whether (whether or or not not involving expenditure) as involving expenditure) opinionof the opinion inthe as in of the Authority are calculated the Authority are calculated to to facilitate facilitate the the proper proper dis- dis- charge charge ofits ofits function function or orare areincidental incidentalor orconducive thereto. conducivethereto.

7. Notwithstanding may Ministermay when- Minister

7. Notwithstan ding section section 5,5, the the Minister Ministermay mayby by Order Orderwhen- powers. limitpowers. limit ever ever he he considers considers itit expedient expedient inin the the public public interest interesttoto do do so solimit limitthe the exercise of the powers of the Authority to such exercise of the powers of the Authority to such an extent an extent as as he he may may specify specify in in that that behalf behalfand andwhen when such suchOrder Orderisismade madethetheAuthority Authorityshall shall not exercise not exercise any any power power so so limited limitedexcept except in in accordance accordance with with the thespecial special authority authority of ofthe the Minister. Minister. 8.

8. The The Authority Authority shall shall have haveits itshead headoffice officeininthe theCity CityofofRoseau Roseau Head Headoffice officeofof but may establish branches and agencies elsewhere inside or outside but may establish branches and agencies elsewhere inside or outside Aulhority. Authority. Dominica. Dominica. L.R.O. 111991 LAWS OF DOMINICA 6 Chap.85:02 Geothermal Energy Geothermal Energy Board of 9. (1) The Authority Authority shall shall be be managed managed by by aa Board Board of Directors.

9. (1) The Board of of seven seven Directon. of 1975]. (13 of [13 1975]. directors appointed directors appointed by the Minister from among Minister from among persons persons who who have have special qualifications special qualifications in, in, and and have have had had experience experience of, of, matters matters relating relatingto to geothermal exploration, geothermal exploration, development, development, power powergeneration generation and and engineer- engineer- ing, chemical ing, chemical engineering, engineering, business business management, management, geology, geology, geophys- geophys- ics, marlc.eting, labour ics, marketing, labour relations, relations, accountancy, accountancy, economics, economics, finance finance oror law. law. director shall (2) A director shall be appointed appointed for such such period period not not exceeding exceeding three years three years as may may be specified specified in the instrument instrument of of appointment appointment but but shall be eligible shall eligible for re-appointment. re-appointment. director may at any time (3) A director time resign resign his his office office by by instrument instrument writing addressed in writing addressed to the Minister. Minister. (4) The Minister Minister shall shall appoint appoint a director director as Chairman Chairman of of the the Board and if such Board such Chairman Chairman resigns resigns or is removed removed from office office as Chairman he shall Chairman shall thereupon thereupon cease cease to be a director. director. (5) The directors directors shall shall be paid such remuneration remuneration as the Minis- Minis- ter may from time time to time determine. determine. (6) The appointment appointment of of any person person as a director director and the termi- termi- nation of office nation office of any person person as such shall be notified Gazette. notified in the Gazette. Genenl General 10.

10. (1) There There shall be a General General Manager Manager ofof the Authority who shall Authority who shall Manager. Manager. be appointed appointed on such terms and conditions conditions as the Minister Minister may may decide decide and who shall, shall, subject subject to the directions directions of the Board, Board, be responsible responsible for the administration of the Authority. the administration Authority. (2) The appointment appointment to the office office of of General General Manager Manager shall shall be for for such such term not exceeding exceeding three years as the Minister Minister may determine determine but he shall shall be eligible eligible for re-appointment re-appointment and it shall shall be a condition condition of of the appointment that it may at any time be revoked the appointment revoked by the Minister. Minister. Board Board to appoint to appoint 11. (1)

11. (1) The Board shall The Board appoint a Secretary shall appoint Secretary of the Authority Authority (in this Secmary. etc. Secretary, ete. Act referred to Act referred to as as "the Secretary'') and such other "the Secretary") other officers officers and employ- employ- ees ees as maybe as may necessaryforthe be necessary the due and efficient efficient conduct conduct of the business business of of the Authority. the Authority. (2) An annual (2) An salary that exceeds annual salary exceeds six thousand thousand dollars dollars shall shall not not assigned to be assigned be to any any post post in in the Authority Authority without without the approval of the approval of the Minister. Minister. LAWS OF DOMINICA Geothermal Energy Chap. 85:02 7 12. any aspect on any him on advise him to advise Board to the Board require the may require Minister may TheMinister

12. The aspect B~~d to advise B~~d to advise which he on which industry on geothermal industry the geothermal of the of advice and seeks advice he seeks so when so Mimster. and when MinISter. the Board required the required shall advise the Minister accordingly Board shall advise the Minister accordingly. .

13. Subject to

13. Subject the Board Minister the the Minister of the approval of the approval and the Act and this Act to this by Delegations by Board Delegations rd delegate to may delegate may director or any director to any committee of or committee directors the of directors power and lhe Boa the power and the Board. · authority authority to to carry carry out out on on its its behalf behalf such such duties duties as as the Board Board may think may think fit. fit. (1) The

14. (1) 14. in his or in Chairman or The Chairman director appointed absence any director his absence to Meetings. appointed to Meetings. Chairman, shall rily as Chairman, acttemporarilyas acttempora Board. the Board. of the meetings of preside at all meetings shall preside (2) The (2) The Chairman act to act appointed to director appointed absence the director orin his absence Chairman orin temporarily as Chairman and temporarily as Chairman and two other other directors, directors, shall shall constitute constitute aa quorum. quorum. (3) All (3) All decisions the ofthe majority of taken by a majority shall be taken Board shall decisions of the Board votes and votes and in in any any case case in which Chairman or the Chairman equal the voting is equal which the voting other or other director director presiding presiding at the meeting meeting shall, shall, in addition addition to to his his original original vote, vote, have a casting have a casting vote. (4) The Chairman (4) Chairman may may at any Board the Board ofthe meeting of call a meeting time call any time so however so however that that the Board Board shall shall meet quarter. each quarter. in each once in least once meet at least (5) The The Chairman Chairman shall, shall, within within three three days him byhim receiptby the receipt ofthe days of of a requisition of a requisition for for that that purpose purpose addressed addressed to to him him by by any any two two directors, directors, call aa special call special meeting meeting ofof the the Board. Board.

15. (1) A

15. (1) A director director whose whose interest interest isis likely likely toto be be affected affected by by aa Directors Directorstoto declare interest. decision of decision of the the Board Board on on any any matter matterwhatsoever whatsoevershallshalldisclose disclosethe thenature nature declare interest. of his interest at the first of his interest at the first meeting meeting of of the the Board Board at at which which he he is is present present after the after the relevant relevant facts facts have have come come toto his his knowledge. knowledge. (2) (2) A A director director having having thethe necessary necessary expert expert knowledge knowledge and and experience experience may may however, however, inin addition addition toto his his normal normal functions functions asas aa director, be appointed director, be appointed by by the the Board Board in in aa special special advisory advisory capacity capacity whenever whenever the the Board Board considers considers this this necessary necessary andand aa director director so so ap- ap- pointed pointed shall not be deemed to have an interest for the purposes ofof shall not be deemed to have an interest for the purposes subsection subsection (1). (1). (3) (3) A A disclosure disclosure under undersubsection subsection(l) (1) shall shallbeberecorded recordedininthe the minutes of the Board and the director making minutes of the Board and the director making the thedisclosure disclosureshall shallnot notbe be present or take part in the deliberations nor vote at any meeting at which present or take part in the deliberations nor vote at any meeting at which such such matter matterisis being beingconsidered consideredby bythe theBoard. Board. L.R.O. l!1991 LAWS OF DOMINICA 8 Chap.85:02 Geothermal Energy Geothermal Energy Board to Board comply to comply 16. In the 16. the performance performance of ofits functions functions under under this this Act Act the the Board Boardshall shall wilh directions with directions of Minister. Minister. of at all' times . times comp l y WI'th I comp WI .th th the di rections . recnons 0 o Mini. f th e Mini' ster. ster. The assets The assets of of the the 17. The The assets assets of of the the Authority Authority shall shall consists consists of of - Aulhority. Authority. such exploration, (a) such exploration, exploitation exploitation and and related related rights rights as may may be be assigned to assigned to it by Government; by the Government; such real (b) such real and personal personal property property (including (including things things in in action) action) may be transferred as may transferred to it by by the the Government; Government; real and (c) real and personal personal property property acquired acquired otherwise otherwise than than by by assignment from the Government; assignment Government; that portion (d) that portion of of the profits profits which which it may may hold hold for for the the devel- devel- opment of opment of its activities, activities. Financial year. Financial year. Subject to subsection

18. (1) Subject subsection (2), the financial financial year year of of the the Authority Authority shall begin shall begin on 1st January January and and end on 31st 31st December of each year. December of each year. The period (2) The period commencing commencing on the datedate ofof the coming coming into into operation of operation of this this Act Act and ending ending on 31st December December in that that year year shall shall be be taken to be the taken the first first financial financial year ofthe year of the Authority. Authority. Budget. Not later (3) Not later than than three three months months priorto priorto the end end of of each each financial financial year subsequent year subsequent to the first financial financial year, year, the Secretary Secretary shall shall prepare prepare and present present to the Board and the Board Board Board shall shall consider consider the operations operations budget of budget of the Authority Authority for the next next subsequent subsequent financial financial year. year. (4) The Board Board shall shall as soon soon as possible possible after after this submit the this submit the budget with budget with their their comments comments to the Minister Minister for his approval. approval. Accowits of Accounts 19. (1) The Authority Authority shall shall establish establish and maintain maintain an accounting accounting Authority. Authority. system in accordance system accordance with with established established practice practice in the industry. industry. (2) The accounts accounts of the Authority Authority shall be audited audited by auditors auditors appointed by the Board appointed Board and approved approved by the Minister Minister after after considera- considera- tion of the advice advice of the Director Director of Audit. Audit. The accounts accounts together together with with any report report made made thereon thereon by the auditors auditors shall be submitted submitted to the Minister within Minister within one month month of the completion completion of the audit audit and shall shall be laid before laid before Parliament. Parliament. (3) The Government Government may allocate allocate to the Authority Authority in respect respect of of anyone one year year the whole whole or part part of any sum required required to cover cover any any deficit deficit disclosed by the budget. disclosed budget. LAWS OF DOMINICA Geothermal Energy Chap. 85:02 9 conduct its shall conduct Authority shall The Authority (1) The

20. (1) 20. business Profits along business activities along its activities 0f Profits _~f realised by profits realised any profits and any lines and lines by its operations shall its operations shall be disposed in be disposed in Authonty. Aulhonty. accordance with accordance subsection (2). with subsection (2). proportion of The proportion (2) The (2) detennined by as may be detennined profits as these profits of these by the the Minister shall Minister into such paid into be paid shall be funds national funds such national as the Minister respon- Minister respon- Finance may for Finance sible for sible and the direct and may direct shall be profits shall remainder of the profits the remainder purpose of the purpose for the used for used for and for Authority and activities of the Authority expanding the activities of expanding provision of the provision the special reserves or of of special reserves or sinking sinking funds as the Minister may Minister may approve. approve.

21. (1)

21. (1) The temporarily by way of Authority may borrow temporarily The Authority Overd raft. overdraft Overdraft. ofoverdraft · . therwise h h be ' . d reqmre to meet . bl' bl" . 1gattons or its 0o Igations meet Its 191s1. or [13 ofof 1975]. [13 or o0th or efWlse sue sums as may suc sums requIre discharge discharge its its functions. functions. approval of the Minister Subject to the approval (2) Subject (2) responsible for Minister responsible for Borrowing Borrowing Finance Finance the the Authority borrow such sums Authority may borrow may be sums as may required for be required ru:~i. for ~:~~. the lhe any of any of the the following following purposes: purposes: a) the provision ((a) capital; working capital; provision of working (b) the acquisition (b) acquisition of of shares shares or other interests in other interests companies in companies engaged geothennal industry; engaged in geothennal industry; (c) the establishment establishment of company to be of a company Domi- "the Domi- called "the be called nica Geothennal nica Geothennal Company" Company" which company shall which company shall bebe the authorised authorised agent agent of responsible for Authority responsible of the Authority for the exploitation, exploitation, development development and subjectto and subject direc- any direc- to any tions tions from the Minister Minister or or the the Authority, Authority, the manage- the manage- ment ment and utilisation utilisation of ofthe the geothennal resources of geothennal resources the ofthe State; State; ( meeting expenditure (d) meeting expenditure chargeable chargeable to to capital account in- capital account in- cluding cluding the repayment repayment of of any any money money borrowed borrowedby the by the Authority Authority forfor defraying defraying expenditure expenditure so so chargeable. chargeable. (3) (3) TheThe Authority Authority shall shall by by contributing contributing toto the Dominica the Dominica Geothennal Company its assets set out Geothennal Company its assets set out under section under section l7( 17( a) a) be be credited credited with a 75% shareholding in the Dominica with a 75% shareholding in the Dominica Geothermal Company. Geothennal Company. (4) (4) TheThe Company Company shallshall carry carry out out anyany directions directionsof ofthe theAuthor- Author- ity. 22.

22. (1) (1) The The Minister Minister responsible responsible for for Finance Finance may may guarantee guarantee inin Guarantee Guaranteeofof such manner and on such conditions as he may detennine the repayment such manner and on such conditions as he may determine the repayment loans. loans. of of any any loan loan raised raised by by the the Authority Authority under under section section 21 21 together together with with interest on and any other charges in respect interest on and any other charges in respect of ofsuch suchloan. loan. L.R.0.111991 LAWS OF DOMINICA 10 Chap. 85:02 Geothermal Energy Geothermal Energy Any sums (2) Any sums required required for for fulfilling fulfilling a guarantee guarantee under under subsec- subsec- tion (1) shall tion shall be be charged charged upon upon and and issued issued out out of of the the Consolidated Consolidated Fund. Fund. Exemption from Exemption from The Company (1) The

23. (l) Company shall shall be liable liable to tax tax but but the the Minister Minister may may by by tax. tax. [13 of of 1975]. 1975]. Order exempt Order exempt it from from the payment payment of tax imposed of any tax imposed byby or or under under any any written law where written where circumstances circumstances so warrant. warrant. this section (2) In this section "tax" "tax" includes includes assessments, assessments, fees, fees, charges, charges, impositions and impositions and such such other other levies levies as form part part or or are intended intended toto fonn form part of part of the the general general revenue. revenue. Report to Report Not later

24. Not later than than the the end end of of the the third third month month of of each each financial financial year year Minister. Minister. report on the a report the operations operations ofof the the Authority Authority during during the last last preceding preceding financial year financial year shall shall be submitted submitted by the Board Board to the Minister Minister and and such such report shall report shall be laid laid before before Parliament. Parliament. Minerals. Minerals. minerals found

25. Any minerals found as a result result of of geothermal geothermal explorations explorations shall shall [13 of 1975]. 1975]. property of be the property of the Government Government butbut the finder finder may may be be given given a first first option to their option their exploitation exploitation and development development under under such such tenns terms and and conditions as may conditions may be determined determined by the Minister. Minister. Regulations. The Minister

26. The Minister may may make make Regulations Regulations - (a) for any purpose purpose for which provision is by this which provision this Act Act required required authorised to be made; or authorised made; forprescribing and controlling (b) forprescribing controlling the prices prices at which which geothermal geothermal energy energy may be made made available available to industry industry and and the the public; public; preventing the occurrence (c) for preventing occurrence of of accidents accidents at geothennal geothermal installations; installations; (d) for securing securing the safety, safety, health health or welfare of persons welfare of persons em- em- ployed at such installations; ployed installations; (e) for maintaining maintaining discipline discipline among among them; them; making provision (f) making provision for any incidental incidental or supplementary supplementary mat- mat- ters for which which the Minister Minister thinks thinks it expedient expedient for the the purposes of the Regulations purposes Regulations to provide; provide; (g) for preserving preserving the natural natural beauty, beauty, cleanliness cleanliness and sanitation sanitation of any site being being worked worked to obtain obtain geothennal geothermal energy. energy.