Renewable Energy Act 2008 (No. 10 of 2008)

1. Short Title

2. Definitions

3. Objects

4. Renewable energy to which this Act applies PART 2 - RENEWABLE ENERGY AUTHORITY

5. Establishment

6. Proclamation 7. Minister as the Authority 8. Advisory Committee

9. Functions of the Advisory Committee

10. Secretariat PART 3 - FUNCTIONS AND POWERS

11. Functions of Authority

12. Powers of Authority PART 4 - RENEWABLE ENERGY AGREEMENTS

13. Prohibition 14. Agreements

15. Terms of agreements 16. Regulatory fees PART 5 - SECURITY OF SUPPLY

17. Removal or transfer of assets PART 6 - OFFENCES

18. Criminal prosecution

19. Investigation 20. Injunction PART 7 - MISCELLANEOUS 21. Transitional provision

22. Regulations 4 The Renewable Energy Act – 10 of 2008 Tonga. No. 10 of 2008 (2) In the event of a proclamation being made under subsection (1), any matter pertaining to the proclaimed Authority, including institutional or administrative matters, that are necessary to be provided or prescribed, may be so provided or prescribed by the proclamation, or regulations made under this Act.

7. Minister as the Authority Until such time that a proclamation is made pursuant to section 6 - (a) the functions and powers of the Renewable Energy Authority I assent, shall be vested in the Minister; and GEORGE TUPOU V, (b) there shall be a Renewable Energy Advisory Committee to advise 1st June, 2009. the Minister on matters relating to renewable energy.

8. Advisory Committee (1) The Advisory Committee shall comprise of the following members - AN ACT (a) Secretary for Lands, Survey, Natural Resources and Environment, who shall be the chairman; AN ACT TO REGULATE THE USE OF RENEWABLE ENERGY IN THE KINGDOM AND RELATED MATTERS (b) Head of the Energy Planning Section of the Ministry, who shall be the secretary of the Advisory Committee; and [9th, October, 2008] BE IT ENACTED by the King and Legislative Assembly of Tonga in the (c) 2 members appointed by the Minister from consumers of any Legislature of the Kingdom as follows: form of renewable energy. PART 1 - PRELIMINARY (2) The members of the Advisory Committee appointed under subsection 1 (e) - 1. Short Title (a) shall hold office for 2 years, but are eligible for reappointment; This Act may be cited as the Renewable Energy Act 2008. (b) may be terminated for inability to perform the functions of the 2. Definitions office, neglect of duty, misconduct, or failure to comply with any In this Act, unless the context otherwise requires – disclosure of interest requirements applicable to members of the committee; “Advisory Committee” means the Renewable Energy Advisory Committee appointed under section 8; (c) may resign by notice in writing to the Minister, with immediate effect. “Authority” means the Renewable Energy Authority established under this Act; (3) (a) The quorum for a meeting of the Advisory Committee shall be the Chairman and any 4 members. “concession agreement” means a renewable energy concession agreement made under section 14; (b) The members of the Advisory Committee may be remunerated in “Competent Authority” has the same meaning as in the Price and Wage accordance with Government policy. Control Act;

9. Functions of the Advisory Committee “Energy Planning Section” means the energy section of the Ministry; The Advisory Committee shall review and recommend to the Authority “group company” means, in relation to a company, a wholly owned any matter relating to the functions and powers of the Authority, and the subsidiary of that company; means by which they are to be implemented, and in particular to- “Minister” means the Minister of Lands, Survey, Natural Resources (a) receive all relevant documentations relating to applications and Environment; submitted pursuant to the requirements of this Act or regulations “Ministry” means the Ministry of Lands, Survey, Natural Resources made under this Act; and Environment; 2 The Renewable Energy Act – 10 of 2008 The Renewable Energy Act – 10 of 2008 3 “physical assets” means a renewable energy system and all fittings 4. Renewable energy to which this Act applies related thereto, including buildings, vehicles, plant, equipments and (1) Subject to subsection (3), this Act shall apply to the production, machinery; storage or distribution of any form of energy derived from a renewable “renewable energy” means any form of energy that is not derived from source specified under subsection (2), where – fossil fuels and specifically excludes energy from petroleum products and energy from coal products; (a) the production, storage or distribution of renewable energy is made on a commercial basis; “renewable energy operators” means persons involved in the ownership, management, maintenance, design or installation of renewable energy (b) the production, storage or distribution of renewable energy is for projects. the use in a commercial enterprise; or

3. Objects (c) the renewable energy is intended for a third party. The principal objects of this Act are – (2) Renewable energy sources include the following, and any other source specified by regulations made under this Act - (a) to promote the development of the renewable energy industry in the Kingdom by: (a) Biofuel; (i) researching and developing opportunities of renewable energy (b) Biogas; in the Kingdom; (c) Biomass; (ii) encouraging the use of commercially sustainable renewable (d) Fuel Cells; energy technology for both grid connected and stand alone power supply systems; (e) Geothermal; (iii) regulating the technical and safety standards for renewable (f) Hydrogen; energy technologies; (g) Hydropower; (iv) regulating the licensing of persons involved in the design, (h) Ocean Thermal Energy conversion (OTEC); research, installation and management of renewable energy (i) Plant, animal or marine resources; projects; (j) Solar; (v) regulating renewable energy operators; (k) Tidal; (vi) regulating the feed-in tariffs for renewable energy generated electricity; and (l) Wave; (vii) supporting the engagement of the private sector in renewable (m) Wind. energy projects in the Kingdom. (3) This Act shall not apply to electricity that has been converted from (b) to establish an authority to deal with matters relating to renewable direct current to alternate current, although originally derived from a energy. renewable energy source. (c) to empower such authority to regulate all matters relating to PART 2 - RENEWABLE ENERGY AUTHORITY renewable energy. 5. Establishment (d) to promote the implementation of commercially sustainable The Renewable Energy Authority is hereby established. renewable energy based electrification services by encouraging economically efficient investment in the use of and infrastructure 6. Proclamation to provide electrification services. (1) His Majesty in Council may, by proclamation made under this section, (e) to promote access by people resident in the remote areas of the declare that any person or authority shall become and thereby be Kingdom to renewable energy services to the extent that it is vested with the functions and powers of the Renewable Energy reasonably and commercially practicable to provide such services. Authority provided under this Act. A proclamation made under this section shall be published in the Gazette. 2 The Renewable Energy Act – 10 of 2008 The Renewable Energy Act – 10 of 2008 3 “physical assets” means a renewable energy system and all fittings 4. Renewable energy to which this Act applies related thereto, including buildings, vehicles, plant, equipments and (1) Subject to subsection (3), this Act shall apply to the production, machinery; storage or distribution of any form of energy derived from a renewable “renewable energy” means any form of energy that is not derived from source specified under subsection (2), where – fossil fuels and specifically excludes energy from petroleum products and energy from coal products; (a) the production, storage or distribution of renewable energy is made on a commercial basis; “renewable energy operators” means persons involved in the ownership, management, maintenance, design or installation of renewable energy (b) the production, storage or distribution of renewable energy is for projects. the use in a commercial enterprise; or

3. Objects (c) the renewable energy is intended for a third party. The principal objects of this Act are – (2) Renewable energy sources include the following, and any other source specified by regulations made under this Act - (a) to promote the development of the renewable energy industry in the Kingdom by: (a) Biofuel; (i) researching and developing opportunities of renewable energy (b) Biogas; in the Kingdom; (c) Biomass; (ii) encouraging the use of commercially sustainable renewable (d) Fuel Cells; energy technology for both grid connected and stand alone power supply systems; (e) Geothermal; (iii) regulating the technical and safety standards for renewable (f) Hydrogen; energy technologies; (g) Hydropower; (iv) regulating the licensing of persons involved in the design, (h) Ocean Thermal Energy conversion (OTEC); research, installation and management of renewable energy (i) Plant, animal or marine resources; projects; (j) Solar; (v) regulating renewable energy operators; (k) Tidal; (vi) regulating the feed-in tariffs for renewable energy generated electricity; and (l) Wave; (vii) supporting the engagement of the private sector in renewable (m) Wind. energy projects in the Kingdom. (3) This Act shall not apply to electricity that has been converted from (b) to establish an authority to deal with matters relating to renewable direct current to alternate current, although originally derived from a energy. renewable energy source. (c) to empower such authority to regulate all matters relating to PART 2 - RENEWABLE ENERGY AUTHORITY renewable energy. 5. Establishment (d) to promote the implementation of commercially sustainable The Renewable Energy Authority is hereby established. renewable energy based electrification services by encouraging economically efficient investment in the use of and infrastructure 6. Proclamation to provide electrification services. (1) His Majesty in Council may, by proclamation made under this section, (e) to promote access by people resident in the remote areas of the declare that any person or authority shall become and thereby be Kingdom to renewable energy services to the extent that it is vested with the functions and powers of the Renewable Energy reasonably and commercially practicable to provide such services. Authority provided under this Act. A proclamation made under this section shall be published in the Gazette. 4 The Renewable Energy Act – 10 of 2008 Tonga. No. 10 of 2008 (2) In the event of a proclamation being made under subsection (1), any matter pertaining to the proclaimed Authority, including institutional or administrative matters, that are necessary to be provided or prescribed, may be so provided or prescribed by the proclamation, or regulations made under this Act.

7. Minister as the Authority Until such time that a proclamation is made pursuant to section 6 - (a) the functions and powers of the Renewable Energy Authority I assent, shall be vested in the Minister; and GEORGE TUPOU V, (b) there shall be a Renewable Energy Advisory Committee to advise 1st June, 2009. the Minister on matters relating to renewable energy.

8. Advisory Committee (1) The Advisory Committee shall comprise of the following members - AN ACT (a) Secretary for Lands, Survey, Natural Resources and Environment, who shall be the chairman; AN ACT TO REGULATE THE USE OF RENEWABLE ENERGY IN THE KINGDOM AND RELATED MATTERS (b) Head of the Energy Planning Section of the Ministry, who shall be the secretary of the Advisory Committee; and [9th, October, 2008] BE IT ENACTED by the King and Legislative Assembly of Tonga in the (c) 2 members appointed by the Minister from consumers of any Legislature of the Kingdom as follows: form of renewable energy. PART 1 - PRELIMINARY (2) The members of the Advisory Committee appointed under subsection 1 (e) - 1. Short Title (a) shall hold office for 2 years, but are eligible for reappointment; This Act may be cited as the Renewable Energy Act 2008. (b) may be terminated for inability to perform the functions of the 2. Definitions office, neglect of duty, misconduct, or failure to comply with any In this Act, unless the context otherwise requires – disclosure of interest requirements applicable to members of the committee; “Advisory Committee” means the Renewable Energy Advisory Committee appointed under section 8; (c) may resign by notice in writing to the Minister, with immediate effect. “Authority” means the Renewable Energy Authority established under this Act; (3) (a) The quorum for a meeting of the Advisory Committee shall be the Chairman and any 4 members. “concession agreement” means a renewable energy concession agreement made under section 14; (b) The members of the Advisory Committee may be remunerated in “Competent Authority” has the same meaning as in the Price and Wage accordance with Government policy. Control Act;

9. Functions of the Advisory Committee “Energy Planning Section” means the energy section of the Ministry; The Advisory Committee shall review and recommend to the Authority “group company” means, in relation to a company, a wholly owned any matter relating to the functions and powers of the Authority, and the subsidiary of that company; means by which they are to be implemented, and in particular to- “Minister” means the Minister of Lands, Survey, Natural Resources (a) receive all relevant documentations relating to applications and Environment; submitted pursuant to the requirements of this Act or regulations “Ministry” means the Ministry of Lands, Survey, Natural Resources made under this Act; and Environment; 8 The Renewable Energy Act – 10 of 2008 The Renewable Energy Act – 10 of 2008 5 (c) the particular asset or assets being transferred are not material to (b) ensure appropriate coordination is made between relevant the continuity or security of the production, storage or distribution departments and the private sector with regard to renewable energy of the renewable energy in the Kingdom; or projects; (d) in any other case, with the consent of the Authority. (c) review concession agreements made under this Act; PART 6 - OFFENCES (d) recommend to the Authority any conditions to be attached to any concession agreement and the means by which it should be

18. Criminal prosecution implemented. (1) Any person who contravenes any of the provisions of section 13 or 10. Secretariat section 17 of this Act commits an offence and shall be liable upon conviction – The Ministry shall provide the secretariat for the Authority. (a) in the case of a natural person, for each offence to a fine not PART 3 - FUNCTIONS AND POWERS exceeding $5,000; 11. Functions of Authority (b) in the case of a body corporate, to a fine not exceeding $10,000. The functions of the Authority are – (2) The prosecution of an offence under this section may be made within (a) to take enforcement actions under this Act or any regulations 2 years from the time when the alleged offending took place, and may made under this Act; be conducted by– (b) carry out all activities required by the terms of any agreement (a) the Attorney General; made under this Act; (b) the Authority; or (c) carry out all activities necessary or desirable for the licensing of (c) a member of the Police. renewable energy operators as may be prescribed by regulations made under this Act; (3) A person referred to in paragraphs (b) and (c) of subsection (2) may (d) develop and recommend regulations establishing standards for conduct any proceeding arising under this section subject to any any matter relating to the specification of renewable energy direction issued by the Attorney General. equipments and the production, storage and distribution of

19. Investigation renewable energy; If the Authority becomes aware whether by notification by another person (e) to advise and assist any person, upon request, on any matter or otherwise that there are reasonable grounds to suspect a person has relating to renewable energy; committed an offence under section 18, then: (f) to co-operate with public authorities in reviewing laws (in particular (a) the Authority shall promptly investigate the alleged offence; and but not limited to fiscal measures including duties and taxes), practices and procedures with a view to promoting the use of (b) if the Authority is satisfied on reasonable grounds that a prima renewable energy; facie case can be established, the Authority shall promptly take such action as is appropriate to prevent a continued contravention (g) to conduct research, promote public awareness and disseminate of section 13 or section 17. information to the public relating to required standards, safe use, or any other matter relating to the utilization of renewable energy;

20. Injunction (h) to use its best endeavors to achieve an optimal socio-economic Without limiting the rights and obligations of the Authority under section 18, structure through sustainable energy development; if: (i) to do all things necessary for the performance of its functions and (a) a party to a concession agreement under section 14 has reasonable the exercise of its powers under this Act or otherwise as it is grounds to suspect a person has committed an offence under required to do under or by this Act; and section 18; and (j) to facilitate the implementation of any relevant international obligation of the Kingdom. 6 The Renewable Energy Act – 10 of 2008 The Renewable Energy Act – 10 of 2008 7

12. Powers of the Authority (d) the likely assets required for the establishment of the plant, premises or facility for the production, storage or distribution of The powers of the Authority are – renewable energy; (a) to enforce this Act or any regulations made under it; (e) the intended uses and users of the renewable energy; (b) to enforce any rights under any concession agreement made under this Act; (f) the appropriate tariff if the renewable energy is to be supplied to a third party; (c) to do all things necessary to enforce any offences provided under this Act or any regulations made under this Act; and (g) the appropriate tariff if the renewable energy is to be supplied directly to consumers; (d) to do all lawful things necessary to carry out its functions or it is entitled to do under this Act or any regulations made under this (h) the penalties to be imposed for breaches of any required standards; Act. (i) the duration of the concession agreement; PART 4 - RENEWABLE ENERGY AGREEMENTS (j) the circumstances in which a party can terminate the concession

13. Prohibition agreement; In accordance to Section 14, no person may produce, store or distribute any (k) adequate protection of the interests of any party upon energy derived from a renewable source, except under the authority of a termination; and renewable energy agreement entered into under section 14 or the person is (l) any other reasonable terms. exempted under this Act. 16. Regulatory fees

14. Agreements (1) Every person who enters into a concession agreement with the (1) This section shall apply to the extraction of any form of energy from Authority shall pay to the Authority any regulatory fees imposed a source for commercial purposes. under, and in accordance with, the terms of the concession contract. (2) The Authority may enter into a concession agreement permitting any (2) Any failure by a person to pay regulatory fees in accordance with the person to produce, store or distribute any energy derived from any concession agreement shall be recoverable in any court as a debt due to renewable energy source, which may included the rights to do the same the Authority. for the whole Kingdom, or any district, town or island. (3) The amount of any unpaid fee, charge or levy is recoverable in any (3) A concession agreement entered into under subsection (1) shall conform court as a debt to the Authority. with the requirements of this Act. PART 5 - SECURITY OF SUPPLY (4) Any penalties provided in a concession agreement shall be enforceable in accordance with the terms of the agreement. 17. Removal or transfer of assets (5) Every concession agreement made under subsection (1) shall be made (1) The physical assets that are used for the production, storage or publicly available by the Authority by notice in the media, and be distribution of any renewable energy may not be removed from the available for inspection at the Authority’s office. Kingdom without the permission of the Authority if such removal would cause any person to be unable to meet any obligations under a

15. Terms of agreements concession agreement under section 14, current concession agreement A concession agreement made under section 14 shall provide for – under Section 14. (a) the method of producing, storing or distributing the renewable (2) Notwithstanding subsection (1) Ownership of the physical assets that energy; are used for the production, storage or distribution of renewable energy in the Kingdom may not be transferred unless – (b) the maximum amount of renewable energy to be produced, stored or distributed; (a) the transferee is a party to or a group company of a party to a concession agreement entered into under section 14; (c) the standards required for efficient and safe production, storage or distribution; (b) the transferee is a nominee of the Authority; 6 The Renewable Energy Act – 10 of 2008 The Renewable Energy Act – 10 of 2008 7

12. Powers of the Authority (d) the likely assets required for the establishment of the plant, premises or facility for the production, storage or distribution of The powers of the Authority are – renewable energy; (a) to enforce this Act or any regulations made under it; (e) the intended uses and users of the renewable energy; (b) to enforce any rights under any concession agreement made under this Act; (f) the appropriate tariff if the renewable energy is to be supplied to a third party; (c) to do all things necessary to enforce any offences provided under this Act or any regulations made under this Act; and (g) the appropriate tariff if the renewable energy is to be supplied directly to consumers; (d) to do all lawful things necessary to carry out its functions or it is entitled to do under this Act or any regulations made under this (h) the penalties to be imposed for breaches of any required standards; Act. (i) the duration of the concession agreement; PART 4 - RENEWABLE ENERGY AGREEMENTS (j) the circumstances in which a party can terminate the concession

13. Prohibition agreement; In accordance to Section 14, no person may produce, store or distribute any (k) adequate protection of the interests of any party upon energy derived from a renewable source, except under the authority of a termination; and renewable energy agreement entered into under section 14 or the person is (l) any other reasonable terms. exempted under this Act.

16. Regulatory fees

14. Agreements (1) Every person who enters into a concession agreement with the (1) This section shall apply to the extraction of any form of energy from Authority shall pay to the Authority any regulatory fees imposed a source for commercial purposes. under, and in accordance with, the terms of the concession contract. (2) The Authority may enter into a concession agreement permitting any (2) Any failure by a person to pay regulatory fees in accordance with the person to produce, store or distribute any energy derived from any concession agreement shall be recoverable in any court as a debt due to renewable energy source, which may included the rights to do the same the Authority. for the whole Kingdom, or any district, town or island. (3) The amount of any unpaid fee, charge or levy is recoverable in any (3) A concession agreement entered into under subsection (1) shall conform court as a debt to the Authority. with the requirements of this Act. PART 5 - SECURITY OF SUPPLY (4) Any penalties provided in a concession agreement shall be enforceable in accordance with the terms of the agreement. 17. Removal or transfer of assets (5) Every concession agreement made under subsection (1) shall be made (1) The physical assets that are used for the production, storage or publicly available by the Authority by notice in the media, and be distribution of any renewable energy may not be removed from the available for inspection at the Authority’s office. Kingdom without the permission of the Authority if such removal would cause any person to be unable to meet any obligations under a

15. Terms of agreements concession agreement under section 14, current concession agreement A concession agreement made under section 14 shall provide for – under Section 14. (a) the method of producing, storing or distributing the renewable (2) Notwithstanding subsection (1) Ownership of the physical assets that energy; are used for the production, storage or distribution of renewable energy in the Kingdom may not be transferred unless – (b) the maximum amount of renewable energy to be produced, stored or distributed; (a) the transferee is a party to or a group company of a party to a concession agreement entered into under section 14; (c) the standards required for efficient and safe production, storage or distribution; (b) the transferee is a nominee of the Authority; 8 The Renewable Energy Act – 10 of 2008 The Renewable Energy Act – 10 of 2008 5 (c) the particular asset or assets being transferred are not material to (b) ensure appropriate coordination is made between relevant the continuity or security of the production, storage or distribution departments and the private sector with regard to renewable energy of the renewable energy in the Kingdom; or projects; (d) in any other case, with the consent of the Authority. (c) review concession agreements made under this Act; PART 6 - OFFENCES (d) recommend to the Authority any conditions to be attached to any concession agreement and the means by which it should be

18. Criminal prosecution implemented. (1) Any person who contravenes any of the provisions of section 13 or 10. Secretariat section 17 of this Act commits an offence and shall be liable upon conviction – The Ministry shall provide the secretariat for the Authority. (a) in the case of a natural person, for each offence to a fine not PART 3 - FUNCTIONS AND POWERS exceeding $5,000; 11. Functions of Authority (b) in the case of a body corporate, to a fine not exceeding $10,000. The functions of the Authority are – (2) The prosecution of an offence under this section may be made within (a) to take enforcement actions under this Act or any regulations 2 years from the time when the alleged offending took place, and may made under this Act; be conducted by– (b) carry out all activities required by the terms of any agreement (a) the Attorney General; made under this Act; (b) the Authority; or (c) carry out all activities necessary or desirable for the licensing of (c) a member of the Police. renewable energy operators as may be prescribed by regulations made under this Act; (3) A person referred to in paragraphs (b) and (c) of subsection (2) may (d) develop and recommend regulations establishing standards for conduct any proceeding arising under this section subject to any any matter relating to the specification of renewable energy direction issued by the Attorney General. equipments and the production, storage and distribution of

19. Investigation renewable energy; If the Authority becomes aware whether by notification by another person (e) to advise and assist any person, upon request, on any matter or otherwise that there are reasonable grounds to suspect a person has relating to renewable energy; committed an offence under section 18, then: (f) to co-operate with public authorities in reviewing laws (in particular (a) the Authority shall promptly investigate the alleged offence; and but not limited to fiscal measures including duties and taxes), practices and procedures with a view to promoting the use of (b) if the Authority is satisfied on reasonable grounds that a prima renewable energy; facie case can be established, the Authority shall promptly take such action as is appropriate to prevent a continued contravention (g) to conduct research, promote public awareness and disseminate of section 13 or section 17. information to the public relating to required standards, safe use, or any other matter relating to the utilization of renewable energy;

20. Injunction (h) to use its best endeavors to achieve an optimal socio-economic Without limiting the rights and obligations of the Authority under section 18, structure through sustainable energy development; if: (i) to do all things necessary for the performance of its functions and (a) a party to a concession agreement under section 14 has reasonable the exercise of its powers under this Act or otherwise as it is grounds to suspect a person has committed an offence under required to do under or by this Act; and section 18; and (j) to facilitate the implementation of any relevant international obligation of the Kingdom. The Renewable Energy Act – 10 of 2008 9 (b) that party is adversely affected by the suspected contravention of section 13 or section 17, that party shall be entitled to seek injunctive relief to prevent a continued contravention of section 13 or section 17. PART 7 - MISCELLANEOUS

21. Transitional provision (1) Any renewable energy installation operating at the time this Act comes into effect shall be given 12 months to comply with the provisions of this Act or any regulations made under this Act. (2) If at the end of 12 months from the coming into effect of this Act such an installation does not comply with the provisions of this Act or regulations made under this Act, it shall be lawful for the Authority to close down the installation.

22. Regulations (1) The Minister may, with the consent of Cabinet, make regulations for the proper and efficient administration of this Act. (2) Without limiting the generality of the powers under subsection (1), regulations may be made for the following purposes – (a) the licensing of renewable energy operators including the establishment of offences and penalties; (b) the technical and safety standards including the establishment of offences and penalties; (c) prescribing any powers for the purposes of carrying out any of the functions of the Authority; (d) any matter relating to the ownership of renewable energy projects; (e) the requirements for the establishment or construction of any plant, premises or facilities for the production, storage or distribution of renewable energy; (f) specifying any renewable energy source; (g) providing or prescribing any institutional or administrative matters relating to a proclamation made under this Act; (h) any matter relating to any international obligation of the Kingdom; (i) the fees, charges, levies or tariffs , or the manner in which fees, charges, levies or tariffs are to be calculated, collected and paid to the Authority or any other person; (j) the manner in which a concession agreement is to be made public under this Act; 10 The Renewable Energy Act – 10 of 2008 i (k) the demarcation point in which renewable energy is passed to a LAO FAKAANGAANGA KI HE MA’U’ANGA IVI FAKAFO’OU 2008 third party or consumer; Fokotu’utu’u ‘o e Ngaahi Kupu (l) any prohibition on the carrying out of activities relating to KONGA 1 - TALATEU renewable energy;

1. Hingoa nounou (m) the method of production, storage, distribution or use, or the quantity of renewable energy involved in the operation by any 2. ‘Uhinga’i lea person;

3. Ngaahi Taumu’a (n) the provision of information to the Authority; or

4. Ma’u’anga Ivi fakafo’ou ‘a ia ‘oku ‘uhinga ki ai ‘a e Lao ni (o) the rights of the Authority, or its nominee, to enter on the property KONGA 2 - IVI FAKAFO’OU of any person carrying on or proposing to carry on any production, storage or distribution of renewable energy, for the purpose of 5. Fokotu’u assessing whether the person is in compliance with this Act or any regulations made under this Act. 6. Fanongonongo

7. Minisita ko e Ma’u Mafai Passed by the Legislative Assembly this 9th day of October 2008.

8. Komiti Fale’i

9. Ngaahi Fatongia ‘a e Komiti Fale’i

10. Kau ngaue fakasekelitali KONGA 3 – NGAAHI FATONGIA MO E NGAAHI MAFAI

11. Ngaahi fatongia ‘a e Ma’u Mafai

12. Ngaahi mafai ‘o e Ma’u Mafai KONGA 4 – NGAAHI ALEAPAU MA’U’ANGA IVI FAKAFO’OU

13. Tapui

14. Ngaahi aleapau

15. Ngaahi tu’utu’uni ‘o e aleapau

16. Ngaahi totongi fakahoko ngaue

17. To’o pe hiki ‘a e ngaahi koloa KONGA 5 – NGAAHI HIA

18. Faka’ilo ki he Hia

19. Fakatotolo

20. Tu’utu’uni Fakamaau’anga KONGA 6 – NGAAHI ME’A KEHE

21. Tu’utu’uni fekau’aki mo e liliu

22. Ngaahi Tu’utu’uni