Supply of Electricity (District) Act (CAP 96)

5. Connection charge http://www.paclii.org/vu/legis/consol_act/soea373/ Page 1 of 7 Supply of Electricity (Districts) Act 02/05/24, 12:05 6. Deposit 7. Termination of agreement 8. Meters and accounts 9. Termination of supply 10. Ownership of equipment etc. 11. Accuracy of meter 12. Penalties 13. Liability for failure of supply 14. Inspection of premises 15. Defective installation on premises 16. Exclusion of liability SCHEDULE SUPPLY OF ELECTRICITY (DISTRICTS) To regulate the supply of electricity to the public at Tanna and Malekula.

1. Interpretation (1) In this Act the word "subscriber" shall mean the occupant of any property, whether built on or not, which is connected to the public electricity supply. (2) References in this Act to the Director of Public Works shall be construed as including the district engineers at Tanna and Malekula.

1A. Supply to non-concession areas On and after the commencement of this section[∗], the Government can supply electricity only to an area not covered by a concession agreement entered into under section 1A of the Electricity Supply Act [Cap. 65].

2. Rates payable for electricity http://www.paclii.org/vu/legis/consol_act/soea373/ Page 2 of 7 Supply of Electricity (Districts) Act 02/05/24, 12:05 (1) The rates payable for the use of electricity supplied by the Government shall be those shown in the tariff set forth in the Schedule. (2) The Minister responsible for public works may from time to time vary the said tariff by Order.

3. Distribution of electricity Electricity will be distributed at low tension in the form of triphased 50 period alternating current at a tension of 220/380 volts.

4. Agreement between subscriber and Government Every subscriber shall enter into an agreement with the Government. A copy of this agreement shall be given to the subscriber.

5. Connection charge Before the agreement is drawn up, the subscriber shall pay to the Government a sum to cover the cost of connection in accordance with the tariff set forth in the Schedule. In addition the subscriber shall pay such proportion as may be determined by the Director of Public Works of the costs of the Government incurred in extending or reinforcing the public supply system to enable electricity to be supplied to the consumers premises.

6. Deposit On or before completion of the agreement referred to in section 4 the subscriber shall also pay to the Government an advance on consumption in accordance with the tariff set forth in the Schedule.

7. Termination of agreement Either party thereto may terminate an agreement made in accordance with section 4 at any time. Upon http://www.paclii.org/vu/legis/consol_act/soea373/ Page 3 of 7 Supply of Electricity (Districts) Act 02/05/24, 12:05 cancellation of the agreement, the advance on consumption paid by the subscriber shall be repaid to him if he has settled all amounts owing for electricity supplied. In the event that the subscriber has not paid all amounts due from him to the Government in respect of the supply of electricity, the advance may be retained by the Government in reduction of the debt due from the subscriber, and the balance, if any, returned to him.

8. Meters and accounts (1) The Government shall supply and install on the premises of every subscriber who has entered into an agreement for the supply of electricity to him, a meter which shall record the quantity of electricity supplied to such subscriber. (2) Subject to the provisions of section 11, the quantity of electricity recorded on the meter shall be deemed for all purposes to have been consumed by the subscriber. The meter shall be read by an officer appointed by the Director of Public Works. (3) Accounts in respect of the amount of electricity consumed shall be addressed to subscribers in April, July, October and January. Such accounts should be settled within 30 days of receipt.

9. Termination of supply (1) In any case where a subscriber has not settled his account within the period of 30 days as required by section 8, the Government shall give 7 days' notice of its intention to disconnect the supply of electricity to the subscriber, and on the expiry of such period shall thereupon disconnect the subscriber without prejudice to later recovery of sums due in respect of electricity consumed before such disconnection. (2) The cost of reconnecting the defaulting subscriber is given in the tariff set forth in the Schedule.

10. Ownership of equipment etc. (1) The Government is the sole proprietor of all the installations, lines and equipment, including meters utilised in the supply of electricity to subscribers. http://www.paclii.org/vu/legis/consol_act/soea373/ Page 4 of 7 Supply of Electricity (Districts) Act 02/05/24, 12:05 (2) Subject to the provisions of section 12 the Government shall alone be responsible for the maintenance of all items mentioned in subsection (1). (3) The lines and installations required to carry the current from the meter to power points on the subscriber's premises are the responsibility of the subscriber: Provided that the connection to the meter, shall in all cases, be effected by the Public Works Department.

11. Accuracy of meter In any case where, whether by reason of the excessive size of the account submitted to him or otherwise, the subscriber considers that the meter installed on his premises is defective, he shall report the matter to the District Commissioner, who shall, if satisfied that the meter may be defective, immediately inform the Director of Public Works who may thereupon take such action as is necessary to repair or replace the meter and who may, if the case so requires, make an estimate of the electricity used by the subscriber. Such estimate shall not be challenged in any legal proceedings.

12. Penalties (1) Any person who deliberately, or maliciously or through negligence causes damage or alteration to supply lines, meters, apparatus, equipment or works belonging to the Government, alters the figures indicated by a meter or prevents the meter from functioning normally, or who fraudulently taps or consumes electric power supplied by the Government shall be liable to a fine not exceeding VT 20,000 or to a term of imprisonment of not more than 3 months, or to both such fine and imprisonment. (2) The court may also, in any case, order the payment of damages and, if necessary, the reimbursement of losses sustained by the Government.

13. Liability for failure of supply The Government shall use its best endeavours to assure a steady and constant supply of electricity, but the Government shall not be liable for any loss or damage caused to the subscriber in the event of partial or total failure of the supply of electric power or in the case of fluctuations in the current. The Government shall have the right temporarily to interrupt the supply whenever the Director of Public http://www.paclii.org/vu/legis/consol_act/soea373/ Page 5 of 7 Supply of Electricity (Districts) Act 02/05/24, 12:05 Works deems it necessary to enable it to carry out works.

14. Inspection of premises The Director of Public Works or his representative is empowered to inspect installations made by a subscriber and connected to the supply network. For this purpose, he shall be authorised to enter any premises where electricity lines and a meter have been installed by the Government.

15. Defective installation on premises Should the electricity supply installation for which the subscriber is responsible be or become, in the opinion of the Director of Public Works or his representative, defective or dangerous, connection with the supply shall be suspended or postponed until such time as the installation has been repaired or altered to the satisfaction of the Director of Public Works.

16. Exclusion of liability Agreement by the Director of Public Works or his representative that the supply may be connected or reconnected shall in no case imply the acceptance by him or by the Government of liability for any loss or damage in the event of poor functioning of, or an accident arising from the use of, the said installation. SCHEDULE (section 2) Tariff for electricity in Tanna and Malekula Advance on consumption: VT 2,500 Connection or reconnection: VT 500 Consumption: VT 10 per KWH http://www.paclii.org/vu/legis/consol_act/soea373/ Page 6 of 7 Supply of Electricity (Districts) Act 02/05/24, 12:05 ________________________ Table of Amendments (since the Revised Edition 1988) 1A Inserted by Act 22 of 2000 [∗] Editor’s Note: Section 1A commenced 10 July 2000 PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback URL: http://www.paclii.org/vu/legis/consol_act/soea373 http://www.paclii.org/vu/legis/consol_act/soea373/ Page 7 of 7