Energy Act (No. 2 of 1981)

1. Short title and commencement.

2. Interpretation, rJce $1.00. To be purchased from the. Ministry of Informo.tion, Ge01,g1:1town, Guyana. l?rint<.>d by C-1..1.Ylt)tJI National P:l'ilt.l;~l'c, L(d. 2 No. 21 1'lll:: LAWS OF' GUYANA [A.D. 1981 PART 11 THE GUYANA NATIONAL ENERGY AUTHOI\ITY

3. Establlsbme.nt of the Authority.

4. Constitution of the Authority and responsH>ility o-f the Chairman

5. Salary and expe,nses.

6. Employment of the staff of the Authority.

7. Experts.

8. Rules.

9. Advisory functions of the Authority. 10. l"owet \n t.ompoi info:nnathm.

11. Presentation of secrecy.

12. Responsibility of monitoring compliance with subsidiary legisla• tlon.

13. Authority undertaking other tasks assigned )>y the MinJster.

14. Relations with the Council. PART Ill THE ENERGY ADVISORY COUNCIL

15. Establishment and sonstitution of the Council

16. Cbalnnan and Vlce-Chainnan.

17. F,xpenses.

18. Secretaey and othc.r employees.

19. Meetings and pr0<:edure.

20. Duties of the Council.

21. Preservation of secrecy. PART IV POWERS OF THE MINISTER

22. Poweirs under this Act.

28. Powers under any other written law,

24. Provlsions relating to subsidiary legislation PARTV GENERAL

25. Bank Account.

26. Fund ahd resources of the Authority. 27, Expurnlltun,.

28. Accounts and Audlt.

29. Secondment or transfer of officers to the Authority, SCHEDULE s A.D, 19811 ENERGY (No, 2 AN ACT Inlituled AN ACT to m.aloo provision with l"P,1Ir1~ct. t.a the nation's TP./m11rces of and use of energy, A,», 1961 Enacted by the Parliament of Guyana :- PAR'!' I SHORT TITLE AND INTEIU'RJ!TATION

1. This Act mav be cited as the Energy Act 1981 and IDtt ,mte .shalJ come into operatiOn on such date as tlie Minister may mena~n:.n.1. appoint by order. 2:. In this Act - !~J!~ion. uAuthoriti' means the Guyana National Energy Authority established by section 3; "Council" means the Energy Advisory Council estab• llshed by section 15; "energy" includes power and fuel; "plant'' means fixtures, irnp,lem.ents or machinery used in any industrial process; 11 vehicle" means every description of vehicle ;pro- pelled by means of • mechanism contamed within itself whether constrnc~d or adapted !or use on a road or not, and includes a steam tl"Aotlon ong:ino, otonm rollor And nn ~lrcr.llft. PART U THE GUYANA NATIONAL ENERGY AUTHORITY . 3. (1) There is hereby established the Guyana National mtnt ..,..11,h- IOt the Energy AUthOrlty. A~Mrtty. (2) The Authority in the dischal'ge of Its functions eball be, except in relation to the contents of a. report or recom- men<iation made by It to the Minister, subject to the control and direction of the Mlnlster. it No. 21 THE LAWS OF GUYANA IA.D. 1981

4. (1) The Authority shall consist of not. mor~ than :llve const1tiutJ011 A~;'rlt70 -members to be appointed by the Minister, who shall appoint one ~Wf~', ~6 member to be Chairman and one member to be Vice-Chairman. Cha(nnan. (2) The Chairman shall be the chief executive officer or the Authority arnl, subject t.o tbe gem:ral pollcy declstons Of the Authority, shaU be responsible for the management of the Authority, lnoluding the organisation and dlsdpline or the staff in aecorda-nce, with th& general t~rms and conditions of service established by the Authority with the approval of the Minister. (3) If the Chainnan ls absent or ls unable to act or if the office is vacant, the Vice-:Chitirma.n shall have and may dis. charge the func:tions of the Chainnan. (4) The Minister may at any lime, by written notice to that effect to a member, terminate the appointment of a mem• ber of the Authority. (5) A member of the Authority ma7 at any time resign by written notice to that ell'eet to the Minister. sata~"' an1 5. A member of the Authority shall be paid a salary and ~"'v~nm. exp,en8e8 ~t rate& determined by the MiWstot:. l&mployrnnut 6,. The Authority, with the approval ot. the Minister, "' ,lih.,s , may employ at such, remuneraUon and on.such other _term,s aftd, 111 =,.,.r~fv ' , oonditipns as it thinks flt (ineludine. the na.vment of pAn11lnni::. gratuities "1d other like benefits by reference to the service of. its oftlcers and other employees) a Secretary 1111d such other officers and employees as the Authority may require. is11;pvm, 7. Tbe Au.thority lnAY, at a11y time, rot.Din ,the Benke1:1 of experts and other professional persons (including consultants) having specialised knowledge relevant to the Authority's fu:Qctions and responsibilities and may pay such persqns. such reniuneraUon in respect thereof as the Authority, with the approval Of the Minister, may detenntne. '"'"· 8.(1) The Authority may make rnle, respecting - (a) the sittings of the Authority: (b) the apportionment of the work of the Authority among Jts members; and (c) generally for the carrying on of the work of the Authorlty, the management of 1~ internal affairs 5 A.D. l98ll ENERGY !No. 2 and the duties of its officers and other employees, subject to the provisions of ..ct!on 4(2). (2) Notwithstanding ..ction 21 ol the Interpretation and Qeneral Clnuaca Act ntle& nm.de under thia section arc not <'"11 ~, 01 required to be published in the Gazette.

9.(1) The Authority shall study and keep under review A<;Wl!!i'.>ry matters relating to the exploration for, production, recovery, ri:~-0~f1~tJ! processing, transmission, transportation, distribution, ::iale, pur- llt1, chase, exehange e.nd di$poaal of energy and sources of energy within and outside Guyana, shall report thereon to the Minister and shall recommend to the Minister such measures as it con- siders necessary or in the public interest for the controt1 super~ vtston, conserva.tt<:m1 use, marketing and aeve1opment Of energy and sources of energr. (2) The Authority sholl, at the reqw,st of the Minister, prepare rrt.udi@sl and reports on ~ny tnatter relating to (Inergy or soo.rces of energy, including research into alternative sources of energy, or the application of such research, and shaU recommend to the .Minister the mak:Jng of such arrangements as it considers desirable. for co-operation with governmental or nthcr agcnden. in 01 ou'b5ide Guyana in· tt,&p,e.--ct l)f ma\ll!rs re• lating to energy and sources of energy. (3) In the discharge of its functions under this ..ctlon the Autboritv shall. wherever at>t>ronrlatc. utilise a11Arl~ies of tile Govenunent to obtain techOical, economic and ,;tat!stical information and advice. (4) Studies and reports of the Authority made under this is0t.:tJon 'mtty l,c moiidt: pu(,lic With tlu:: apiuuviil uC IJ1e MhiJtUtu.

10. The Authority may require any producer, importer,·=:1 to. distributor, processor, or consumer of energy or source of Jn.formMtnn. eneruv to provide any_ information in tespeet of bis prod1u.!tion, importation, distribution, processing or consumption of that energy or source of energy that the Authority considers necer-:- sary for the discharge of its functions under 'this Act.

11.(1) Except for the pu~se of the discharge of hie- l'-1-MotnMh,,, functions or when lawfully required to do so by any court or 61 s~cm,v under the provisions ot any law. a member or officer or other employee of the Authority shall not disclose any !nfonnatlon whfch he has acquired in the discharge of hJs funCtions. 6 No. 21 THE LAWS OF GUY ANA [A.D, 1981 (2) Any peuon who fail:; uc neglects to provide any in· formation when lawfully required to do so Wlder section 10 or contravenes the provisions of subsection (1) of this section shall be liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months. na~voniabmry 12. Th& Authority shall have the responsibility of ~& ~:U· monitoring, and of submitting regular periodic reports to the ,::::i,4:~; Minister on, compliance with the subsidiary legislation made by 1.,,.i.,1:f,«,on, the Miniatcr under 3cction 22 or 2:3. ••"'"'::!: 13, The Authority shall undertake sueh other activities :i':!~1.a:~ related to energy management as may b& assigned to it by the "-ll•1gired biyMinister. Without prejudice to the generality of the foregoing, t'he Mtntol<>r, such tasks may include the dissemination of lnformaUou related to energy management including energy consertiation and th& development and utilisation of alternative sources of_ energy and also the formulation or implementation or monitoring of energ'ywrelated projects. The AuthQrlty t.1hal1 11ubmit 1'egula1" periodic reports on any such activities to the Minister.

14.(1) The J\uthority may roter to the Couneil ,ny matter upon wWch it proposes to advise or to report to the Minister, for the i:unuu,mts ot lhe Cuum.:il thereon. (2) The J\uthorlty shall refer a matter to the Council for Its comments thereon if so directed by the Minister. PART 111 THE ENERGY ADVISORY COUNCIi, 15,(1) There Is hereby established the Energy Adyisory Comv_.n (2) The Council shall consist of persons nominated, on the basjs of one nominee ·tor each organisation, by the organisations listed in the Schedule; and approved by the Minister, to repre• 11t11nt thA NlspilCHvA intere.ttt& of thlJSB Drqanisatio~ and su(!:b other persons! if any, from the Private Sector as tbe Minister, in his discret on, may appoint. (3) The Minister may, by order, amend the Schedule. Challllilan 16.(1) The Minister shall appoint one mem,ber of the and Vlc/1• Chalnnan. Council to be Chalnnan and one member to be Vice-Chairman. (2) If the Chairman is absent or is unable to- act or jf the office ls vacant, the Vtce·Chairman shall have and. may dis- charge the functions of the Chairman. A.D. 1981] [No. 2 (3) The provisions of sedion 4(4) and (5) shall mutatl/l m.utantlis apply to a member of the Council as they apply to a member of the Authority,

17. A member of the Council shall be paid expenses- at 3 ,s.penseti ratce;; determined by tho Minister. 18,(1) The Secretary of the Authority shall be Secretary_ also of the Council, ~- (2) 'l'be Chairman 0£ the Authority ahall n;u~ke avail$ble to the Council the services of such other staff and such other facilities as are necessary for the proper and efficient discharge of the functions of the Council

19. The Council shall meet whenever necessary to ensure 11.-a. au11 the piyper discharge of its functions under this Act or when~~- ever directed by tho Minister or by the Chalnnan of the AU• thorily and, subject to the approval of the Minister, the Council may regulate .its own procedure.

20. The Council shall, as soon as Possible after l'eeeipt Du1uu o1 of any matter referred to it by the Authority, consider the QM oourw:n:. matter expeditiously and communicate to th• Authority in writing the o.rininns ami comments; o:f the Council thereon.

21. The provisions Of section 11 shall muiatis DlU..._ills PNNftdio,n apply to the members of the Council and to the officers· and Qf ~ , . other employees referred to in seotlon 18 as ther apply to memben11 offli;:ers i>i· other employees or the Authonty. PART IV POWERS OF THI! MINJS~R

22.(1) The Minister may, for the purpose of formulating and=• impl~m:enting measures calculated 10 improve the .situation in~• 1111• Guyaba with regard, to energy and sources of energy, make regu1at1ons: (a) regulating or prohibiting the production, supply, acquisition or use of energy or sources of energy; (b) respecting teehnic~l effil'fotl('y standards of pfant., equipment, appliances and· -vehicles that consume or produce energy; (c) prohlbitln~ or restricting the import of plant, P.qnipmenf, 11ipplt:ahl!M jlnrl VP.hfohl!i! that. dn nnt -:O'>mply with a prescribed technical efficiency in 8 :N.c:oc_,_2:-lc__ _ _ THE LAWS OF GUY ANA !AD, 1981 respect of energy consumption or production, or use a type of fuel which, in the opinion of the Minister, is, inappropriate in the context of energy conservation. or the utilisation of alterna- tive sources of energy; (d) respecting technical standards procedures and guidelines for the storage, production, processing and distribution of ener~ and sources of eneray. and for technical persons employed t])erein; (e) reepecting Incentives, financial or otherwise, for the development and utilisation of alternative sources of energy including tho conversion to an alternative source of energy of plant, eqWpment, appliances, vehicles or other energy-consuming machinery or for the modification thereof or of buildings for the purpose of reducing: energy oor1Rt1mption; \!) generally for ca;rtyng. on'\ the pnrpooes and pTo~ visions of this Act. (2) Regulations made under this sectJon are subject to negauve reso1uuun 01 llle NaUvwil A:1,lltmll.11y. ,.• .., 28(1) The President may, by order, declare that any ,power i:r:r •taJ exercisable by any other Minister or other authori_ty under any ~ •• other written law shall, in so far as that power relates to tmergy or sources of energy, be t.ransferred to the Minister to .be 8x_er- clsed ex:clu&i.vely by him for carrying out the purposes and ._prop visions of this Act. (2) Where an order transferring a power is m_ade under subsection (1) any subsidiary legisla:tlon made by any other Minister or other authority from whom the power is transferred and in force at the _time of the transfer shall continue in_ force until amended, repealed or replsced by subsidiary legislation made by the ·Minister in exercise of the transferred power. (8) Subsidiary legislation made by the Minister under a power transferred to him under this section is subject to nega• tive resolution of the National Assembly.

24.(1} Subsidiary legislation made by the Min.IBter in exercit1e of a power under section 22 or transferred to him under section Z3- (a) may be made so .. to apply or operate throughout Guyana or a specllled part the:reof; II A.O. 19811 ENERGY. !No. 2 (b) may be mad!, to operate for any time, period or occaaion speei!led therein; (c) may be of lll"l•ra! operation or litnilad according to tlo).es, places, clrcwnstances, conditions or rest.rlcllo!IB speclliell there.tn; (d) may be n,ade su as to apply eitber lo persons or undertakings generally or to any particular person Ol' undertaking or class of peraon, or under- tal!:lng; (e) lllJ\Y provide ir>r tlu> 81llp,>Wodng of• person or authority specitied tber•ln lo mate regulations, rules or orders or give directions for any purpose tor whtell the subsidiary leg!slatlon ls authorised to be made; and (f) may provide for a penalty for the contravention tbereot of a Jim, of one thousand dollars and lm- priBooment foi- three montha. (2) This section a1>Jllie• notwithstanding the provisions of tho wrltti,n law in wblcli a power transferred to the Minister under sectlOb as Is contained. PARTV Gl!ll'IEIIAL ThA Authority mwv bey;) and on&rate a bank account. ~~~"'"" The fUnds and resources of the Authority shall consist PuDd, and f'~l()f of ~ tbe A'U1ht,rt1y. (sa) !:nt>h mM'lif'.!i; RJ:i ma.v., frnm. time th -time hA votM by Parliament for tile purposes of th!$ Ael; and (b) nil other swns or property that may in any manner become payable to or ves~ In llie Authority in resooot of any matter incidental to Its pow,m, and duties.

27. All expenditure for the purposes of this Act shtll be s~pwu1uur• paid out of tho fund• of the Authority. ·

28.(1) The Auth(Jrjly shall keep l!<!Counts ot Its transactions, ""'""'" including the receipt of moneys under section 26, and ,,111it. (Z) All books of accou.ut kept by the Authority allall be subject to eJam1nat1on and audit at any time by' thC. Audltor General. 10 No. 2.i THE LAWS OF GUYANA !AD. 1981 (3) The accounts of !he Authority shall be audlted annual- ly by an auditor appointed by the Authority with the approval ot the l\liJlister. (4} The members, officers and employees of tho Autbority shall grant to the Auditor Gene,ral o:r the auditor appointed unde1· subsection (3) access to all books, documents, caah and securit1e$ of the Authority and shall give him on request all such inform.a· tion as ma;r. ll$ wlthin their kllowli?dge in re1aUon to the operation of the Authority. $<1C(II.J.dlll.(lllt 29.(1) Where a pUbllc officer is seconded or temporarily fit 'transfer lr!lnsferred from a ~ns!onable omce within the meanln11 of the ot ufttcu.f. to rthO Pensions Act to an ofllce w1tll the Authodty secUon O of that ~02, Act shall apply to him as if hls services with the Authority were servie& in a public office. (2) Where a public officer is apl)Ointed to an office with tllO Authority, Ws llel'Vice with tin, Autborlty i,ball be other pUblk service within the meaning of, and for th• pufl'OS" of such J)ro- visions appll<lal>le !1> relation thereto as are contained ln, the Pensions Act (including the Pensions Regulations 1967). (S) Sub&eetfotlti (1) and (a) shall, as they Qpp)y in re.11.ltiOh to a public officer, apply mutatts mutandls in relatlOn to a teacher <.:ap. 511 05 to whom the Teachers' Pension Act applies and-who is employed by the Authority. Seclloll 15 SCHEDULE ORGANISATIONS RllPRESENTED ON THE ENERGY ADVISORY COUNCJL State Planning Commiss!OIL Bank of Guyana. Minii;try of Trade and Co:Mumer Pr9teetion. Guyana State Ctn]111.1.-1;t1,Lu.u. Guyana sugar Corporation. C.uyana- Efad.rl"-il1 (".,o,rporatlon. Upper Ma,arunl Development Authority. Guyana Consumers AsSodation. No.ti-onal s,;.,.wneo: RMea~b Council. Guyana Assocla\lon of Professional Engineers. n A.U. lY~ll Trades Union Congress. Ouyo.1to. Miuh-.g '.lllntcrp'ti111(1-, Guyan~ Manufaeturers Association. Georgetown Chamber of Comme1:'ee. Linden Clrnm'be.1: of l tJ.- 1m!U'Ce, Berbice Chamber of Commerce auti Doveloproent Association. Shell Antilles & Gulanas Ltd, Jl;sso ~tandara 0;1 s.A. 1,t.(I. Texaco West Indies Ltd. Guyana Oil Company Ltd. Institute of Applied Science and 'i'ecbnology. Pmm:d by (lie Nafiurml Asse:mbly vn tire Zlth Mardi. 1981 F. ;;f. Narain, Cleek of the National Assembly. (Bill No. 1/11l81)