Energy Sector (Harmonisation of Laws) Act (Cap. 57:02)

1. Short title and commencement

2. Interpretation PART II HARMONISATION OF LAWS

3. Amendment of section 6(3) of the hydroelectric power Act.

4. Amendment of the Guyana Energy Agency Act 1997.

5. Construction of references in the Guyana Energy Agency Act 1997 to the Electricity sector Reform Act 1997 LAWS OF GUYANA 4 Energy Sector (Harmonisation of Laws) Act Cap.57:02 An ACT to harmonise laws governing regulatory functions in the restructured electricity and energy sectors. A.D.2002 Enacted by the Parliament of Guyana: - PART I PRELIMINARY Short title And commencement 1. This Act may be cited as the Energy Sector (Harmonisation of Laws) Act 2002 and shall come into operation on such date, as the Minister shall appoint by order. Interpretation. 2. In this Act- (a)“Commission” has the same meaning as in No.10 of 1999 section 3 of the Public Utilities Commission Act 1999 (b) “Governing body” and “public supplier” have the same meaning as in section 2 of the Electricity Sector reform Act 1999 No.11 of 1999 PART II HARMONISATION OF LAWS Amendment of section 3. Section 6(3) of the Hydro-Electric Power 6(3) of the Hydroelectric Act is hereby amended in the following respects- Power Act. Cap.56.03 (a) By the substitution for the word “shall” in the subsection above the provision, of the word “may” and by the substitution, for the full stop at the end of the provision of a colon; and (b) By the insertion, immediately thereafter, of all the following further provision (c) “Provided further that, prior to granting a final licence to an undertaking, the Minister shall be satisfied- (a) that the governing bodies of both the public supplier to which the public undertaking proposes to sell electricity for transmission and distribution to LAWS OF GUYANA 5 Energy Sector (Harmonisation of Laws) Act Cap.57:02 consumers have approved the terms and conditions upon which such electricity shall be purchased by the supplier, and such terms and conditions insofar as they relate to rates have further been approved by the Commission in the exercise of its authority under section 35(1) of the Public Utilities No 10 of 1999 Commission Act 1999; and (b) that the terms and conditions so approved are commercially prudent and viable, shall not adversely affect and shall enhance the system-wide capacity, reliability and efficiency of the public supplier, and are compatible with national energy policy”

4. The Guyana Energy agency Act 1997 is hereby amended Amendment of the in the following respects- Guyana Energy Agency Act. No.31 of 1997 (a) by the deletion of section 5(3); (b) by the substitution for section 7(1) of the following subsection- Cap 56:03 “(1) The following conferred on the President by the Hydro-Electric Power Act and the regulations made there under shall, with effect from the commencement of this Act, be exercised by the Minister, and the provisions of than Act relating to the functions of the President shall be read and construed and have effect as if references therein to the President were references to the Minister.” (c) By the substitution for words “The Agency” in section 10(1), of the words “in the performance of its specified functions under section 5, 6 and 8, the Agency. LAWS OF GUYANA 1 Energy Sector (Harmonisation of Laws) Act Cap.57:02 Construction of 5. Any reference in the Guyana Energy Agency Act, 1997 to the reference in the Guyana Energy Electricity Sector Reform Act 1997 shall be read and construed as a reference agency Act 1997 to to the Electricity Sector Reform Act 1999. the Electricity sector reform Act 1997. No.31 of 1997 No. 30 of 1997 No. 11 of 1999