Hydro-Electric Power Regulations (Cap. 56:03)

2. Interpretation. 3, Survey permit.

4. Application. S. Filing foo.

6. Chief Works and Hydraulics Officer may require further inform. ation.

7. General lay out plans.

8. Publication of applications. 9, Objections.

10. Answer of applitant. I I. Determination of application by President,

12. Terms of interim licence. 11 fnt'n.,r,t,,~ti"'n ....r t@rma_

14. Commencement of constrm:tJon.

15. Temporary nature of rights.

16. Change in plans. )7. Inspection during constrnction.

18. 'Reports.

19. Amendment of interim licence.

20. Default by interim licensee.

21. Completion of initial development. 22, Groot c:>f final liQCnoo.

23. Terms of fu>al licence.

24. Term of final licence.

2S. Assessment of actual cost.

26. Payment of rental.

27. Payment of royalty.

28. Revjsion of royalty.

29. Keeping of records and statistics.

30. Non-payment ofroyalty. JJ. Payments m.ad.e to (;hief works and Hydraulics Offieet, 32, Use oflands.

33. Licence not conferring rights to minerals.

34. Free access to bm,........, plr •'\If to be maintained. 35. l.imitcd right to ci.wiimb\...' L.R.O. 111973 18 Cap. Sli:03 Hydro-Electric Power Hycj'o-Ekctrlc PotWtr Rqu/aJWns kEOULATION 36, Resumption of lands for public purposes. 31, Licensee to observe certain $\andatds,

38. Inspection of accounts. 39, Chan.ge in plans.

40. Direction to instal 1'.D.eterS, etc.

41. Fail\lJfJ to meet public domand. 4l, ~urin,g of cnla.r,iscd devclopn:i:c-ot.

43. Implied terms.

44. Expenditure returos.

4S. Fair W•,... Rule,;.

46. O~at'IC'(', ofb1.WR nf ,aaviga.tinn, l!~t.

47. (I) Watcr•poWct$ not c.Xceeding SOO horse-power. (2) Watcr--powen not e1tceeding JOO horse-power. Rt:a, 8/1957 HYDRO-ELECTIIIC POWER REGULATIONS made w,der sec/ion 23 Citalion. I. TbeSe Regulations may be cited as tbe Hydro~Blcct.ric Power Regulations.

2. In these Regulations- "'applicant.. means any person who has filed an appJication. for a. licence under these Regulations; ''final licence*' means a licence issued under regulation 22, and ''11:nat. licensee" means the lawful holder of a "fin.al licew:cH; "initial development" means such portion of the development of th.,. undertaking a& is specified in the interim lioencc as being·. ,c,quired to be oompleted before a final licence may be issued; "inwrim lic;cnce.. mcaI13 a. licx;nQC iaaued in nooord.anoo with th~ provisions of regulation 11, and uinterim licensee" means the- lawtul holder of au interim Uoonoe. SURVEY Pi:?RMlT

3. (I) Any pmon deoirous of applying for a licence to divert, store or use the waters ot any river for the purpose or generating. electrical energy may apply to the Chief Works and Hydraulics Officer for a survey permit empowerina him to enter upon any publio· lands for the purpose of making such surveys and investigations .. may be necessary for the preparation of plans accompanying his- anolication. but for no othe, p\ll1)Qse, and tho Chief Works ancl Hydraulics Officer may grant to such person a survey permit as. aforesaid.. Hydro,.E/ectric Power Cap, 56:03 19 (2) A survey permit may be granted for any period not ••· <:Oeding one year and may be renewed by the Chief Works and Hydraulics Officer on application made to him for further periods mot exceeding one year each. (3) The grant of a survey permit shall not confer any priority •O'V¢r other applicants for the div(:r1;1fon of any wnter~power nor any :special claim or right whatsoever in respect of the said water~power. THE APPLICATION

4. (I) Every person desirous of diverting, storiog or using the Appl.,.tloo, -waters of any river for the purpose of generating electrical energy Cl or 19721 may file with the Chief Works and Hydraulics Officer an application 1o the Prca.idcnt for n Ueenoo under tho Act. (2) Every applicant for a licence shall file with the Chief Works .and Hydraulics Officer a statement giving or aocompanied by the following information- (a) the name of the applicant; Name, (b) his address and occupation; Address, etc. (c) the name of a clear description of the river, lake, or ruver, etc. other water-course from which the water is to be diverted or used; (d) the place where the water is to be diverted from or in Pl= of the said water-course, referred if possible to an established diversion. -survey mark; also the pJace where the water is to be returned -or released; (e) the maximum quantity of water, expressed in C\lbic feet Rlverftow. per second, which it is estimated will be ultimately diverted or used under the Jicence applied for; (f) the estimated. average head in feet which wilJ be avail~ Head, .able for the production of power according to the plan of ,development now proposed; (g) the estimated minimum amount of energy expressed in Minimum horse-power which will be developed ~n the turbine shaft ~°: within five years from the date of the application or within · ·such other period as the applicant tnay state to be requited for the completion of his initial development; (h) the estimated maximum amount of energy expn::~ru iu Maximum horse-power which it is estimated will ultimately be developed ,on the turbine shaft from the waters applied for; = ' (i) briefly the chariwter and extent of all principal works wo<b- which it is proposect to oonstn1ct tor <Uvenlng, conveyJng, ur ~=tion using the water ot atel >Wer, including dams, raceways, · -canals, tunnels, 'pipe lines and other water conduits, power-- ,., Cap. 56:03 Hydro-Ekctrit: Pow,r a,..FJ«lrlc PD'Wff ~ ho...,. and llao$JWssion lines; (In reference to every dam give its approximau, maximum length and heigh~ also its proposed ·~- """"°"'· type, and lhe mat,,rial to be used in its construction); (/) if storngc is involved, the location ot ca.ch lake, ba&in or other place in which it is desired to store water; also, with reference to each such place the approximate number of acres of land which it is proposed to flood, the approximate area in acru. of the aurfaco of the IC$Cl'V<)ll when filled, 1hc cotimat.cd vcnical storage range in feet, and the total capacity of storage contemplated in acre-feet; ....... requin,d. (k) a reasonably accurate description of lhe a,ea in acres of the Ltnd& •hkh ~uirc to be ()C(;f.l:piod'or used in the c::omtn«.- tion, maint.nanee or operation or lhe proposed works, noting separat,,ly lands ,equired for rights of way and lands which are to be ftooded- (i) within Stat,;: land.a, (li) within Government lands, (fu) within prlvarely owned lands; (/) general layout plans and data prepared in accordance with tho p.-ovfoiom of Rplo.ti.on ? ; Nciabbourina (m) the n..,..t neighbouring works or struclllrell com- wo,b, pleted or in course of construction, both above and below lhe plaoo of the proposed diversion, for diverting or wiing water for any purpose from thd same sou:n:e of supply and the ap- proximate distance and direction of each such works from the proposed works; also the names and location of any other works or structures whatever (including bridges, railways and ~ ) which might affcc;t or bo affected. by ~ construction, mainteoan-ce or operation of the proposed works; (n) the approximate discharge in cubic feet per second, al or near the place of divemon of the river, lake or other sooree from which the water is to be diverted at high,, medium and low watet' stages respectively, also copies of any existing measurements of the fl.ow of the stream in the applicant's pouession and a reference to all other such measurements of whlch the appli-t has knowledge; (o) briefly an oulline of the u.ndcrtalcing in respcot of which the licence is desired, including the use lo which the power is to he applied, any sale, delivery or transfer theoeof otherwise than to the applioant which is contemplated, the area, lf any, within which such sale, delivery or transfer is to be exercised, the probable demand for power within such area and an estimat,, of the capital cost of the entire undertaking; (p) the finan<iol •tandlua of the •ppli.....i with «rcrenco to bis ability to carry out the proposed u.ndcrtalcing; Hydru-E/ectr/c Po..., Hydro,,EJectrit Powtr kJµJaJW114 Cap. 56:03 -) (q) if the applicant be an incorporated company, the state- '-111kl• 21 ment shall, in addition to the forcgoll\g information, set data. forth- (i) the names of the directors and officers of the compaoy, and their places of residence; (ii) the head office of the company in Guyana; (iii) the amount of capital authorized, also the amowits of subscribed, and of paid-up capital, specifying in regard to the latter~ {Al how much has been paid in cash, and (11) in what manner the balance has been pa.id for, also the proposed method of mlsing further fimda, if required, for the comtruction and opetation of the proposed works; (iv) copy of the special inlltmmcnt of incorpomtion or the memorandum of association and a statement setting out the particular sections or parts thereof which authoraod the company to make the application and to carry out the propoSOO undertaking, (3) All elevations given in connection with the plans or other infonnation filed by any applicant should be referred to mean sea- level datum, or to a datum acceptable to the Chief Works and Hydraulics Officer. S. Forthwith upon the filing by the applicaut of such data as is FillnJ ..._ ,required by these Regulations he shall pay to the Chief Works and 11 of l!l72J Hydraulics Qflicer a fee of one hundred dollars (SI00.00).

6. The Chief Works and Hydraulics Officer may, at any time while Ollol' an application is pending, irrespective of any other requirement of n:' ~~ w- :,.uue these Regulations, call for such additional plans, descriptions, may measurements, specifications, or other data (whether related directly =tion~ or indirectly to the proposed works and undertaking) as he considers II of 1972) necessary, and the same shall be furnished by and at the expense of the applicant; provided that no further tiling tee shall be payable in respect of such additional data. 7, (I) The general layout plans and data shall be such as in con• a-mt'4y- junction with the data already available will enable the Chief Works ci' ft97ii and Hydraulics Officer to determine whether tbe propose<! works are • of suitable dcsigu to aecomplish the purpose intended., whether the proposed development is in general accord with the most beneficial utihmtion of the resou,....'i\S of tl\e stream, and whether the proposea undertaking is feasible .nd , ,cticable and in the public intercsl, L.R.0. 111911 22 Cap. 56:03 Hydro-Electric Power a.nd such plans shall further confonn to any requirements of the Chief Works and Hydraulics Officer not inconsistent with these Regulations. (2) The said plans and specifications must be carefully prepared, being based upon actual and thorough surveys and investigations on tho ground. Tboy mmt be in :sufficient detail to 'in.a.bl<: th1;; Chief Works and Hydraulics Officer to determine exactly what is proposed to be done by the applicant, and must show the position of the proposed works with reference to surrounding objects. so that the exact scope of what is desired may be rca.cliljc located and asoerta.incd. They shall show what provision is made for navigation, logging, and other interests. They should ordinarily include the following items but the applicant may be excused by the Chief Works and Hydraulics Officer in writing: from supplyins some part or parm of the informa- tion called for by this regulation: Gcnentllmap. (a) a general map with scale so selected as to clearly define the location af all dams, reservoirs, conduits, power-houses and other works, except transmission lines; Dam4itc. (b) a cross«ction of each dam-site along the centre line of the proposed darn with graphical fog of each boring, testpit, or otho.r exploration, and a brief statemf1tt of the charaeter and dip af the underlying material; Principal (c) plans, elevations and eross-sections of the dams showing Jlf'UCIURI, spillways, sluiceways or sluioepipes and other outlet or control worn. atso or me otner princtpa.t strucrures wntc:n may be required; Conloum- (d) a satisfactory contoor map showing the proposed UIO o/ powcr..house and other works; won,. CoolOUR- (e) a satisfactory contoor map of the entire water conduit conduits. location and also plans, elevations and cross-section of each type of water conduit; If) • sallofactory contour map of each ,emvolr site showing the amount of flooding involved, the location and cbaracter of each proposed dam and of other contingent works; Tr:ansmiuioo. (g) a map of the survey of the proposed final location of the centre line of all main transJnission lines to and including the receiving stations; Land> (h) :said phms or mapi;; i;;hall in cvccy auc 5how thQ loQ).tion 00:Upied. and area of the lands which are required to be occupied, used, or flooded in connection with the proposed works; Hydro~Electric Power Cap. 56:03 23 Hydra-Elettric. Pawer- Regu.laJlont (i) a general report outlining and describing the plan by o...,., which the applicant proposes to develop the water-power. ~ Such report shall set out- co~ g- (i) the dams, weirs1 tunnels, rooes1 flumes, (duioes. pits !kior or and othtr structures ot works which it is propo~ to build ptoJeci. or make in connection therewith; (ii) the form in which the power developed is to be used, i-~., whether fur Uirec\ me~hant1.al wnnectton, gcnera\ion of electricity or otherwise, and for what purpose it is to be used; (iii) any other data necessary to a full understanding of the nature of the undertaking; (iv) the natural height of the fall or rapid; Physical (v) the extreme high and low water levels at the power data. dam site and the power station site, and of all bodies of water proposed to be used as storage reservoirs; (vi) the ftow of water in cubic feet per second at the high, low and average stages of samej (vii) thr: r:stimatr:d capacity in hoTSr:-powc:r of thr: fall or rapid in its natural condition at the average low stage of water; (viii) the area and available capacity of each proposed storage reservoir~ (ix) the esthnated percentage of stream-flow to be made available from storage; (x) all other data nt<essan, to a full consideration of the natural features of the site or sites of the proposed works; (xi) the estimated total average effective head it is pro- Con,truction posed to develop; data, (xi.i) the height and full des:crlption of any dams or weirs, which it is proposed to construct; (xiii) the increase in the level of the water to be brought about, and the area and character of lands to be flooded by such dnms or weirs; (xiv) the effective discharging capacity of such dams or weirs and the type of the proposed control works; (xv} the length and full description of the proposed water condUits; - (xvi) a full description of the power station including the type, number and rated capacity of the water-wheels and generators ·op(.' 1. to he used, both in the initial and in tlte final developn.:nt; 24 Cap. 56:03 Hydro-Electric Power [s+n·:: >l (l<Vit) the probable load factor of the power system; (xviii) the length in miles and a full description of all main transmissilln lines; (xix) all other data necessary to a run consuterauon 01 the proposed works; .,_ £,tJma. . (/) the report mentioned in the last preccdmg paragraph sbal1 in all cases be accompanied by preliminary estimates of cost; Field no&cs. (k) copies of field notes of the entire survey of water con- duits, transmission lines, exterior bolllldaries, powerhouse and reservoir sites, or of such ll.VIS thereof as the Chief Works and Hydraulics Officer may require, tie4 in wherever possible to the existing system of the Land Surveys; (/) if there are other works already constructed or in course of construction in the noighbonrhood of the proposed work&, for diverting or using water from the same or tributary streams, the said plans sbal1 indicate the location and give the distance from the proposed work&, of the nearest of such other existing works both above and below the proposed works, and, if a power development, the normal etevatioll of the head• water and tail-water thereof, or if other than a power develop- ment, the elevation of the sill of the head-gate or head-gat<s, such elevations in every case to be referred to the same system of elevations as are used to designate etevaUons at the s\te or the proposed works; and if there are any other works or structures, such as bridges, railways, highways and canals, or any other public or private works whatsoever which might affect or be affected by the comtnwtiun, mu.intewwcc or operation of the proposed works, the Aid plans shall indicate the l""'tion and set out the governing elevations of such other works or structures. (3) The said maps, plans and specifications shall be signed by a professional engineer of recogni,.od standing, satiafaotory to the Chief Works and Hydraulics Officer, and shall be filed with the Chlel'Wnrh and Hydraulics Officer. Elevations should be tied in to mean sea-level datum or to a datum acceptable to the Chief Works and Hydraulics Officer. 'Pml.UCATI0N AND OBJBCl'lONS Publlealioo 8, (I) Forthwith upon the filing by the applicant ofsuch data as is of applica- required by lhcse Regulations and in every case before the issue of a lkm, (I of 1972] lkonc,, in favour of the applicant, the Chief Worb and Hydraulics Qffic:er cbaU cause to bO published, in three suCCONivc issues of the Gazette a notice of the application. HJ•dl-o-E/tctric Powtr &gulatiohS [..........,] (2) Such notice shall be marked at the top in plain letters "'Hydro-Electric Power Application", and shall be in a form approved by the Chief Works and Hydraulics Officer, and shall give substan- tially the following information: (a) Name and Address of applicant; (b) Date of application; (c) Name or clear description of source of supply; (d) Place of diversion clearly described; (e) If storage or pondage of water is contemplated, the place of storage, the capacity of the intended reservoir, and a general description of the lands which will be flooded; (f) Maximum horse.-power capacity of proposed plant; (g) Nature of the undertaking and utilization of the power; (h) A statement that the application has been filed with the Chief Works and Hydraulics Officer, and that objections may be filed by any interested pany with the Chief Woi-k.is and Hydraulics Officer; (i) Such other information as the Chief Works and Hyd- raulics.Officer may decide.

9. (I) Any person may, within twenty-one days after publication Obleclloo,. of the first advertisement, lodge with the Chief Works and Hydraulics n"'lmJ Officer a petition to the President objecting to the grant of the licence. (2) 5vc:cy peddun :shall 5WW ishonly lbc grouuW ur obja;;f.iun to the grant of a licence and slulll set out the address of the petitioner. (3) The petitioner shall lodge with his grounds of objection a statutory declaration containing the material facts on which he relies in support or his growuls or objection. (4) The petitioner shall, within two· days after lodging the petition and statutory declaration, deliver a copy thereof at the registered address of the applicant.

10. (I) The applicant may, within fourteen days after delivery of """""'of the petition, lodge with the Chief Works and Hydraulics Oflicer- lf~';'§hi (a) an answer to the petition stating shortly the grounds on which he relies; and (b) a statutory declaration setting forth the material facts in support of such grounds. u. Any objection entered in accordance with these Regulations DeWmlna- shall be consideml by the Pfflident and shall be determined as he • 00 i:ti shall consider lit, and,· bie<. ...,.to, the Pttsident may issue an W....,..\'!,. interim licence to the appJicant 1or carrying out the said development. 26 Hydro-Ekctrlc Pow<r l - . ,l Tim l>ml&o,( L!CE><Cll -· y..,,,.or l2. Every interim licence for the development of a water-power interim or storage underlaking under theoe Regulation, shall 5"t out [I or 19721 patticulars and Jay down requ.imncnts, in so lllr as applicable to the """'• with RSpcc! to the following matters: (a) • ,;, '' d or tecitala giving- (i) tht name and address of the interim licensee and date of his application; (il) the name and location of the power or storage site, the &ta\elrullll that land& or w•~ arc required to ho used or o<oUPicd in oa,rying out the undfflaklns, "® bri•8y the nature of the works and undertaking propo5"d for the d<weloprncnl of the said siti>; also a refcnmte to eny plans or data on file and where filed in which the said works and undortakins on more fully ah.own or deJCJ'ibed; (iii) the dati> of each permit and extension thereof which _., may have boon issued in favour of the interim licensee and a statenlonl whether the requiremcnts thereof and of the R.qulatiow. have been flillfy C10m.pliti.d with by &uoh in.tc1rim licensee; -· Ti.r.oefor (b) the time within which an initial dcvdopmont of the site lnillal capable of producing and havm.s available for boneJiclal use a suncd minimum wnuUllt Qf hUao--powcr mc.Aa\U"OO on the turbine shaft, or in the case of a storage undcrtal:lng, capab1" of storing a specified quantity of water, shall ho completed, such initial development in every case to represent substantial pro,pa,:s townt<b ~ ,completion of tM en.tire development of the site as outlined in the plan, approved by the Chief Works and Hydraulico officer; (c) a general statement with tespe<I to the lands which the interim hcensee may, for the time being and subject to th• provisions hereinafter sci out, enter upon, use or occupy for making surveys and investigation, and consttucting worl<s; (d) the amounts of river-ftow, if any, which may ho temporarily diverted, used or sto<td under the interim licence, pcndil1$ the issue of a final licence; .......... llcotalsand (•} the sum or sums to be paid as Rntala or royalties for the lands occupied or the wateIS used during the life of the interim licence, also th• times and the manner of the paymont thereof; Bond, (j) the amount of the bond, if any, required to ho deposited by th<, ...,.,;... ,.,..,... . . ...,,,;ty for the 1'Crformance of the terms and conditions of the interim !iC01lco; Hydro-Electric Power Cap. 56:03 27 Hydro-Electric Power Regulations -t (-] (g) the i$sue in favour of the in.terim li~nsce upon the PiwlJ liocm:e. completion of his initial development and observance and "" fulfilment by him of all tho terms and oonditiOWI required by the said interim licence and under these Regulations to be by him observed or fulfilled of a final licence for the use or storage of water, for the development of energy therefrom, for the utilization of such energy, and for the use or occupa• tion of lands which, in the opinion of the President are required for the proper maintenance and operation of the works; and a statement of the principal terms, which, subject alway, to these ROl!lllatiOW1. will be embodied in such !inal licence when issued, including- (i) the maximum flow or quantity of water which may be diverted from time to time at the place of diversion, and us~ from tiule to tinle at the place of use, respectively, under such final licence; and if storage is involved, the maximum capacity of storage penni,sible from time to time at each storage site; subje<::t in either case to the control and regolation of the stream~flow a.nd of UJ!t-..ts on the stream as hereinafter provided; (ii) a brief description of the undertaking in respect of which such final licence is to be issued, including the use whim may be ma.do of the power or 3toro&e, whether power may be sold or delivered to or used by other than the applicant, and if so; the territory within which such sale, delivery, or transfer of tho right of use may be •xercised; (Ul) the term ot the 1lnal licence; (iv) the sum or sums to be paid as rentals or royalties during the period of the J!nal licence for waters used or stored and for the lands occupied, respectively, or for any other privilege granted; (h) any other special terms and conditious whlch, subject Special always to these Regulations, may be imposed by the Presiden~ '"""'·

13. Every interim or final licence shall be deemed to incorporate - - and shall be subject to the provisions of the Regulations in force Uon °1._.. at the time of the issue of such interim or ftnal licence in so far as applicable to the said interim or fin.al licence- without restatement of the said provisions in such interim or final licence, and shall also be subject to such other stipulations, provisos and ronditions, not inconsistent with these Reguhl.tions, as the President may impose.

14. Forthwith after <: exr ''ltion of the interim licence the interim n . ~ licensee shall oommenec the 1,.,,istruetion of the said works and shall =,..._ f .. RO. Jfl913 28 Cap. 56:03 Hydr<>,F.Jectric fQwer l_,.,,I c.htrt:Wtcr withuw intcrrupliuu, CAet:pl such ;U may be oi.caiaion.cd by act of God or other major -cause beyond the control of the interim licensee (oth« than want of funds) carry on and complete the construction of the said works according to the plans and specifi- aulom as Ill approved, and subject to the I.C'nnu of llte interim lict:1100 and of these Regulations. Temporary IS. Only such in1"rirn rights of entry upon or of use or occupation natUtt or of any landa aha.11 be acquired by virt~ c.>f any in.terim licence risht.s, exec:uted under these Regulations as may, in the opinion of the President, be n......ary for the purpose of-king surveys, pr<paring maps and plans, constructing works and otherwise carrying out the tcrtlU of the interim lioonoo. The Preoident may, from time to time, as plans and information are filed showing the extent and scope of the works and undertaking of the interim licensee with greater precision than was possible when the interim licence Was tx.ecuted, designate, allolt amend and limit tho areas or the said lands which the interim licensee is permitted to enter upon, use or occupy for the pu,pose aforesaid.

16. The interim licensee, before makiqg any material change in the plans as approved, or in the works constructed or under con.. struction in pursuance of his licence or in the location thereof authorized. shall submit a complete and satisfactory statement and plaru: of !rUCh proposed chartse to the Chier Works and Hydraulics Officer. and shall not proc:eed to cany out the same until such proposed change bas been authorized. ln.s~on n. (l) The Chief Wnrkl. and Hydraulics Officer. or the Eneineer d...... con. or any person authorized by either for that purpose shall have fr<e IU\ICtiOQ, 11 ortmJ 8"""" at all times to all parts of the lands being occupied or of the works being conslrueted by any interim licensee for the purpose of ~ 8 wh«other the, Nrm.11 ,and eonrlitinm: nf thl'! intl'!l'lm lil'PnN» are bema satisfactorily carried out by the interim licensee, and in particular whether the construction of the work is in accordance with the plans and specifications approved as her<inbefore provided; also to.t t h e ~ or C"h,e,:,king ~rtd tP. lo"'S fintl". nf' t"..nnAtmctinp..cn"t data: for which purposes the contractor or any sub-contractor shall give the person so authomed for the purpose access to figures in the possea:sion of such contractor or sub,,oontractor at all reasonable tinies. (2) The interim licensee shall abide by, conform to and carry out all r<asonable written instructions of any person inspecting under paragraph (I) regarding the construction of all works in accocdance with lhc pla.us arul spccifica.tiom approved aa herein• Hydro-Electric Power Cap. 56:03 29 [-] before provided, and in case of dispute, regarding the reasonableness of such written instructions, or regarding the requirements of the plans and specifications, the President's decision shall be final and conclusive; and in case the interim licensee does not abide by or coliform to and carry out the said written instructions the President may cause the interim licensee to suspend all operations with respect to works herein mentioned until the President !rives instructions to resume the same, and in the case of continued refwal by the interim licensee the President may canceJ the interim licence. 1&. The interim licensee shall submit such reports of progress Repnrt!I. during construction of the said works as the Chief Works and [t or 19721 Hydraulics Officer may from time to time require. 1?. SU-bj(Nt to tbc::so R,;;gulAtio1u, th<"; tc:c-m.$ of ~ny interim liocnoc AmlmWu~m may be amended by a supplementary licence granted by the President; f.~terim and plans and specifications previously approved may be amended · with the consent in writing of the President, but any such amendment &ha11 aff'<:ct only the portion specifically covered in such supplementary licence or writing, and shall in no case operate to alter or amend or in any way whatsoever be a waiver of any other part, condition or provision of the original interim licence. =

20. (l) If the interim licensee fails to commence the actual con. Default by struction of the initial development in good faith within the time required unde-r his interim licence or fails to make substantial and fl of t97ZJ satisfactory progress in the first year of the period allowed for· the construction of the said initial development, the President may cancel the interim licence. (2) If the interim liQensee fails to e1Cpend on the initial develop- ment within any of the stated periods set out in his interim licence, the amount required by such licence to be so expended, or fails to complete the said development within the time specified, or fails to comply with (t.t\)' other torm or oondltiQn of hie intorim 1fo•noo or of these Regulations, his interim licence shall be subject to cancellation by the President after a full report has been made on the matter by the Chief Works: and Hydraulics Officer and after si~ty days• notice tuts been given to the interim licensee. (3) If such failure 0<:curs subsequently to the time when the licensee has expended on the initial development one-fourth of the total amount that the licenr ..equi•..s shall be expended, the interim licensee may appeal from t... dee,. Jtl of the President to the High Court. 30 Cap. 56:03 Hydro-.Electric Power ts ts11'ar)'J Hydrr,,-El«tric Power RquiD/l"1U - ~.::l'"' mcot Uof 19721

21. (I) As soon as the interim licensee bas completed bis initial development and otherwise fulfilled the tenns of bis interim licence he shall file in the office of the Chief Workll and Hydraulics Officer written notice of such completion and fulfilment. (2) The Chief Works and Hydraulics Officer shall thereupon, exi2pt in the cases provided fDl' in the next foJJowing paragraph cause an inspection, and if necessary a survey, of the works con-- structed or used and of the lands and waters used or occupied in connection with the undertaking to be made. (3) In ilioff eMe11, whot"e the Cbief'worka: and Hydraulict Officer deems inspection unnecessary be may require the Interim licensee to file not later than sixty days after the expi,y of the time fixed for such completion, proof of the said completion and fulfilment by a. ctatutoey dulamtion. (4) Upon compliance on the part of the licensee with the requirements of the foregoing paragraphs, the Chief Works and Hydraulics Officer shall determine a date which, for the purposes of thc:M. 1\<:gulatiom, ihall be the; date:: of oornph;tiQl'l of the initial development. Tim FINAL i.JCENCI!

22. (I) Upon the completion of the initial development according to th{; plo.na, pn:.viow.Jy app.l'OYW o.nd upou fulfilm,;;nt and IOOlnplion«; otherwise with all the terms and conditions of his interim licence and of such of the provisions of these Regulations ns are applicable to bis case, the interim licensee shall be entided to the issue in his tavour by the President of A final licence authorizing the diversion, use, or storage of water at the site in question, for the development of energy therefrom. for the utilimtion of such energy, and for the occupation or use of the lands which, in the opinion of the President, a.ro required for the proper nuiinte1UWOC1 and op,rad.C>n. of Ul• work&. (2) Upoo the _grant of any final lioenoe all righlli held and obligations assumed under the interim licence shall cease and determine. ........... T...,. ol 23. The final licence shall embody the terms which were set out in the interim licence for incorporation into such final licence, and such other terms and conditions, not inconsistent with the regulations in fl\rc.e a.t the time ot the issue of such final licence. as the President may impose, includins in so far as applfoablo, the following particulars: Recitals (a) a reeital clause or clauses. giving- (i) the ila.D1t and addn,ss of the licensee; (u) the name and location of the power-site, with particu- lar reference to the waten of the St.ate whose use is required Hydro-J:,:tectrtc .rower ll HydrirliJN:fric Power Rqu/Qlions [S-l (iii) a rcferenCt!I to tht!I interim licence which authorised the construction of the works and any amending licence issued, and a statement whether or not the conditions !hereof have been fully complied wilh; {b) the maximum fl.ow or quantity of water which may be watcn diverted from time to time at the place of diversion, and used sranted · from time to time at the place of use, respectively, under the licence; and, if storage is involved, the maximum capacity of storage pennissible from time to time at each storage site, subject in either case to the control and regulation of the stream-flow and of storage in the interests of all the users on the stream as hereinafter provided; (c) a statement setting forth clearly tho position and extent Worb of the works authorised to be maintained and operated under autb~. the licencej (4) an accurate description ot the lands which may be ~ entered upon) used or occupied for the maintenance and t"equiRd. operation of the said works, setting out separately lands in any of the following classes: (i) lands not covered by water required for main diverting works, power--houses, etc,; (ii) lands covered by water required for the 8'\id pur- pua'-l~, (iii) lands required only to be flooded in connection with the storage or pondage of water; (iv} lands required only for the rights of way for water conduits, transmission lines, etc.; (v) lands, if any, required for substations, distributing stations, terminal stations, etc.; (e) a brief description of the undertaking in res~t ~f which U.odenaldus which the licence is issued, including the use which may be authorised. made of the power, whelher tho power may be sold or delivered to or used by other than the licensee, and if so the territory within whioh. GUOh We, delivery or tra.ufe:r of the right of use may be exercised; (f) the term of the final licence; Tema. (g) the sum or sums to be paid as rentals or royalties Annual during the period of the licence fot waters used or stored and ....1ai, for the lands occupied respectively; or for any other privileges granted. 32 CQ.56:03 Hydro-Ekcttlc Power -- Term of 24. Every licence shall be limited to such term not exceeding fifty yea.rs from the time fixed in the original interim_ licence for the romplWon of \ht. initw dovdopmont, a& may bQ apt.Cd v.pon. between the President and the I i - . Acru.U.CqoT

25. For the purposes of the Act the actual cost of any undertaking -- """"""'' of actual or of any addition thereto shall be arrived at by taking into account the actual legitimate cost of any works in use and useful for the purposes of the undertaking at the time tiult any particular inquiry is being made, and shall ordinarily indud!i (a) tho cost of enginoo,ing services appertaining to the oonstruction of such devdopmont and works, (b) ;,._, during comuuction, (c) taxes and insurance during construction, (d) contractor's profi~ (e) thl'! rurcha.'ll!: of equipment, (f) the cost of roads, railways, clearings, or other essential works undertaken and carried on solely in the construction of such devdopmont or works and not independently profitable, ti) sucn omer cxpenatmres as are nece5Sary and lnbcrcot items or construction; but shall in no case include- (i) promotion tlt)CDSCS, (u) the cost of underwriting, sellins, or disposing of stocks and bonds. RENTALS ANP RoYALTIBS ,.,...., 26. The annual rental shall begin to run from the date 011 which of ,_.tll, the interim licen<:i, is issu<d. Tlm first payment 1h.otoot mall bo for the pan ol the year betwOOll the said date and the end of the then cortCDt calendar year. Subsequent rentals shall be payable in advanoe on or before the scoond day of January in eacll year during which the interim or final licence is in force. Payment of :r,. (I) The licensee shall from the date on which the Chief Works royalty. and Hydraulics Officer certifies the completion of the initial develop- 11 of lfflJ ment (being a date from and after the date ftxcd in the interim licence for this Sllid completion) pay such an10unts (hereinafter called "royalty") calculated in accordance with the terms of the licence and these Regulations. Hydro-Electric Power Cap. 56:03 33 H)'dro.Efecmr: f>oW#r Jt.egula@ns (2) Payments of royalty shall be due q1111rterly in arrears on the first day of April, the first day of July, the first day of October and the first day of January.

18. The royalty rate shaH be subject to revision every fi.ve years Rew.ion or after the first q1111rtorly payment provided that no upwatd revision roro!IY, of the said rate may be made if the licensee has submitted bis accounts for examination by an acc<>untant qualified to be appointed auditor of a company under section 121(8) of the Companies Acl, and it is •· """ established to the satisfaclion of the President that the proposed revised rate would not be Justified in all the circumstances of the case: Provided that the President may in any particular case approve a fixed sum for royalties for the tenn of the licence. '= 29, The lice= shall keep all necessary records and statistics of """'""' of the undertakings and shall supply to the Chief Works and Hydraulics Officer all such data and information as may be required by him; and 11 1~ of ,..t ahA11 pctm.it ao.y duly o.uthori&cd. reprcaenta.tive of the Chief Works and Hydraulics officer to inspecl sw,h IIIOters and ,..tnunents of the licensee as he may deem necessary for the purpose of ascertaining the royalty payable, 30, (I) If the royalty is not paid within sixty days of the date it >lon-pa,meot be<omes due, interest at the rate of &ix por een.t per annum shall be f, ~l!i added thereto, and the total amol,lllt shall bear interest compoWided annuaUy at six per cant per 1111num front the latest date until paid. (2) The royalty together with the six per eent added by way of penalty and interest as above provided shall be the lint lion or cbllrge upon the entire water-power development, the property, ~ , n;:nts 4J)d ccwnucs of the Ii(;Cnx::c;, (3) If any royalty remains unpaid for more than one year after the latest date when it becomes payable, the lirensee shall be given notice thereof by the Chief Worki and Hydraulie& Oll\t:er and if not paid within sil<ty days after such notice bas been given, lhe Chiel' Works and Hydraulics Officer may- (a) n,quest the Attomey-Oeneral to sue in any eourt of competent iurisdiclion for the amount thereof together with the six per cent penalty and interest as above provided; (b) take such aclion as is provided for cases of default under the Acl or these Regulations. (4) The '"""pill""" of any payment shall not be deelllo4 to a waiver of any ante< .:nt · then subsisting breach of any of the be terms or oondilions whieh have been a=pted by the liamsee. 34 Cap. 56:03 Hydro-Ekctrlc Power l"M-:"-:;"vJ=l--'------H:,)¥1,,,,-;-''-:B::-ttt-,-c,,-:,,c:-,..,.-,,,,.,,c...,,-,-.,,.,-------- Pa,,,...~ 31. All payments required to be made by the licensee shall be ~U}ork, made to tho Chi•f Wo,:b .and Hydn:mliw Offi1:er. md Hydn.ulia omc., 11 ol 1912) RIGIITS AND OIJl'IBS Of LICENSlll!S ...... VN.,C (l ol lffll 32.. £.'11<:;ty lk<:,ncc -.hall be 'V-'id And df'ooti~ to authorize: entry upon and use or occupation of any lands specified therein only in sucll DUIJlJlCl" and to such Client and for such length of time as may be - , y for the purpose or con>trucung, maintaining and opt.rating the worb autllorizcd to be comtiuc~ maintained Wld operated under this lic:enc:e, and the liceDS<;f,Jb•ll carry on operations under the lic:enoe to the satisfaction of the Chief Works and Hydrau• lico Officer.

33. A licence shall not confer on the licensee the right to any gold, silver, or other metals, minerals, ores. bauxite, rock, gems, or precious stones, coal or mineral oil in or under tho land licensed which $hall be :saved ond l'¢3Cl'Vc.d to the State with the right to enter upon the land licensed to search and mine therefor, subject however, to the right of tho licensoo to """'ive compensation for any loss or damage to buildings occasioned by such .....i,ing and mining, the wnount ofauoh comp<:naution to be aa3e88Cd by the Chief Works and Hydraulics Officer. p.,...,_ --·

34. The licensee shall not by any operations under Ibis licence impair tho ftoe nooe&G to any lWlding pl4CC> in aotual w.o at tbo da.u, ;;;,;;"t;'I,. on which the licence was granted in any river or waterway, nor in any way interfere with or preven.t any person whomsocver going to or from •uch landing place as aforesaid or any person now or hmsaft« holdi.ng: Jao.ds on th11 banks thoreof U&ins- any rivi:r OI' waterway for drainage purposes or for any other purpose for which such pcnon or persons may lawfully use the same.

35. The licensee may wt such timber from tho ~d lands as ho shall requin: for tho purpose of oonstructing, maintaining 8lld operating the works authorised under this licence ,ubjett to any M or Regulations for the time being in force relating to timber on State land or State fofflt and payment of royalty theteott but no further 8lld shall l\irnish true and proper returns of the timber so cut to th• Conservator of Forests. 3'. II at; any tim.• d.vrins th• t.rm. of' a llc.r1e11 AA)' put or pa.rta of the lioonsed area are required for the purposes of any toWn>hip or village, road or railway or for any other public purpose whatsoever it shall be lawful for the Plcsidcill (the licensee having been notified Hydro-Electric P<Jwer Cap. 56:-03 35 Hydrr.,,El11crrlc Power RttulatJons and having thereafter received six calendar tnonths pn,vfous notice of the intention of the President in that behalf) to cause to be with• drawn the part or parts of land so required and the licensee shall be entitled to compensation to be assessed by the President for all damage caused to him as a result of such withdrawal.

37. Every license€! 'ihall a.t alt times instal and use ftrst..quality, u~ to modern, standard works, plant and equipment, giving consideration : to requisite suitability of design, safety, strength, durability, efficiency, • - · and all other relevant factors whatsoever, and shall maintain the same h:l, good repair and condition, and shall exercise all due skill and diligence so as to secure ,atisfactory operations thereof. 38, (I) The Chief Works and Hydraulics Officer or any person i.,......, rf~· appointed by him fur lhi;, purpusc sludl have:: frcc accc::s11i to till parn of the works, lands and property of the licensee and all books, plans, rec<>rds or aocounta used in connection with or affecting the under- taking hereunder, and may from time to tin,;, make measurements a.ud ubsc::rv~tiomi mid t.lkc .st1'Jl other ~tcp3 tor carrying out any enquiry as may be considered necessary or expedient in the operations under this licence. (2) The findings of the Chief Works and Hydraulics Officer with respect to the quantity of water diverted, usc,d or stored, or capable of being diverted, used, or stored or the amount of power developed or capable of being developed under the authority of the licence shall be ooncluslve and binding upon the licensee.

39. Every licensee, before making any material change in any 0w,ge existing works or in his location, shall submit a complete and ~ !f"l"mi satisfactory statement and plans of such proposed change to the Chief Works and Hydraulics Officer, and shall not proceed to carry out such change until the same has been approved.

40. Every licensee shall whon required by the Chief Works and - • • Hydraulics Officer so to do, in.stat such meteni, measuring wires, ='~ guages or other approved devices as may be adequate for dcletmining 11 or lmJ the amount of water used or power developed in the operation of the works, or determining the flow of the stream from which water is being diverted, and for determining the amount of water held in or drawn from storage.

41. Upon a reoort being made by the Chief Works and Hydraulics F,Uure to Officer that a licer • he 'IOI developed the amount of power tor :;;:::.;;t"" which there is a J,ublic ~emand and which could be reasonably n or 1ml 36 cap. :5ti:o:s Hydro--Elutrie Powt!r &,ulolitlll$ 1-1 developed from the fl.ow of water granted under his licence or conuolled by him, tho President may order such licensee to develop and render available for public use the additional amount of power for which there is, in the opinion of the President, a public demand, ul) to tho full extent possible from the amount of water granted W1.der such licence or controlled by such licensee and within a period to be fixed by.the President, which period shall not be less than two years after such licensee or the person in charge of the Olisting works shall have been notified of s.uch order: and in default of compliance with such order the provisions of the Act for the cancellation of licences shall apply in respect of such defaulL - ~i,,ru,f of ..1u.., meot. ll .t 19721

42. (I) The President may authorise the Chief Works and Hyw draulics Officer where it has been reported that an enlarged or more comprehensive development of any water-power may bo established at or near the site occupied by the li"""""" to ofter to the licensee a further licence in addition to the Olisting JJcenco for the oarrying out of such enlarged or inon:: comprehensive development. (2) If the Jic:cnscc fails, within twelve months after such offer of a licence· is made, to accept the same. and in good faith to begin and carry on to eompletion 1meh new development, then in tJ.uch case. the President may order the Olisling lioence terminated: Provided, however, that the licensoo shall bo a11l!joct to compensa- tion as on 1hc oxpiry of the litmt:e. lmpliod ..,.,., 43. Every licence shall bo deemed to have been executed on the condition that the licensoo shall- (a) divert, use, or store the water authorised to be diverted. used. or stored by him in such a lllllllllcr a:s not to interfere~ in the opinion of the Pmiden~ with the masimum advan- tageous development of the power and other resoun:es of the river upon which his works arc located; (b) conform to and comply with any orders in respect of the control or regulation of the flow of the waters of >Uch river as may bo made from time to time by the President or any person authorised by the President in that behalf; (c) at no time cause or permit the surfac»leveJ of the waters of such river or of any storage reservoir operated by him to be raised or Jowaod beyond the limits which shall be fixod from tune tn time by the President or by a person authorised by the Pmidont in !Mt behalf. -· El<peadilure II of 1972)

44. The licensee shall te,,p a true and detailed ""'°uni of all oxpenditoreo made in respect of the works, lands and properties Hydr~Electrtc Power Hydro-Electrfe Power Regulation, under this licence and sball file annually with the Chief Works and Hydraulics officer on or before the 31st day of March a return for the year ending the 31st day of December precedins, based on the -.id 4"<;rUnt a.nd ~in,s An ~ t , < , 3 ~ thc-"-Of, :tu.ch n.turn to be attested by the oath of the licensee.

4S. Every licensee, shall pay to those persons employed in the Fair wases construction, alteration, extension, maintenance and operation of R.utos. the works authorised under this licence wages in accordance with the Fair Wages Rules or any Rules or Regulations replacing them and from time to time in force in Guyana in so far as they may be appJicabfo to the Ji\X;ASet:;, ~~=ti~ 4o. Notwithstanding any rights granted or approval siven under Oblffian<:0 any licence, the licensee shall comply fully with the written laws of Ouyaua governing the preservation of the purity of the waters, or ~. governing logging, forestry, fishing or other interests present or ' future which might be affected by any operations conducted under this licence. SJd.M.L WA'Q!R-Powms

47. (I) Applications for the development of State water-powers, w..... the capacity of which, under the average usable flow conditions, does :::Jl,":' not, in the opinion of the Chief Works and Hydran!itl8 officer, soo hom- exceed five hundred horse-power, and which are not deemed to be fi:ij•!mJ -0f primary importance for commercial or public utility purposes, may be dealt with under such special Regulations as the President may make from time to time, subject, however, to the following provision&: (a) the licence-term shalt not exceed twenty years, and T..,.. renewals shall not e.~ li,ve years each; (b) applications for renewal shall in every ease follow the lleMwaL procedure in force at the time such application is made, and the renewal licence shall in every ease by subject to the laws and regulations in force at the time such liamce is. issued; (c) upon the expiry of any term or any renewal, if the Expiry of licensee either has not applied for or has failed to secure a tcnn. renewal licence, the water~power development and all works and atruotu.res connected tbm:wit.h SM:U become the property of the State without compensation to the licensee: but with the privilege on the licensee's part of removing from the lands within such period after the said expiry as may be approved all works and structures erected or installed by the licensee in c :ecti with such power development, which L.R.O. 1/1973 LAWS OF GUYANA 38 Cap. 56:03 Hydrc>-Electric Power Hydro-Electric PO'wt!r Regukallom. can, with the consent of the Chief Works and Hydraulics -- or polll!Qion, Officer, be romovod without damage to the said lands; (J) th11 Pno.s.idrmt may at any time. upon Jiving the licensee one year's notice, oanoel any licence granted under this regulation, and reswne 1\111 possession and control of the water-power development and all works, lands, and ilu-uctnres connoob!d therewith, or at the option of the President of any part o( such works and structures; (e) compensation, in such case, shall be paid to the licensee for the works, lands, and structures taken over, to the amount of the; o.otual coat thereof, determined in accordance w.i.th these Regulations together with such percentage added to such amount by way of bonus, not greater than lifleen per cent nor less than three per cent of such amount, as may be deter- mined by the Minister. (2) The Chief Works and Hydraulics Officer may receive applications for the development and use of any State water-powers, the capacity" of which, under average usable flow conditions. does not exceed, in his opinion, one hundred horw-pQwc;;:r, fl.Qd whicli arc not o f ~ importanoe for 'l)ublic utility or commercial purposes; and may issue licences for the development and use of any such water,.powen, subject, however, to the provisions of subpatagraphs (a), (b), (c), (4) and (e) of tho pr"""'1iug paragraph; Provided tb&.t the compensation to be paid to the licensee under the said subparagraph, (d) and (e) for any works taken over if the licence should be terminated before the expiry of the term &hall, in cases arising under this paragraph, be arrived at by agreement of the parties, or in the case of non-agreement, by the Minister.