Geothermal Resources Development Act No. 13 of 2015

87. Amendment of Schedule Schedule 225 SAINT VINCENT AND THE GRENADINES ACT NO. 13 OF 2015 I ASSE T [L.S. ] DR. FREDERICK BALLANTYNE Governor-General 31 st August, 2015 AN ACT to establish the National Energy Conunittee and to provide for the development and use of geothermal resources and for matters related thereto. [ By Proclamation] BE IT E ACTED by the Queen's Most Excellent Maje ty, by and with the advice and consent of the Hou e of Assembly of Saint Vincent and the Grenadines and by the authority of the same, as follows: PART I PRELIMINARY

1 — (1) Thi Act may be cited as the Geothermal Resources Short title and

1. (1) Thi Act may be cited as the Geothermal Resources Short title and Development Act, 2015. commencement (2) This Act comes into force on a day to be determined by the G avem::>r-G EnelalbyP:rr::x:::l:m awn:in the Gazette and different days may be appointed for the coming into operation of different provisions of this Act.

2 — In thi Act, unless the context otherwise requires- Interpretation

2. In thi Act, unless the context otherwise requires- Interpretation "alien" has the same meaning assigned to it under the Aliens (Land-Holding Regulation) Act; Cap.316 "applicant" means a per on who applie for a permit, licence or concession; 226 No. 13 Geothermal Resources Development 2015 "authori at ion" means a permit, licence or conce ion; "bore" means any well, hole, pipe, or excavation of any kind which i bored, drilled, sunk, or made in the ground for the purpo e of investigating, prospecting, obtaining, or producing geothermal energy, or which tap or is likely to tap geothermal energy and includes any hole in the ground which taps geothermal energy; "busbar" means that point in the electrical system prepared to deliver or take in electrical energy; "Clas I geothermal re ource "mean the type of geothermal resource capable of being used to generate electrical energy; "Class 11geothermal resources" means the type of geothermal resources used for purposes other than to generate electrical energy, including direct heating and cooling, agriculture applications and recreational bathing; "commercial operation" means, the delivery by a holder of a concession of electric energy to a bu bar for payment pursuant to a power purcha e agreement; "Committee" mean the National Energy Committee established under section 9; "conce sion" means a conces ion for Class I geothermal resources granted under ection 41 (4) of this Act; "customs duties" includes all duties and taxes on imports which are payable a are ult of the importation of the goods under con ideration; "development" mean an activity for the development of geothermal energy pur uant to the provisions of thi Act; "document" include an electronic document; "eligible person" means a person referred to in section 30; "exploration activities" means an activity that demonstrates the dimensions, position, characteri tics and extent of geothermal re ources by geological, geochemical and geophysical studie and survey including the drilling of shallow temperature-gradient wells but not the drilling 227 No. 13 Geothermal Resources Development 2015 of temperature-gradient wells that are deeper than one hundred and fifty (150) meter in depth without a safety certification from the Ministry as set forth in the Regulations and for which a licence i required in accordance with section 52; "generation" means the production of electrical energy from geothermal re ources by a power plant; "geothermal by-products" means all mineral ,in olution with other products obtained from naturally heated fluid ,brine , associated gases and stearn, in whatever form, found below the urface of the earth; "geothermal energy" means heat derived from the earth; "geothermal resources" means - (a) all products of geothermal processes, embracing indigenou steam, hot water and hot brines; (b) steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formation ; (c) heat or other associated energy found in geothermal formation ; and (d) any by-product derived from them, but does not include archeological find or other cultural or historical artifacts or treasures that may be di covered during the conduct of any geothermal activity; "geothermal re ource activities" means the geothermal re ources activitie referred to in section 29; "geothermal resources area' means an area designated as a geothermal resources area under section 20; "geothermal resources development" means exploration or use of geothermal resources and include testing from a geothermal well to evaluate the feasibility of geothermal production; 228 No. 13 Geothermal Resources Development 2015 "inspector" means an inspector designated under ection 61; "land" means any land under whatever tenure held and any ea ement, servitude, right or privilege in or over land and includes land covered with water; "licence" means a geothermal resources licence granted under section 41 (4) of this Act; "Minister" mean the Minister of the Cabinet having responsibility for energy and "Mini try" shall be construed accordingly; "National Energy Policy" mean the National Energy Policy establi hed by the Government and the amendments or revisions as may be subsequently made; "owner" in relation to any land include a Ie or and any public body or local authority which for the time being has control of the land; "permit" means a geothermal resources permit granted under ection 41 (4) of this Act; "pha e" mean a pha e of geothermal re ource activity referred to in section 29; "pollution" mean the creation or exi tence of any deviation from natural condition within the environment, which based on technical, scientific or medical evidence is determined to cause or be likely to cause harm to human health or the environment resulting from- (a) the pre ence or release of any substance; or (b) any other type of disturbance, whether by noise, energy, radiation, temperature variation, steam, vibration or objectionable odours; and "pollutant" halJ have a corresponding meaning; "public body" mean (a) any department, institution or undertaking of the Government; or (b) any authority, board, commission, committee or other body, whether permanent or temporary, paid or unpaid, 229 No. 13 Geothermal Resources Development 2015 which is inve ted with, or is performing function of a public nature; "reconnai sance" means an investigative analysis conducted for the purpo e of assessing whether land may be a ource of geothermal re ource but does not include exploration or drilling; "Register" means the regi ter maintained by the Minister in accordance with section 81; "Regulations" means regulations made under this Act; "renewable energy" mean energy that comes from natural resource which is replenished at a constant rate and includes energy from sunlight, wind, rain, tides, waves or geothermal heat; "restricted area" means an area declared a restricted area under section 23; "use" in relation to geothermal resources, mean accessing the geothermal resource for the purpose of enjoying it, and drawing from it any of the profits, utility and advantage which it may produce, including geothermal energy; "work programme" means the work programme required under ection 33.

3 — The main purposes of this Act are to - Purposes

3. The main purposes of this Act are to - Purposes (a) encourage and facilitate the afe production of geothermal energy for the benefit of the people of Saint Vincent and the Grenadines; (b) encourage re ponsible land management in the development and u e of geothermal resources; and (c) promote the u e of renewable energy.

4 — Except where Cia s II geothermal resource are pecified in a C lass II

4. Except where Cia s II geothermal resource are pecified in a C lass II provi ion of thi Act or the Regulations, this Act and the Regulation geothermal resources when apply exclusively to the governance of Cia I geothermal resources. specified

5 — (I) Geothermal resources is sui generis property and the rules Geothermal

5. (I) Geothermal resources is sui generis property and the rules Geothermal relating to it are set out in this Act. resource sui generis property 230 No. 13 Geothermal Resources Development 2015 (2) For the avoidance of doubt, geothermal resources i not a mineral nor a water resources, nor real property. (3) De pite anything contained in any law or title of land, geothermal resources in, or under any land of whatsoever ownership are deemed to be, and to always have been ve ted in, and are ubjected to the control of the Crown. on- application 6. This Act shall not apply to the tran mis ion of electricity provided or Act to for under the Electricity Supply Act. tran mi sion of electricity Cap. 404 Act binds the 7. (I) Thi Act bind the Crown. Crown (2) For the removal of doubt, nothing in thi Act hall be construed as rendering the Crown liable to prosecution. PART II ESTABLISHMENT AND ORGANISATION OF NATIONALENERGYCOMMI1TEE Functions and 8. (1) The Minister is responsible for the administration of this powers or Act. Minister (2) Without limiting the generality of subsection (1), the Mini ter hall, in particular- (a) promote investment in geothermal re ources activities for the generation of energy; (b) promote regional cooperation in the development of geothermal re ources; and (c) en ure compliance with thi Act and the Regulation. (3) In admini tering this Act, the Minister shall have regard to the following - (a) facilitating multiple use of lands and geothermal resource and for this reason - (i) permits, licences and concessions shall, in so far as feasible and in a manner consi tent with Part IV allow for- 231 o. 13 Geothermal Re ources Development 2015 (A) the co-existence of other right over the ame lands; (B) the deposit of minerals and the use of water under the applicable laws in force in Saint Vincent and the Grenadine ; (C) the location and production of claims under Cap.403 tbe Minerals (Vesting) Act and the Central Water and Sewerage Authority Act and other Cap.324 use of the areas covered by those Acts; and (ii) permits, licence and concession ball, in 0 far as fea ible, provide for the protection of geothennaI resources from unreasonable wa te; (b) permits, licence and concessions granted for separate properties of tbe ame producing or pro pective geothermal re ources area, shall provide for cooperation in the development and operation of adjacent geothermal resources areas; and (c) permits, licences and concessions for Class I geothermal re ources hall be granted to encourage the development of geothermal re ource within or outside of any designated geothermal resources area in uch a manner as is consi tent with the National Energy Policy. (4) In the exercise of his functions and powers under this Act the Mini ter hall con ult and have regard to the recommendations of the Committee.

9 — (I) There i established a Committee to be known as the National Establishment of

9. (I) There i established a Committee to be known as the National Establishment of Energy Committee con isting of the persons appointed in accordance National Energy Com rn i t tee with this section. (2) The Cabinet hall appoint - (a) a Chairman; (b) the Chief Executive Officer or Deputy Chief Executive Officer of the Saint Vincent Electricity Services Limited; (c) a senior technician from the Ministry of Planning having expertise in land-use planning; 232 No. 13 Geothermal Resources Development 2015 (d) a senior technical public officer from the Ministry having responsibility for environmental and natural resources management; (e) a member who is a technical expert in electricity generation and distribution; and (f) five other members drawn from the following disciplines or group , namely, donor financing, economics, engineering, geology, law, environment, non- governmental organisations and business, to be member of the Committee. (3) The Cabinet shall appoint the Director of Energy and the Permanent Secretary of the Mini try to be ex officio members of the Committee. (4) A member of the Committee other than an ex officio member shall be appointed for a term not exceeding three years which shall be subject to renewal under such terms as the Cabinet may fix in the instrument of appointment. (5) The Committee shall elect from among its members a Deputy Chairman, (6) The Cabinet may at any time revoke the appointment of a member of the Committee other than an ex officio member. (7) The names of the members of the Committee and their title, ifany, shall be published in the Gazette and at least one local newspaper of general circulation in Saint Vincent and the Grenadines. Functions and 10. (I) The Commi ttee hall- powers or Committee (a) advise the Minister with respect to - (i) the implementation of the National Energy Policy; (ii) the development and implementation of policie and progranunes for achieving sustainable use and supply of energy and renewable energy; (iii) the diversification of energy sources; o. 13 Gcothcrmul Rcsourccs Dcv clopmcnt 201:" (1\') the coo rd inat io n, planning and managcmcn: programmes ,b well as promotional and educational activities in the energy U:-.C sector: (v ) the dcv clopmcnt or an energy dutuba-,c: (\ i) th~' asscsxmcnt or the market potcnt ial lor the renewable energy produced In Samt Vincent and the Grenadines: (\ ii) a xtruicg y fur the nnnlcmcnrauon oi" ~'ncrg)- related capacuy building acuviucx at all levels or education: (nii)a fund In xuppo rt o f xmu ll-xc al c p i lo t and demonstration projects to shm\ .usc ne\\ way-, to enhance energy efficiency or uuroducc renewable c..:11l!rg .. : (i\) opportuniucs Ior clccmcal uucrconnccuon between and among the di [lcrcnt ixlaud-, or Saint Vincent and the Grenadines and with other ncighbounng Stutes: (x) where poxs rb lc , the avai lubilu y o l' additional lu nd i ng suurc cs Cor invcvuncnr-, Oil CIlCl"!!Y efficiency and renewable energy measures: (xi) an incentive :-..hcme lor tht' use of rcucwablc cncrg sources: (xii) improvements in demand-side managcmcnr In order ((1 improv c clIcrg) consumption paucrn-: (xiir) a comprehensive long-term transport strutcgy in order to promote 10\ cr energy consumption: (x iv) the application or building technologies and pract i cs that enhance cncrg y efficiency and conservation includinu efficient lighting device: (xv) specific maximum cncrg consumptions: (X\ I) public awareness cumpuignx auncd at prcmuting the rational uxe or cncrg , and lower energy consumption: 234 No. 13 Geothermal Resources Development 2015 (xvii) the development of renewable energy for the benefit of the people of Saint Vincent and the Grenadines; (xviii) the establishment of linkages locally, regionally and internationally pertaining to the development of energy resources; (xix)the negotiation of regional and international initiatives related to renewable energy; (xx) the fees, royalties and bonds to be charged under this Act; (xxi) recommendations for membership in appropriate local. regional and international bodies; and (xxii) anything incidental or conducive to the p rformance of any of the foregoing functions; (b) as directed by the Minister, negotiate or assist the Ministcr in negotiating, the terms of all permits, licences and concessions with all prospective investors in a manner consistent with this Act and the Regulations; and (c) perform such other functions as are prescribed. (2) The Committee. hall do all things necessary or convenient to be clone for or in connection with the performance of its functions. (3) The Energy Unit in the Ministry shall function as the Secretariat of the Committee. M c c till g , II. (I) Not more than two months shall elapse between meetings of the ommittee or any other committee established under it at the times and place as the Chairman determines. (2) The hainnan or in hi. absence, the Deputy Chairman shall preside at all meetings of the Committee and in the absence of both Chairman and Deputy hairman the members present at that meeting may appoint a member to preside at that meeting. (3) Th quorum of the Committee shall consist of six members. 235 o. 13 Geothermal Re ources Development 2015 (4) The decision of the Committee and any other committee established under it shall be adopted by a majority of the votes and in a case where the voting is equal, the member presiding at that meeting shall in addition to that member's original vote have a casting vote. (5) Minute of each meeting held in accordance with this section shall be taken in proper order and shall be confirmed by the presiding officer.

12 — Where a vacancy occurs in the membership, the Cabinet hall V a c a II c y

12. Where a vacancy occurs in the membership, the Cabinet hall V a c a II c y appoint a person to fill the vacancy in a manner that is consistent with the requirements established in ection 9 for the compo ition of the Committee. l3. (1) The Committee may appoint such sub-committee, working Su b-cornrn ittccs, groups or advisory bodies as it thinks fit to a i t it in the performance of working groups and advisory its function or to further the objects of this Act. bodies (2) One of the sub-committee e tablished by the Committee shall be the Geothermal Energy Sub-Committee which shall comprise members having such technical experti e and experience the Committee find uitable. 14. 0 per onalliability shall attach to any member ofthe Committee Limitation or or a sub-committee, working group or advi ory body establi hed under per onal liability it for anything done, permitted to be done or omitted in good faith.

15 — (1) The Chairman of the Committee shall, not later than three Annual report

15. (1) The Chairman of the Committee shall, not later than three Annual report months after the end of each calendar year, submit to the Minister an annual report which shall include- (a) an a essment of the state of the development of renewable energy in Saint Vincent and the Grenadines; (b) a de cription of the activities undertaken by the Committee during the preceding year including an a se ment of the effectiveness of any plans, programme and activitie for the current year; and (c) any other matter that the Minister may require .. (2) The Mini ter shall cause a copy of any report ubmitted under sub ection (l) to be laid before the House of Assembly within twenty-eight day of its receipt by the Minister or if the House is not then in ses ion, within twenty-eight day of the commencement of its next session. 236 No. 13 Geothermal Re ources Development 2015 Procedure of 16. Subject to section II, the Committee may, by resolution, make Committee guidelines for its own procedure. Co nfl ict of 17. (I) Where any member of the Committee, a sub-committee, interest working group or advisory body established under it has any actual or reasonably perceived interest in a matter which would otherwise come before the individual as part of the consideration or other action taken by the Committee, ub-cornmittee, working group or advi ory body, whether the interest is direct or indirect or arises because of a potential financial intere t or an immediate family, partner, busines a sociate or company relationship the member of the Committee, sub-conunittee, working group or advisory body shall declare the nature of the interest at the first practicable opportunity. (2) In any instance which arise under subsection (1) the member of the Committee, a sub-committee, working group or advisory body shall not vote or otherwise participate in the deci ion-making process or attempt to influence in any way the decision or action taken or to be taken by the Committee, ub-committee, working group or advi ory body with respect to such matter. (3) If any action has been taken by the Committee, a sub- committee, working group or advisory body before such interest has been identified or disclosed the action shall be subject to reconsideration by the Committee, sub-committee, working group or advisory body. (4) A member of the Commi ttee, a sub-committee, working group or advisory body who contravene this section commit an offence and is liable on ummary conviction to a fine often thousand dollars. Information 18. The Committee shall compile information relating to energy management. Policy direction 19. The Minister may from time to time give the Committee directions from Minister of a general or special character in the exercise of the powers conferred and functions imposed on the Committee under thi Act. PARTll GEOTHERMAL RESOURCES AREAS Designation of 20. (I) Subject to ections 21 and 22, the Minister may designate geothermal any portion of land within Saint Vincent and the Grenadines believed to resources areas be a source of geothermal resources a a geothermal resources area. (2) For the purpose of subsection (I), the designation shall be made by notice published in the Gazette. 237 No. 13 Geothermal Resources Development 2015 (3) In addition to publication in the Gazette any notification required by ub ection (2) shall be affixed in a con picuou place in the area to which the notice relate 0 a to be easily read by per on who may enter the area or are likely to be affected by the propo ed activity.

21 — (I) In pursuance of ection 20 (2), the Notice hall include- otice of

21. (I) In pursuance of ection 20 (2), the Notice hall include- otice of proposed action (a) a comprehen ive de cription of the area establishing the phy ical parameters of the geothermal resources area, including - (i) the known geological, geochemical and geophysical characteri tics of the geothermal resources; (ii) the existing and potential uses of the land which overlays the geothermal re ource ; (iii) the existing environmental and natural resources contained therein; and (iv) the ownership of the land which overlays the geothermal resources; (b) the rea ons for the designation' and (c) the specific limitations on use of or activities within the area. (2) Subject to sub ection (3), each geothermal re ources area shall be of the size as hall be et forth in the Regulations. (3) For the purpo es of granting a permit, licence or concession, a geothermal re ources area may be subdivided into mailer tract at the discretion of the Minister.

22 — (I) In accordance with the provisions of the Constitution and Acquisition

22. (I) In accordance with the provisions of the Constitution and Acquisition. ve ting and the Land Acquisition Act, the Governor-General may compulsorily acquire divesting of lands land in a geothermal re ources area and may exercise all power in relation to the acquisition of the land. Cap. 322 (2) The Governor-General may, in accordance with the Crown Lands Act, and upon the terms a the Governor-General may determine, Cap. 319 vest in any person land in a geothermal resources area belonging to or held in trust for the Crown or acquired for u e of the Govenunent and vested in the Governor-General. 238 No. 13 Geothermal Resources Development 2015 (3) This section shall not prejudice the rights of any person having an interest in any land acquired within the provisions of the Land Cap. 10 Acquisition Act and the Constitution. (4) The Governor-General may, with the approval of the Cabinet, divest by order published in the Gazette, land vested in a person under subsection (2) to the Crown or to another person specified in the order. Declaration of 23. (1) Subject to this Act, the Governor-General may declare land restricted area in a forest reserve, terrestrial and marine national park and protected area, wildlife sanctuary or other similar area to be a restricted area for which an application for a permit, licence or concession cannot be made. (2) A declaration under subsection (1) shall be made by notice published in the Gazette and in at least one local newspaper in general circulation in Saint Vincent and the Grenadines. Modification or 24. (1) The Governor-General may modify or cancel a restricted cancellation of area after consultation with the Ministers responsible for physical restricted area planning, tourism, agriculture, fore ts reserves, terrestrial and marine national parks and protected areas, wildlife sanctuaries, watersheds or other similar area. (2) A modification or cancellation of a restricted area under subsection (1) shall be made by notice published in the Gazette and in at least one local new paper in general circulation in Saint Vincent and the Grenadine. (3) The Minister may by the Regulations establish procedures for modifying or cancelling a re tricted area. Right of use and 25. (1) A person authori ed to carry out geothermal resources rights of way activities under this Act in the relevant geothermal re ources area shall- (a) have the right to use the geothermal by- products including the water, gravel and such other construction materials obtained in the natural state that might be necessary for their operations; and (b) be entitled to obtain the requi ite authorisation for access, and egress, right of way, water and surface rights as well as any other type of rights or authorizations over public or private lands that may be necessary for the performance of their activities. (2) Any economic damages caused by the exercise of the rights referred to in this section shall be indemnified by the person cau ing the damage. 239 No. 13 Geothermal Resources Development 2015 (3) Legal rights of way are hereby established for those cases in which they might be needed for the geothermal resources activities under this Act.

26 — Any final action designating a geothermal resources area or A p P c a I

26. Any final action designating a geothermal resources area or A p P c a I modifying or cancelling a restricted area shall be capable of appeal to the High Court. PARTlY PERMITS, LICENCES AND CONCESSIONS

27 — (1) No person shall, in any part of Saint Vincent and the Requirement for a

27. (1) No person shall, in any part of Saint Vincent and the Requirement for a Grenadines, conduct any geothermal resources activities unle s he or permit, licence or concession she i the holder of a valid permit, licence or concession granted for that purpose under this Act. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of five hundred thousand dollars or to imprisonment for ten years or to both. (3) A permit, licence or concession is not transferable without the consent in writing of the Minister after the prior approval of the Cabinet.

28 — (1) The cia ses of permits, licences and concessions which may Categories of

28. (1) The cia ses of permits, licences and concessions which may Categories of be granted under this Act are the following - permits, licences and concessions (a) a permit for Class I geothermal re ource ; (b) a licence for Class I geothermal resources; (c) a concession for Class I geothermal resources; and (d) a concession for Class II geothermal re ource . (2) In appropriate circumstances, including in an application based on competitive bidding under ection 32, a Class I geothermal resources permit, licence, concession and a Class II geothermal resources conces ion may be integrated and granted in a single instrument.

29 — A permit, licence or concession granted in connection with the Phases add res ed

29. A permit, licence or concession granted in connection with the Phases add res ed development of geothermal energy shall be granted with regard to five by permit, licence or concession Phases of geothermal resources activities- (a) Phase I - reconnaissance which i an activity having minimal impact on the environment of the land that determines, by visual observation of the geology and 240 No. 13 Geothermal Resources Development 2015 by geochemical studies, whether land may be a source of geothermal resources; (b) Phase II - exploration which is an activity that demonstrates the dimensions, po ition, characteristics and extent of geothermal resources by geological, geochemical and geophysical studies and surveys including the drilling of shallow temperature- gradient wells except that in the exploration stage temperature-gradient wells may not be drilled deeper than one hundred and fifty meters in depth without a safety certification as specified in the Regulations; (c) Phase ill-drilling which is an operation in which a well is drilled for the discovery of geothermal resources or for the production of geothermal re ources or for the injection of geothermal resources or the residue and it includes drilling, re-drilling, and deepening of wells drilled for temperature-gradient monitoring purposes and for production purposes; (d) Phase IV - geothermal resources production which is an activity that enables the supply of Class I geothermal re .ources to a power plant so that electricity can be produced from the geothermal resources; and (e) Phase V - electricity production which is an operation in which electricity is generated from geothermal resources using power turbine generators. Eligible persons 30. (1) A permit, licence or concession for Class I geothermal for permit, resources may be granted to the following persons - licence or concession (a) an individual of eighteen years of age or over; (b) a company; (c) a government owned corporation; (d) a public body acting on behalf of the Crown; or (e) an agent of the Crown, except that if the person is an alien, that alien must have been granted a Cap.316 licence to hold land under the Aliens (Land-Holding Regulation)Act. 241 No. 13 Geothermal Resources Development 2015 (2) A pemlit, licence or concession granted to a company shall be valid only for such time as the company is in compliance with the Companies Act. Cap. 143 (3) A concession for Class II geothermal resources may be granted to any person except that if the person is an alien, that alien must have been granted a licence to hold land under the Aliens (Land- Cap.316 Holding Regulation) Act. (4) A permit, licence or concession granted to an alien is valid only for such time as the licence to hold land referred to in ubsection (1) or (3) i valid. 3l. (1) A permit, licence or concession hall extend to a part or the Extent of permit, whole of a geothermal resources area under the terms specified in this licence or concession Act and the Regulations. (2) The Minister may issue multiple permits, licences or concessions to a person, covering more than one geothermal resources area.

32 — The Minister may, by notice published in the Gazette and in at Com pet i t i v c

32. The Minister may, by notice published in the Gazette and in at Com pet i t i v c least one local newspaper in general circulation in Saint Vincent and the bidding process Grenadines and by any other media, invite persons to tender applications for a permit, licence or concession to carry on geothermal resources activities and shall provide a closing date for tendering of applications.

33 — (1) An applicant for a permit, licence or concession shall submit A p p l i cat ion

33. (1) An applicant for a permit, licence or concession shall submit A p p l i cat ion an application in the prescribed form to the Conunittee for consideration, procedures together with the prescribed application fees and the information referred to in sub ection (4). (2) Subject to ubsection (5), an eligible person may apply for a permit, licence or concession. (3) An application made under subsection (1) may be in respect of application made- (a) in response to an invitation to tender under section 32; or (b) in the absence of an invitation to tender. (4) Subject to ubsection (5), an application for a permit licence or concession shall- (a) include the following information- 242 No. 13 Geothermal Resources Development 2015 (i) company name or corporate name, if applicable; (ii) name of individual, ifapplicable; (iii) names of director, if any; (iv) name and position of applicant; (v) name of owner or occupier; (vi) mailing addre s to whom any notice to the applicant may be erved; and (vii) a map showing the size, boundaries and location of the designated geothermal resources area and any other existing or proposed areas; (b) indicate whether it is a permit, licence or conce sion being applied for; (c) include a statement about the extent to which the applicant has- (i) the financial and technical resources to carry out authori ed activitie for the proposed permit, licence or concession; (ii) the ability to manage geothermal exploration; and (e) subject to section 36, show the results of an environmental impact a es ment conducted in accordance with the Regulations to that effect; (f) be accompanied by the prescribed fee; and (g) include such other information as the Committee thinks nece ary to determine the application. (5) In addition to the information required by subsection (4), an application for Pha es II and III geothermal re ource activitie shall include a propo ed work programme complying with the requirement set S c h ed u I e out in the Schedule. (6) The applicant shall bear any co ts incurred in complying with the requirement of this section. --- 243 No. 13 Geothermal Resources Development 2015 (7) Regulations for the conduct of environmental impact as e sment hall include provisions for public participation.

34 — Where after ubmi sion of an application under section 33, I n cor r e c t

34. Where after ubmi sion of an application under section 33, I n cor r e c t the applicant become aware-- information (a) that in an application he ha failed to ubmit any relevant facts or ha ubmitted incorrect information; or (b) that there is any change affecting the accuracy of any information required to be provided under ection 33, the applicant shall within ten working days, notify and ubmit to the Committee, the relevant facts and correct information.

35 — (I) Where the Committee considers that an applicant has Incomplete

35. (I) Where the Committee considers that an applicant has Incomplete omitted to provide any of the information required under thi Act, the application Committee shall notify the applicant in writing of the omi sion within ten working days of receipt of the application and shall request within a specified time the omitted information, (2) The Committee may, at the request of the applicant, allow an extension of the time limit specified by the Committee under subsection (I). (3) Where the applicant does not supply the information as reque ted under sub ection (I) or required by section 34, the application lapses.

36 — (1) Subject to ection 23 if, before the deciding of the Application in

36. (1) Subject to ection 23 if, before the deciding of the Application in application, any land or portion thereof the subject of the application is restricted area declared to be in a re tricted area, the application lapse to the extent it applie to the restricted area. (2) No amount, whether by way of compensation, reimbursement or otherwise, is payable by the Crown to any per on for, or in connection with the operation of sub ection (1).

37 — (I) Every application made under this Part hall be ubmitted Review or

37. (I) Every application made under this Part hall be ubmitted Review or to the Committee which shall review it and forward it with recommendation a p p I i cat ion to the Minister. (2) During the review of an application under this Act, the Committee- (a) may require the applicant to - 244 No. 13 Geothermal Resources Development 2015 (i) pay the rent for the first year of the permit, licence or concession;or (ii) provide a bond a security in accordance with the Regulations made under section 70; and (b) shall require the applicant to obtain development permission in accordance with the procedure Cap.334 established under the Town and Country Planning Act, as conditions to the grant of the permit, licence or concession. (3) If the applicant does not comply with the conditions imposed by the Committee for the grant of the permit, licence or concession the application lapse. (4) Where the applicant submits further information under section 34 or 35, the Committee shall forward the application to the Minister. Criteria for 38. (1) Before forwarding an application to the Minister, the decisions Committee shall consider- (a) the applicant's proposed work programme, as appropriate; and (b) the extent to which the Committee is of the opinion that the applicant is capable of carrying out authorised activities under the respective permit, licence or concession, having regard to the applicant's - (i) financial and technical resources; and (ii) ability to manage geothermal resources development. (2) After due consideration, the Committee hall submit the application with recommendations either to grant or refuse to grant the permit, licence or concession to the Minister. (3) The recommendations .mentioned in subsection (2) shall include information on all actions the Conunittee has taken with regard to approval or refu al of the application, of the results of due diligence inquiries, and of the progress of all negotiations that have been conducted with respect to the grant of the permit, licence or concession. Cabinet approval 39. (1) Where the Committee recommends the grant of a permit, licence or concession, the Minister shall, as oon a practicable, submit the application to the Cabinet. 245 No. 13 Geothermal Resources Development 2015 (2) The Cabinet may, despite the provisions of any law, approve the granting of the relevant authorisation subject to the terms as may be negotiated between the applicant and the Committee,

40 — Where the Conunittee reconunend that the application be Refusal or

40. Where the Conunittee reconunend that the application be Refusal or refused, the Minister shall notify the applicant in writing stating the application reasons for the refusal and provide notice of actions that may be taken.

41 — (1) As soon a practicable after the Cabinet gives approval for Notice or

41. (1) As soon a practicable after the Cabinet gives approval for Notice or the granting of a permit, licence or concession the Minister shall give the decision to applicant notice of the deci ion. applicant (2) In furtherance of subsection (1), the Committee shall cause to be prepared the relevant draft permit, licence or concession for consideration and submission to the Minister. (3) The draft shall be the result of negotiations between the applicant and the Conunittee and be in the form prescribed by the Regulations. (4) Where the Minister is satisfied with the terms of the relevant draft authorisation he shall grant the permit, licence or concession to the applicant subject to the payment of the appropriate prescribed fee.

42 — A permit may authorise the holder to engage in Phase lor Phase Permits

42. A permit may authorise the holder to engage in Phase lor Phase Permits II activities and for this purpose it may authorise the holder to carry out- (a) the operations needed for Phase I geothermal resources reconnaissance; or (b) the operations needed for Phase Il geothermal resources exploration.

43 — (1) Subject to subsections (4) and (6), the holder ofa permit is Rights of holder

43. (1) Subject to subsections (4) and (6), the holder ofa permit is Rights of holder authorised to enter upon any land in a geothermal resources area that is or permit the subject of the permit for the purpo es of reconnaissance or exploration and to do all the thing a are rea onably nece sary for and in connection with the reconnaissance or exploration. (2) In so far as it may be necessary for, and in conjunction with, the operations referred to in this section, the holder of a permit, for the term o£the permit, shall have the right- (a) to make surveys, investigations, tests and measurements in search of geothermal resources; (b) to enter upon any land specified in the permit with the assistance and equipment as the holder thinks fit; 246 No. 13 Geothermal Resources Development 2015 (c) to make geological and geochemical surveys on the land if a reconnaissance permit is granted; (d) to make geophysical surveys and drill shallow temperature gradient wells if a Phase II permit is granted; (e) to exercise the option to have an exploration permit automatically converted into a licence upon application to the Committee not later than thirty days after the expiration of the permit, upon which failure to apply, the preference shall expire. (3) A permit may be granted for ingress and egress on any land whether or not that land is a designated geothermal resources area. (4) A person who is granted a reconnaissance permit shall conduct his activities in a manner that causes minimal impact on the environment of the land and hall not carry out exploration or drilling activities. (5) The holder of a reconnaissance permit - (a) obtains no rights or interest in respect of any geothermal resources identified through the activities; and , (b) has no entitlement to any privilege or priority in respect of a licence except where an application for a Phase II permit is made. (6) The holder ofa permit except a public officer or an agent of the Crown who has been awarded an exploration permit through an open tender shall be granted the option without more, to convert the permit into a licence. Duration of 44. A permit shall be in force for a period of not more than two years permit from the date of issue but on application granted by the Mini ter may be renewed for such term, not exceeding two years from the date of expiration or from the expiration of any previous renewal. Condition as to 45. In addition to the provisions set out at sections 39 (2) and 42, technology the holder of a permit shall conduct Phase I and Phase II geothermal re ources activities in accordance with the technology that is approved in the permit, I n c i dcn t a I 46. (1) The holder of a permit may carry out any other incidental activities activity if the carrying out of the activity is reasonably necessary for, or is incidental to, the purposes for which the permit was granted. 247 No. 13 Geothermal Resources Development 2015 (2) Without prejudice to the generality of subsection (I), the holder of a permit shall not- (a) construct or use a structure, other than a temporary structure, for office or re idential accommodation in a geothermal resource area; or (b) engage in a bu ine venture other than that which is the subject of the permit.

47 — (I) The holder of an exploration permit may, subject to Amendment of

47. (I) The holder of an exploration permit may, subject to Amendment of subsection (2), amend the work programme for the permit. work programme (2) The holder of an exploration permit shall submit an application to the Mini ter for approval of an amendment to the work programme for the permit. (3) An application under subsection (2) mu t be in the form prescribed by the Regulations. (4) Upon receipt of an application under subsection (2) the Minister shall submit the application to the Committee which shall review it and submit recommendations to the Minister.

48 — In making the decision whether to grant or refuse an amendment Grant or refusal

48. In making the decision whether to grant or refuse an amendment Grant or refusal to a work programme, the Minister shall consider - of amendment (a) any recommendation of the Committee; (b) whether the applicant is capable of discharging the proposed work programme' (c) the work programme requirement set out in the Schedule; and (d) the extent to which the current work programme for the exploration permit has been complied with.

49 — (1) If the Minister decides to approve the amendment, he shall Noticc of

49. (1) If the Minister decides to approve the amendment, he shall Noticc of approval or notify the holder of the exploration permit of hi decision in writing. refusal (2) The approval takes effect when the holder i given the notice or, if the notice state a later day of effect, on the later day. (3) If the Minister refuses the amendment, he shall notify the holder in writing of the deci ion. 248 No. 13 Geothermal Resources Development 2015 (4) The refusal takes effect when the holder is given the notice or, if the notice states a later day of effect, on the later day. (5) A work programme shall not be amended where the programme as amended would be inconsistent with- (a) mandatory conditions of the exploration permit; or (b) any relevant environmental condition of the permit. Co 111 111 i t tee 50. Without limiting the generality of section 37, the Committee may recommendations recommend to the Mini ter that an application for a permit be considered on permit on a competitive basis. Continuance of 51. Except where a permit is cancelled, a permit continues in force permit for the area the subject of the application until the earliest of the following- (a) the start of a licence; (b) when refusal of the application for a licence takes effect; or (c) the application is withdrawn. L cence 52. (1) A licence authorizes the holder to carry out- (a) a continuation of the operations needed for Phases I and II; (b) the operations needed for Phase III geothermal resources drilling; and (c) the operations needed for Phase IV geothermal re ource steam production. (2) A Iicence shall be in force for a period of not more than five years from the date of is ue, but on application granted by the Minister may be renewed for successive two year period from the date of expiration or from the expiration of any previous renewal. Rights conveyed under a licence

53 — (1) A licence shall confer upon the holder of the licence the

53. (1) A licence shall confer upon the holder of the licence the right to enter the land in a geothermal resources area that is the subject of the licence for the purposes of the drilling or production referred to in section 52 (1) (a) and (b) and to do all the things that are reasonably necessary for and in connection with the drilling or production. 249 No. 13 Geothermal Resources Development 2015 (2) In 0 far as it may be necessary for and in connection with the operations referred to in this section, the holder of a licence shall, for the term of the licence, have the right- (a) to drill and construct all nece sary bore; (b) to erect, construct and maintain temporary housing and buildings for holder of the licence's own use and for use by any employee of the holder of the licence; (c) to erect, construct and maintain plant, machinery, buildings and other erections as may be necessary; (d) to utilise the geothermal resources the subject of the licence; (e) to reclaim, utilize and re-inject any geothermal fluids, including water; (t) to utilize spent fluids exiting from a power plant for non- electrical purposes; (g) to construct and maintain roads and other means of communications and conveniences; (h) to reclaim and utilize any geothermal by-products; and (i) to take and use or apply the geothermal resources subject to such conditions and purposes as are specified in the licence. (3) Within the terms of a licence, the Minister- (a) may grant the holder of the licence who discovers geothermal resources which may be used to generate and manufacture electricity of economically developable quantity, the right to produce steam under the terms and conditions as are set forth in this Act; (b) may grant the holder of the licence, except a public officer or an agent of the Crown, who discovers geothermal resources which may be used to generate and manufacture electricity of economically developable quantity, the right to automatically convert the licence into a concession for electricity production as set forth in section 55; 250 No. 13 Geothermal Resources Development 2015 (c) may authorise the holder of a licence to carry out- (i) a continuation of the operations needed for reconnaissance and exploration activities; (ii) the operations needed for drilling; and (ill) the operations needed for the supply of economically deployable steam production to a power plant to produce electricity; (d) shall in relation to bores mentioned in subsection (2) (a), require that each bore shall be- (i) drilled in a manner consi tent with generally accepted standards, including quality and safety standards; (ii) kept under close supervision; (ill) maintained in a afe condition; (iv) left in a condition of lasting safety; and (v) subject to such conditions as the Minister may impose with regard to closure of the bore. (4) In circumstances in which a licence is granted on a competitive basis, the Committee shall consider offers by an otherwise qualified bidder- (a) to increase the fees paid under the licence; (b) to increase the royalty paid under a concession; and (c) to conduct exploration activities within the time period specified by the licence, including drilling of temperature gradient holes and deep exploration wells. Application for 54. Where the holder of a licence who is eligible at the time of an concession application discovers Class I geothermal resources of economically developable quantity capable of being used to generate and manufacture energy, the holder may apply for a concession or special concession. Rights of holder 55. (1) A concession hall confer upon the holder of the concession er concession the right to carryon electricity production under the terms pecified in the concession, thi Act and the Regulation . 251 No. 13 Geothermal Resource Development 2015 (2) The term mentioned in sub ection (I) may authorise the holder of the conce ion to develop Cia s II geothermal re ource of economically developable quantity and grant the holder the long- term right to u e the geothermal re ources in a manner that i consistent with the National Energy Policy and with the terms specified in this Act and the Regulations. (3) A conces ion for Class I geothermal re ource may also include concessions for Class II geothermal re ources. (4) In 0 far a it may be neces ary for and in connection with the operations referred to in this ection, the holder of a conce sion shall have the right in accordance with the technology approved in the agreement mentioned in ection 59 - (a) to enter the land in a geothermal re ources area that is the subject of the conce sion for the purposes of generating and transmitting electrical power from geothermal resource and to do all such things as are rea onably necessary for and in connection with the generation or transmission; (b) to extract, take, u e and apply geothermal re ource on or under any land that is the subject of the concession; (c) to erect, construct, provide and use such works and appliance a may be neces ary for the purpose of generating electricity and in connection with the transmission, the use, supply, sale and export of electricity; (d) to review the operations needed for the supply of geothermal resources capable of being used to generate and manufacture electrical energy via steam production; and (e) to as ess the operation needed for electricity generation and transmission u ing power turbine generation. (5) Where the holder of a conce sion or pecial conces ion fail within three years, to carry out the authorised activities in accordance with the agreement mentioned in section 59, the rights set out in subsections (I) and (2) shall be deemed to be abandoned. 252 No. 13 Geothermal Re ources Development 2015 Additional rights 56. (I) In addition to the rights granted under section 54 (I) and (2) the grant of a special concession hall in accordance with this Act grant the applicant the right to operate submarine cables within Saint Vincent and the Grenadines for the purpo 'e of tran mitting electricity generated from geothermal re ources in accordance with the National Energy Policy under the terms set forth in this Act. (2) Except where a pecial concession for landing submarine cables i otherwise specified in the provision of this Act, this section applies exclu ively to the governance of concession capable of being u ed to generate and manufacture electrical energy and, where 0 specified, conce sion u ed for purposes other than to generate and manufacture electrical energy, including direct heating and cooling, agriculture, applications and recreational bathing. Duration of 57. Concessions and special conce sions granted under this Act concession shall be in force for a period of not more than twenty-five year from the date of is ue, but on application to the Committee may be renewed for successive periods of five years from the date of expiration or from the expiration of any previous renewal. No ex emption 58. (1) Neither a concession nor a special concession for landing frorn licence submarine cables shall exempt the holder from obtaining a licence under under Electricity Supply Act section 6 of the Electricity Supply Act. Cap.404 (2) For the avoidance of doubt, the holder of a conce sion including a pecial conce sion for landing ubmarine cable hall obtain a licence from the Saint Vincent Electricity Services Limited to generate, tran mil, distribute and ell electricity, Power purchase 59. (I) Notwithstanding anything in this Act, every geothermal agreement re ource developer shall offer all the energy the developer produces for sale to the Saint Vincent Electricity Service Limited. (2) If the Saint Vincent Electricity Services Limited accept an offer to purchase energy from a geothermal resource developer, the developer shall ign a power purchase agreement with the Saint Vincent Electricity Services Limited. (3) If the Saint Vincent Electricity Services Limited declines an offer or declines to purchase all the energy produced by a geothermal resources developer, the developer hall export the energy or the unpurchased portion from Saint Vincent and the Grenadines. 253 No. 13 Geothermal Resource Development 2015 (4) A geothermal re ources developer shall pay royalties on any energy that is exported from Saint Vincent and the Grenadine. (5) The Minister shall, ifso reque ted in writing, use his good offices to assist with the negotiation of a power purchase agreement.

60 — (1) The Minister may make regulations regarding the Regulations Ior

60. (1) The Minister may make regulations regarding the Regulations Ior modification, modification, suspension, revocation or surrender of a permit, licence, suspension or conces ion or special concession. authorisation etc (2) Regulations made under this section are subject to affirmative resolution of the House of As embly. PART V COMPLIANCE, ENFORCEMENT AND SAFElY MEASURES

61 — (1) The Minister may by instrument in writing designate a public Designation or

61. (1) The Minister may by instrument in writing designate a public Designation or officer or employee of a governmental entity to discharge the duties of inspectors an inspector under this Act if the Minister thinks the per on is uitably qualified. (2) The instrument mentioned in sub ection (1) shall set out the powers that the per on may exercise as an in pector.

62 — Upon presentation of hi identity card and reasonable evidence Powers of entry

62. Upon presentation of hi identity card and reasonable evidence Powers of entry of hi authori ation by the Minister to the holder of a permit, licence or and inspection conces ion or per on in charge of any geothermal re ources area, an inspector may enter into the area for the purpo e of - (a) monitoring compliance with any permit, licence, concession or requirement under this Act; (b) obtaining information and amples and confiscating any article relevant to the commission of an offence or violation of the term of any permit, licence or concession; and (c) carrying out any provi ion or requirement of this Act.

63 — (I) In the course of any entry permitted by ection 62, an Obtaining

63. (I) In the course of any entry permitted by ection 62, an Obtaining inspector shall, where nece sary and relevant to any permit, licence, information and samples concession or other requirement under this Act, be allowed to - (a) review and copy any document and record; 254 No. 13 Geothermal Resources Development 2015 (b) take photographs; and (c) inspect any part of the geothermal resource area and take amples for the purposes oflaboratory analy is of any air, oil, water or other material from the area. (2) If any sample are taken under ub ection (I), the holder of the permit, licence, concession or person in charge of the geothermal re ources area hall, upon request being made, be provided with- (a) a receipt for the sample collected which identifie the type of analysis to be performed; and (b) a portion of the sampled material properly collected in an appropriate container. (3) In any instance where an inspector requests information from a person under this section and the person a erts a claim that the information provided to the inspector is a trade secret or confidential business information the information shall be treated as confidential unless - (a) the holder of the permit, licence, concession or person in charge of the geothermal re ources area does not disclose a valid ba is for asserting the confidentiality within fourteen days after receipt of a request by the in pector; or (b) the Mini ter determine that the public interest in di clo ing the information clearly outweighs any prejudice to the holder who ha upplied the information. (4) A person who - (a) obstruct or hinders an inspector in the exercise of his powers under this Act; or (b) fails to comply with any requirement or directions of an inspector to furnish any document or record, commit an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for six months or to both. Disclosure lO 64. (I) An inspector shall not be compelled to disclose to a court court in a proceeding or to a party to the proceeding- 255 No. 13 Geothermal Resources Development 2015 (a) confidential information disclosed under thi Act; or (b) the identity or the ource of the confidential information. (2) Subsection (1) does not apply to proceedings instituted under thi Act.

65 — Whenever the Committee reasonably believes that a threat to Emergency

65. Whenever the Committee reasonably believes that a threat to Emergency response human safety or the environment is likely, the Committee may, after activities consultation with the Mini ter and in coordination with other appropriate governmental entitie , undertake such emergency response activities a may be required including - (a) the remediation or re toration of degraded geothermal resources areas· (b) the containment of any wa tes, hazardous substances or dangerou conditions; and (c) any other appropriate measures as may be necessary to mitigate the threat to human safety or the environment.

66 — (1) The holder of a permit, licence or conce ion .hall take all Obligation to

66. (1) The holder of a permit, licence or conce ion .hall take all Obligation to rea onable tep to con ult with each owner and occupier of private or consult owners and occupiers public land on which authori ed geothermal resources activities are to be carried out or are being carried out. (2) The consultation shall pertain to - (a) access to the geothermal resources area; (b) the carrying out of geothermal resources activities including ea ements to the extent they relate to the owner and occupier of the private or public land; and (c) the payment of compensation and liability by the holder of the permit, licence or conce ion to the owner or occupier. (3) The provisions of this Act shall not affect any other rights or remedies. 256 No. 13 Geothermal Resources Development 2015 Offence to bore 67. (1) A person shall not sink a bore in a geothermal resources area for any purpose without first obtaining an authorisation for that purpose. (2) A person who contravenes subsection (I) commits an offence and is liable on summary conviction to a fine of two hundred and fifty thousand dollars or to imprisonment for five years or to both. Offence to 68. (1) No person shall remove, injure, or destroy any equipment destroy owned or used by the holder of a licence, permit or concession or his equipment agent in a geothermal resources area. (2) A person who contravene subsection (1) commit an offence and i liable on urnmary conviction to a fine of twenty thousand dollars or to imprisonment for twelve months or to both. PART VI FINANCIAL PROVISIONS G cot her m a I 69. (I) The holder of a permit, licence or concession shall pay to royalty the Crown royalties on the tenus determined by the Minister. (2) The obligation under subsection (1) is subject to any regulation made under section 70. Minister may 70. The Minister may, after consultation with the Committee and the make regulations for royalty, rent Mini ter responsible for finance, make regulations under this Act to or bond provide for any matter connected with annual royalties rent or bond including the following- (a) when the royalty, rent or bond must be paid; (b) the rate of the royalty and rent; (c) the value of geothermal energy for the royalty; (d) concessions or exemptions from the payment of the royalty, rent or bond; (e) royalty returns; (f) the measurement of, or information about, geothermal energy required for the purpose of a return; (g) interest on unpaid royalty; (h) the recovery of unpaid royalty and intere t; 257 No. 13 Geothermal Resource Development 2015 (i) the refund of the royalty or bond; G) monitoring the payment of the royalty and rent including, by auditors; and (1<) disclosure by the Minister of personal confidential information about the administration of the provisions relating to the royalty and rent.

71 — (1) Save and except for the holder of a reconnaissance permit, Obligation to

71. (1) Save and except for the holder of a reconnaissance permit, Obligation to lodge annual every holder of a permit shall ubmit returns to the Committee in accordance royalty returns with the Regulations. (2) The holder of a permit who contravene subsection (I) commit an offence and is liable on summary conviction to a fine of fifty thousand dollars.

72 — All royalties, rent or bond received in respect of geothermal Proceeds to be

72. All royalties, rent or bond received in respect of geothermal Proceeds to be paid into production activities must be paid into the Consolidated Fund. Consolidated Fund

73 — (I) Where the holder of a permit, licence or conces ion fails to Penalty for non

73. (I) Where the holder of a permit, licence or conces ion fails to Penalty for non- pay the annual rent prescribed by the Regulation , the holder shall in payment of addition to the rent due, pay a civil penalty to the Crown. annual rent (2) The amount of the penalty is- (a) 20 percent of the rent due; and (b) one hundred dollar for every day during which the rent remains outstanding. (3) The penalty shall be payable on the day after the last due date for payment of the rent.

74 — (1) Imports of all good required for Phases I, II, III, and IV of Customs duty and

74. (1) Imports of all good required for Phases I, II, III, and IV of Customs duty and the geothermal resources activities referred to in section 29 is exempt other taxes from any and all customs dutie and all other taxe , for as long as the pha e lasts. (2) The cu toms dutie and all other taxes applicable to the imports of good required by the holders of conces ion [or Phase V shall be for the importer's account and expense except that the Minister re ponsible for finance may by order publi hed in the Gazelle exempt imports of any good required for Phase V from custom dutie and taxes, for a long as Phase V lasts. 258 No. 13 Geothermal Resources Development 2015 Exportation 75. The holder of a permit, licence or concession and that holder's expatriate employee may export from Saint Vincent and the Grenadines, exempt of all customs duties and export taxes, fees and charges, all previously imported items which are no longer required for the conduct of operations under permits, licences and concessions. Resale of 76. The holder of a permit, licence or concession and that holder's imported goods expatriate employees may ell in Saint Vincent and the Grenadines all imported items that are no longer needed for operations under the permit, licence or concession except that goods imported under section 74 shall not be sold in Saint Vincent and the Grenadines for a period of five years from the date of purchase or importation into Saint Vincent and the Grenadines, whichever date is later in time, unless the vendor first pays the requisite cu toms duties. Joi nt and 77. (1) Where there are two or more persons who comprise the severable holder of a permit, licence or concession, the person responsible for respon ibility of holders of managing the operation shall be identified. authorisations (2) The responsibility for managing the operation may alternate among the persons comprising the holder of the permit, licence or concession but all such persons shall be jointly and severally responsible for those obligations stipulated in, and resulting from, the permit, licence or concession. (3) Each person comprising the holder of a permit, licence or concession shall be severally responsible to the Crown as regards their tax and accounting liabilities. Accounting 78. The holder ofa permit, licence or concession may keep accounts in a foreign currency in keeping with accounting practices accepted in Saint Vincent and the Grenadines. Investment 79. The holder of a permit, licence or concession shall submit to the information Minister documentary proof of the investments made every year in Saint Vincent and the Grenadines indicating, in each case, whether these investments are made in capital goods or otherwise. Exemption from 80. The Minister, may by order published in the Gazette, exempt the income taxes: holder of a permit or a licence from income taxes for the duration of the permit or licence permit or licence except that the exemption or tax holiday shall be not less favourable than that granted to any other investor in Saint Vincent and the Grenadines. 259 No. 13 Geothermal Resource Development 2015 PARTVll MISCELLANEOUS

81 — (I) The Minister hall keep and maintain a Register or registers Register or

81. (I) The Minister hall keep and maintain a Register or registers Register or of information containing - inforrnation (a) geothermal resource development applications; (b) all grants or refusals of permit, licences or conces ions; (c) all designated geothermal resource areas; (d) the suspension surrender, modification, revocation, or extension of authorisations; (e) all cancellations or modifications of restricted areas; and (f) such other documents as the Minister may authorise. (2) In entering information into the Register, the Minister shall balance the need for confidentiality with the right of the public to know the details of any transaction and may restrict di closure of such information to achieve this goal. (3) Subject to ubsection (2), the Register hall be a public register and hall be open for in pection by member of the public free of charge at the time and on the days as may be determined. (4) A per on may, on payment of the pre cribed fee, obtain a copy or an extract from any part of the Register.

82 — (I) The Mini ter shall cause to be published within six weeks Publication or

82. (I) The Mini ter shall cause to be published within six weeks Publication or of the occurrence, the following- outcome or application (a) grants or refusals of permits, licences or concession; (b) de ignated geothermal re ources areas; (c) the uspension, surrender, modification, revocation, or exten ion of authori ation ; (d) cancellations or modifications of restricted areas; (e) notices of geothermal resource development applications; or 260 No. 13 Geothermal Resources Development 2015 (t) any other matter he considers appropriate. (2) The Minister shall cause the information under subsection (1) to be published in- (a) the Gazette; (b) the Government website; or (c) any other publication the Minister considers appropriate. (3) Where the Minister con iders information to be confidential, instead of publishing the information, he may cause a statement about its intent to be published in accordance with subsection (2). Settlement of 83. (1) Any dispute or complaint that may arise in conjunction disputes with any permit, licence, concession, the application or interpretation of this Act and, in general, on anything having to do with the geothermal resources activities to which this Act refers, may be submitted to- (a) the courts of Saint Vincent and the Grenadines; or (b) arbitration pursuant to the Rules of the United Nations Commi sion on International Trade Law (UNCITRAL). (2) The decision of the court or arbitrator is final and is not subject to appeal. Regulations 84. (1) The Minister may make regulations pre cribing matters required or permitted by this Act to be prescribed, or necessary or convenient for the carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (1), the Minister may make regulations for- (a) the amount of charges and fees payable for or in relation to a permit, licence or concession; (b) the amount of any other charges or fees which may be specified in any programme developed by the Committee to promote geothermal energy development; (c) forms and procedure that may be required for the purposes of this Act including applications for a permit, licence or conce sion; 261 No. 13 Geothermal Re ources Development 2015 (d) the term upon or subject to which a permit, licence or concession may be applied for, granted or renewed; (e) the qualifications of per on who may be granted permits, licence or concessions including- (i) the technical, legal, economic and financial qual ification of applicants· (ii) the minimum experience, capacity and solvency needed to guarantee the sustained development of geothermal resources exploration and exploitation activities in keeping with the characteristics of a geothermal resources area; (iii) the investment required; and (iv) the environmental protection guidelines. (f) the keeping of records and furnishing of information and returns by persons authorised by or under this Act, and pre cribing the nature of the records, information, and return and the form, manner and time in which they must be kept or furnished; (g) matter in re pect of which fees are payable under this Act and the per ons liable to pay them; (h) the refund of fees or of any other monies payable under this Act in the circumstances as the Minister thinks fit; (i) the responsibilities of holders of permits, licence or concessions and the operations to be carried out under permits, licences or conce sion including actions to be taken upon the discovery of archeological find and other cultural or historical artifact or treasures; G) preventing or abating nui ances in or about geothermal resource activities and indu trie using geothermal re ource ; (k) safety precautions; (I) procedures regarding any emergency in connection with geothermal resource activities; (m) generally regulating the making ofbore ; 262 No. 13 Geothermal Re ource Development 2015 (n) the requirements and procedures which will make the u e of the right et forth under this Act possible; (0) the formula pursuant to which the Saint Vincent Electricity Services Limited shall calculate the purchase price of electricity; (P) matters of confidentiality· (q) model geothermal power purcha e agreements; (r) procedures for the treatment of complaints; () procedures for dispute resolution; (t) matters for which guidelines are to be i ued by the Minister or the Committee; (u) pricing models; (v) ubmarine cables and landing rights; (w) the governance of geothermal re ources; (x) guidance to inspectors to ensure that holder of permits, licence and concessions afeguard the environmental and health and well-being of the people of Saint Vincent and the Grenadine including of their workers; (y) the minimum and maximum size of each geothermal resources area; (z) the procedure for modifying or cancelling restricted area; (aa) procedure for the grant of an authorisation; and (bb) field rules in accordance with which all geothermal resources activitie hall be conducted by holders of permit licence and conce sions. Cap.14 (3) Section 25 (e) of the Interpretation and General Provi ions Act hall not apply to sub idiary legislation made under this Act. Savings of rights

85 — This Act shall not affect the right of Her Majesty, her heir and

85. This Act shall not affect the right of Her Majesty, her heir and or the Crown successors or any person except such as are mentioned in this Act or those claiming by, from or under them. 263 No. 13 Geothermal Re ources Development 2015

86 — Any provi ion in any law inconsi tent with thi Act is void to Confl ict with

86. Any provi ion in any law inconsi tent with thi Act is void to Confl ict with the extent of the inconsi tency in relation to the matter covered by this other laws Act.

87 — (I) The Minister may, by order published in the Gazelle, amend Amendment of

87. (I) The Minister may, by order published in the Gazelle, amend Amendment of the Schedule to this Act. Schedule (2) An order under subsection (I) is subject to negative resolution of the House of Assembly. 264 No. 13 Geothermal Re ources Development 2015 SCHEDULE (section 33(5)) Requirement for Work Programme General requirement The proposed work programme must provide for the following- (a) its period; (b) an overview of the activities propo ed to be carried out under the proposed permit during all of its term; (c) for each year of the programme period- (i) the extent and nature of geothermal exploration propo ed to be carried out during the year; and (ii) generally where the proposed activities will be carried out; and (iii) the estimated cost of the proposed activities; (d) maps showing where the proposed activities will be carried out; (e) reasons why the programme i considered appropriate; (f) any other matter prescribed under a regulation. Water issues (1) The propo ed work programme must include an assessment of- (a) water needed for the propo ed activities; (b) the potential for obtaining any relevant authorisation under the Central Water and Sewerage Authority Act: and (c) the potential structural and other impacts of the carrying out of the proposed activities on aquifers, forestry, wildlife or cultural re ources. (2) The propo ed programme mu t include a plan for the treatment and disposal of any water taken or that may be taken because of the propo ed activitie . Passed in the I-louse of As embly thi 18th day of August, 2015. NICOLE HERBERT Clerk of the House of Assembly. Printed by the Government Printer at the Government Printing Office, Campden Park, St. Vincent and the Grenadines. 2015 [Price $24.00]

Geothermal Resources Development Act No. 13 of 2015

About this law

Where to read it

Text