REPUBLIC OF VANUATU
UTILITIES REGULATORY AUTHORITY
ACT NO. 11 OF 2007
Arrangement of sections
PART 1 PRELIMINARY
1 Interpretation
2 Purpose
3 Application of the Act
PART 2 UTILITIES REGULATORY AUTHORITY
4 Establishment of Authority
5 Composition of Authority
6 Chairperson
7 Termination and resignation of a commissioner
8 Evaluation Committee
9 Remuneration, terms and conditions of appointment
10 Functions of the Chairperson and the Commissioners
11 Meetings
PART 3 FUNCTIONS AND POWERS OF THE AUTHORITY
Division 1- Functions and powers
12 Functions of the Authority
13 Powers of the Authority
Division 2- Safety standards, orders, inspection and reliability standards
14 Safety standards
15 Safety orders
16 Safety inspection
17 Reliability standards
Division 3- Price, complaint resolution and contract administration
18 Maximum prices ,
19 Complaint resolution
20 Assignment of contractual rights
PART 4 OFFENCES
21 Offences
22 Defences
23 Onus and standard of proof
24 Proceedings in respect of offences
25 Infringement notices
26 Penalties payable to public fund
PART 5 REVIEW OF CERTAIN ACTIONS
27 Internal review
28 Judicial review
PART 6 FINANCE
29 Revenue
30 Budget
3 1 Accounting and audit
32 Bank account
PART 7 MISCELLANEOUS
33 Annual report
34 Other reports
35 Policy
36 Staff and application of Public Service Act
37 Consultation
38 Protection from legal actions
39 Delegation
40 Regulations
4 1 Commencement
Schedule 3
REPUBLIC OF VANUATU
Assent: 14/01/2008
Commencement: 11/02/2008
UTILITIES REGULATORY AUTHORITY
ACT NO. 11 OF 2007
An Act to establish the Utilities Regulatory Authority and for related purposes.
Be it enacted by the President and Parliament as follows:
PART 1 PRELIMINARY
1 Interpretation
(1) In this Act, unless the contrary intention appears:
Act means the Utilities Regulatory Authority Act and includes any regulations
made under the Act;
annual report means the annual report referred to under subsection 33(1);
applicable contract means any extant contract relating to a utility made
before, on or after the commencement of this Act and to which the
Government is a party;
Authority means the Utilities Regulatory Authority established under section
4 and includes any individual performing any function or exercising any
power of the Authority;
benefits, in relation to paragraph 40(2)(b) means financial or other assistance
in connection with housing, transport, insurance, long service leave and
contributions made under the Vanuatu National Provident Fund Act [CAP
1891;
Chairperson means that Commissioner appointed to be Chairperson and, in
connection with meetings of the Authority, includes a Commissioner
appointed by the Chairperson in writing to be the latter's proxy;
Commissioner means a Commissioner of the Authority;
comparable location means any place or a particular location in another
country where the economic, geographical and other relevant conditions of
supply of a regulated service are, in the opinion of the Authority. not
dissimilar:
competition includes actual or potential competition, including from overseas;
competitor means any person supplying or who may supply a regulated
service in Vanuatu. including from overseas, and includes a related entity;
conduct includes omissions;
consumer means a person to whom a regulated service is or may be provided
in consideration of a payment;
critical infrastructure means any building, plant or equipment critical to the
supply of a regulated service to a substantial section of the public;
emergency means any situation suggesting an immediate risk of:
(a) serious injury or death to any person; or
(b) serious environmental pollution; or
(c) serious damage to critical infrastructure;
Evaluation Committee means the evaluation committee referred to in section
8;
force majeure means circumstances beyond the control and without the fault
or negligence of a person, including but not restricted to acts of God,
hostilities, war (declared or undeclared), blockade, riots, insurrections, civil
commotion, quarantine restrictions, epidemics, storms or earthquakes;
Government means an office, entity or instrument of the Executive
Government including a ministry or a Minister;
impede means to hinder, obstruct, delay or otherwise prevent;
incident means an event which causes or nearly causes:
(a) serious injury or death to any individual; or
(b) serious environmental pollution; or
(c) serious damage to critical infrastructure;
Judicial Services Commission means the Judicial Services Commission
referred to in Article 48 of the Constitution;
notice of grievance means a notice of grievance referred to under section 27;
penalty means a financial penalty;
place means any location in Vanuatu, including territorial waters;
public fund has the same meaning as in the Public Finance and Economic
Management Act [CAP 2441 ;
Public Service Commission means the Public Service Conlrnission referred
to in Article 59 of the Constitution;
regulated service means the supply of electricity or water to a consumer and
includes all processes leading up to that supply;
related entity means:
(a) in relation to a utility, a person wholly or partially owned or
controlled by, or who wholly or partially owns or controls, the utility;
and
(b) in relation to a competitor, a person which is wholly or partially
owned or controlled by, or who wholly or partially owns or controls,
the competitor;
relevant Minister means:
(a) in respect of water, the Minister responsible for water resources; or
(b) in respect of electricity, the Minister responsible for electricity;
remedies means any one or all of the following:
(a> penalty; or
(b) injunction (including interim injunction); or
(c> declaration;
safety inspector means a safety inspector employed pursuant to subsection
16(1);
safety order means a safety order issued pursuant to section 15;
safety standard means a safety standard issued pursuant to section 14;
standard means a safety standard or a reliability standard;
utility means a person who supplies a regulated service to a consumer for
payment and includes a related entity for the purposes of Part 4.
(2) Safe and safety refers to the risk of:
(a) serious injury or death to any individual; or
(b) serious environmental pollution; or
(c) serious damage to critical infrastructure.
(3) In this Act, unless the contrary intention appears:
(a) where this Act confers any power to make or set any determination,
order, price, regulation or other instrument, the power includes the
power to revoke, vary or otherwise amend the same; and
(b) where the Authority is required by this Act to have regard to any
matter, such matter is not exhaustive of the matters to which regard
may be had, but is to be afforded priority over any other matters.
2 Purpose
The purpose of this Act is to regulate certain utilities to:
(a) ensure the provision of safe, reliable and affordable regulated services; and
(b) maximise access to regulated services throughout Vanuatu.
3 Application of the Act
This Act applies to a regulated service to the extent that is not inconsistent with a
provision in any applicable contract or other Act.
PART 2 UTILITIES REGULATORY AUTHORITY
Establishment of Authority
The Utilities Regulatory Authority is established.
The Authority
(a) is a body corporate with perpetual succession; and
(b) is to have a common seal; and
(a) may sue or be sued in its corporate name.
The Authority is to act independently but must have regard to such policies as
may be issued pursuanito section 35.
Composition of Authority
The Authority consists of three Commissioners who must be appointed in
writing by the Minister responsible for finance on the recommendation of the
Evaluation Committee.
At least two Commissioners must be citizens of Vanuatu.
Chairperson
The Minister responsible for finance must appoint one of the Commissioners
as the Chairperson on the recommendation of the Evaluation Committee.
A Commissioner must not be appointed as a Chairperson for a third
consecutive term.
A Chairperson may resign by notice in writing to the Minister responsible for
finance.
Termination and resignation of a Commissioner
The Minister responsible for finance must, by 28 days notice in writing to a
Commissioner, terminate the appointment of a Commissioner if he or she is
satisfied that the Commissioner:
(a) is physically incapacitated to the extent that his or her ability to
discharge the roles of the Commissioner is significantly impaired; or
(b) is mentally incapacitated; or
(c) is bankrupt or seeks any protection from, or enters into any compact
with, their creditors; or
(d) fails to attend or remain present for the dm-ation of any two meetings of
the Authority in any 12 month period; or
(e) is a member of Parliament; or
(f) is a member of a Local Government Council or Municipal Council; or
(g) ceases to be a citizen of Vanuatu.
(2) The Minister responsible for finance may, by 28 days notice in writing to a
Commissioqer, terminate the appointment of the Commissioner if the
Commissioner:
(a) commits a serious breach of the terms and conditions of his or her
appointment; or
(b) persistently breaches one of the terms and conditions of his or her
appointment.,
(3) A Commissioner may resign by notice in writing to the Minister responsible
for finance.
8 Evaluation Committee
(1) The Evaluation Committee consists of:
(a) an individual, not being a member of any political party, appointed by
the Judicial Services Commission; and
(b) an individual, not being a member of any political party, appointed by
the Public Service Commission; and
(c) the Governor of the Reserve Bank of Vanuatu.
(2) The Evaluation Committee must be guided only by merit and may
recommend:
(a) an individual in respect of each vacancy in the Authority from time to
time: and
(b) terms and conditions of appointment in respect of each individual not
inconsistent with section 9.
(3) An individual must not be recommended by the Evaluation Committee as a
Commissioner if he or she has not given his or her consent to the Evaluation
Committee to accept the appointment on such terms and conditions.
Remuneration, terms and conditions of appointment
A Commissioner is to be paid in accordance with regulations made pursuant to
paragraph 40(2)(b) and, if applicable, subsection 40(3).
The term of appointment of a Chairperson is for a period of not less than three
years and not more than five years and may be a full-time or part-time
appointment.
The term of appointment of a Commissioner, not being the Chairperson, is to
be for a period of not more than five years and may be a full-time or part-time
appointment.
The terms and conditions of appointment of a Commissioner must be included
in the instrument of appointment made pursuant to subsection 5(1).
The obligations contained in Parts 2, 3 and 4 of the Leadership Code Act
[CAP 2401 are deemed to be included in the terms and conditions of
appointment of a Commissioner.
Functions of the Chairperson
The Chairperson is responsible for:
(a) the leadership of the Authority; and
(b) the provision of advice and reports; and
(c) the maintenance of high level relations with utilities; and
(d) the proper and efficient functioning of the Authority.
The Chairperson holds a non-executive position in the Authority and the other
2 Commissioners hold executive positions.
Meetings
The Authority is to meet at least once every three months at such place and
time as the Chairperson may determine.
The Chairperson must give 14 days written notice to the other Commissioners
of meeting, including the time and place for the meeting.
The Chairperson is to preside at all meetings of the Authority.
At a meeting, a quorum consists of any two Commissioners, one of whom is
the Chairperson.
Decisions at a meeting are to be by majority of votes of those present and, if
there is an equality of votes, the Chairperson has a casting vote.
(6) A Commissioner may nominate another Commissioner to be his or her proxy.
(7) The Chairperson may permit other persons to be present at, or participate in, a
meeting, however, those persons are not entitled to vote.
(8) The Authority may otherwise determine and regulate its own procedures.
PART 3 FUNCTIONS AND POWERS OF THE AUTHORITY
Division 1- Functions and powers
12 Functions of the Authority
(1) The Authority has the following functions:
(a) to exercise the functions and powers conferred by this Act or by any
other Act in furtherance of the purposes of this Act;
(b) to provide advice, reports and recommendations to the Government
relating to utilities;
(c) to inform the public of matters relating to utilities;
(d) to assist consumers to resolve grievances;
(e) to investigate'and act upon offences under this Act.
(2) The functions of the Authority may be performed on behalf of the Authority
by :
(a) any individual authorised by the Authority or this Act to perform those
functions from time to time: or
(b) any single Commissioner authorised by the Authority to perform those
functions from time to time and such Commissioner shall be known as
the Chief Executive Officer.
13 Powers of the Authority
(1) The Authority has power to do all things that are necessary or convenient to be
done for or in connection with the performance of its functions.
(2) The powers conferred by this Act may be exercised on behalf of the Authority
by any individual authorised by the Authority or this Act to exercise those
powers.
Division 2-Safety standards, orders, inspection and reliability
standards
14 Safety standards
(1) The Authority may issue safety standards in relation to the safety of a
regulated service in any place.
(2) A safety standard comes into force on the day on which it is published in the
Gazette.
The Authority must, in determining whether to issue any safety standard, have
regard to:
(a) the cost and convenience of compliance with the safety standard; and
(b) the nature and magnitude of the risk that is addressed.
Safety orders
The Authority may issue safety orders in writing directing any person to do or
refrain from doing any thing in relation to the safety of a regulated service.
A safety order issued in relation to one person comes into force when it is
serve,d on that person.
A safety order issued in relation to more than one person comes into force in
relation to each of those persons when it is served on that person.
The Authority must, in determining whether to issue any safety order, have
regard to the cost and convenience of compliance with the safety order and to
the nature and magnitude of the risk.
To avoid doubt, a safety order issued in relation to more than one person may
come into force in relation to a particular person in accordance with subsection
(3), despite the order not having been served on one or more other persons in
relation to whom the order has been issued.
Safety inspection
The Authority may employ a safety inspector on such terms and conditions as
may be determined by the Authority.
The safety inspector may inspect any premises, plant, equipment or vehicle
connected with a regulated service and may carry out all or any of the
following:
enter upon any premises;
take any sample of any substance;
conduct any non-destructive test upon any plant or equipment at its
location;
bring with him or her any other individual for the purpose of advice or
the conduct of any test;
in a suspected emergency, obtain forcible entry to any premises or
vehicle;
in a suspected emergency, bring with him a member of the Police
Force to facilitate his or her inspection.
The safety inspector must make a full written record of all inspections.
An inspection under this section may be conducted:
(a) at any time during normal business hours, with or without notice; or
(b) at any time, in a suspected emergency.
In the event of an incident, the safety inspector must, as soon as reasonably
possible, conduct an inspection of any premises, plant, equipment or vehicle
possibly connected to the incident.
The safety inspector may, in a suspected emergency, make or cause to make
anything reasonably required to abate immediate dangers to safety of a
regulated service.
Reliability standards
The Authority may issue reliability standards in relation to the reliability of a
regulated service in any place.
A reliability standard comes into force on the day on which it is published in
the Gazette.
The Authority must, in determining whether to issue any reliability standard,
have regard to the cost and convenience of compliance with the reliability
standard and to the nature and importance of the reliability issue that is
addressed.
Division 3-Price, complaint resolution and contract administration
18 Maximum prices
(1) The Authority may determine the maximum price which may be charged in
relation to any aspect of a regulated service in any place.
(2) The maximum price determined under subsection (1) is effective on the day on
which the determination is published in the Gazette.
(3) The Authority must have regard to the price of similar services in any
comparable location when determining maximum prices.
19 Complaint Resolution
(1) The Authority may, if requested by a person, assist that person to resolve any
dispute with a utility in respect to a regulated service.
(2) Without limiting subsection (I), the Authority may:
require the utility to answer any question; or
require the utility to provide any document: or
require the utility to test, at the utility's cost, the accuracy of any meter
or other equipment measuring the quantity or quality of a regulated
service provided to the complainant; or
require the utility to calibrate, at the utility's cost, any meter or other
equipment measuring the quantity or quality of a regulated service
provided to the complainant; or
require a utility providing water to test, at the utility's cost, a sample of
water as directed by the Authority.
Assignment of contractual rights
The rights exercisable by the Government in the contracts described in Part A
of Schedule 1 are assigned to the Authority.
The rights exercisable by the Government in the contracts described in Part B
of Schedule 1 are assigned to the Authority, but may only be exercised by the
Authority upon receiving the written approval of the relevant Minister.
The regulations may assign to the Authority other contractual rights
exercisable by the Government in relation to a regulated service.
The Authority may, if necessary or convenient to administer any contractual
right assigned to it pursuant to subsection (1) or (2), or the regulations, require
a utility to:
(a> answer any question; or
(b) provide any document.
If the Authority is provided with information or documents in relation to, or in
connection with, the Authority's functions and powers set out in Part C of
Schedule 1, the Authority must provide a copy of the information or
documents to the Minister responsible for finance.
PART 4 OFFENCES
Offences
A utility must not:
(a) contravene any safety standard; or
(b) contravene any reliability standard; or
(c) contravene any safety order.
A utility must not impede a safety inspector.
A utility must not advertise, propose, claim or demand a price in respect of
any regulated service which exceeds a determination made under subsection
18(1).
A utility and a competitor must not propose or enter into, any contract,
arrangement or understanding that contains a provision which provides for the
fixing, controlling or maintaining of any price, discount, rebate or credit in
respect of a regulated service.
A utility must not, propose, or enter into, any contract, arrangement or
understanding with any person, that contains a provision which provides that:
(a) goods or services of any kind are not to be supplied, or not to be
supplied on the same price or condition; or
(b) a lease or other interest in or over a land is not to be granted,
to a competitor of the utility.
A utility must not:
(a) fail to comply within 21 days; or
(b) provide any false or misleading information or document,
in relation to any requirement imposed under section 19 or subsection 20(4).
A utility must not engage in any conduct which is misleading or deceptive, or
is likely to mislead or deceive a consumer.
A person commits an offence if the person contravenes a provision under this
section.
A person who commits an offence under this section is liable on conviction to
a fine not exceeding:
(a) VT50,000,000- in the case of a body corporate; and
(b) VT5,000,000- in the case of an individual.
Subject to section 22, liability for the offences in this section is strict.
In this section, utility is deemed to include an individual.
Defences
It is a defence to an offence under paragraph 21(l)(a) that the contravention
was due to an accident and that reasonable precautions were made and due
diligence was exercised to prevent such accident.
It is a defence to an offence under paragraph 21(l)(a) or subsection 21(2) that
the contravention was due to a mistake of fact caused by reasonable reliance
on information supplied by another, not being an officer or employee of the
utility.
It is a defence to an offence under subsection 21(3) that the price advertised,
proposed, claimed or demanded was the subject of a genuine typographical or
clerical mistake.
It is a defence to an offence under subsections 21(4) and (5) that the provision:
(a) facilitates the purposes of a bonafide joint venture; and
(b) does not have, and is unlikely to have, the effect of substantially
lessening competition in any place.
It is a defence to an offence under subsection 21(6) or (7) that an answer or
documents required are the subject of legal professional privilege.
If is a defence to an offence under section 21 that the contravention was due to
force majeure.
Onus and standard of proof
The onus of proving the commission of any offence under this Part is upon the
Authority and the standard of proof shall be the balance of probabilities.
The onus of proving any defence under this Part is upon the person raising it
and the standard of proof is to be on the balance of probabilities.
Proceedings in respect of offences
The Authority may commence a claim in the civil jurisdiction of the Supreme
Court seeking any one or more remedies in respect of offences under this Part.
The Authority may commence a claim in the civil jurisdiction of the
Magistrates Court seeking a penalty within its financial jurisdiction.
(3) The court may impose a penalty if it finds an offence to have been proved,
however all other remedies are in the court's discretion.
(4) The Authority may recover and be liable for costs in respect of proceedings
under this section.
(5) Claims brought under this section are to be commenced, conducted and
enforced in accordance with any applicable rules of court and, subject to this
section, as nearly as possible in the same manner as other claims.
(6) Claims brought under this section are to be commenced within three years of
the date of the alleged offence.
(7) No objection, other than as provided by any applicable rules of court, is taken
to any defect in substance or form in the claim or any variance between the
claim and any other document and the court is to permit any amendment or
adjournment necessary to determine the real matters in issue.
(8) In respect of any claims brought under this Part, the production of a Gazette
(or certified copy thereof) containing any standard issued, or determination
made, pursuant to subsection 14(1), 17(1) or 18(1) is conclusive evidence of
the fact and the terms of the standard or determination.
(9) A person who suffers loss or damage by reason of any offence under this Part
(even if no proceedings have been commenced under this section) may recover
the amount of such loss or damage by claim in any court, according to its
financial jurisdiction and may, to this end, apply to be joined to any
proceedings commenced under this section.
(10) If any class of persons have suffered loss or damage by reason of any offence
in this Part, the Authority may recover the amount of such loss or damage on
behalf of such class subject to any applicable rules of court provided that the
Authority has first obtained the written consent of each of the persons on
whose behalf such claim is made.
(1 1) Nothing in subsections (9) or (10) limits, by implication, other remedies to
which a person may be entitled.
25 Infringement notices
(1) The Authority may issue an infringement notice in respect of any single
offence under this Part other than subsections 21(4) and (5).
(2) An infringement notice does not come into force unless it is served within
three months of the date of the offence alleged in that notice.
(3) An infringement notice must:
(a) state the name of the person alleged to have committed the offence;
(b) state that it is issued on behalf of the Authority pursuant to this Act;
(c) include brief particulars of the alleged offence including the date,
time and place (to the extent possible):
(dl refer to the subsection of section 21 by which the alleged offence is
created;
(el specify a penalty not greater than VT100,OOO which is sought in
respect of the alleged offence; and
( f) state that unless the penalty specified under paragraph (e) is paid
within 28 days of the date of service of the infringement notice, the
alleged offence is to be dealt with by a court.
(4) If the penalty specified in the infringement notice is not paid within the time
required (or such Xurther time as the Authority may allow) it is deemed, for the
purposes of any proceedings brought under section 24 to be prima facie
evidence of any facts described in it.
(5) If the penalty specified in the infringement notice is paid within the time
required (or such further time as the Authority may allow) it is a bar to the
commencement of any proceedings brought under section 24 in respect of the
same offence by the same person.
(6) The Authority may, in its discretion:
(a) revoke an infringement notice; and
(b) extend the time for payment of the penalty specified in any
infringement notice; and
(c) issue a new infringement notice in lieu of one which is revoked.
(7) The payment by a utility of the penalty specified in an infringement notice is
not, in any circumstances, evidence of the cornmission of any offence or of
any act or omission.
26 Penalties payable to public fund
(1) All penalties recovered under this Part must be paid into the public fund.
(2) Any cost recovered under this Part is to be deposited in the bank account of
the Authority.
PART 5 REVIEW OF CERTAIN ACTIONS
27 Internal review
( I ) A utility aggrieved by any action taken pursuant to Part 3 or section 37 may,
within 30 days, give a notice of grievance to the Authority in writing that
contains:
(a) a detailed description of any facts or matters supporting the grievance;
and
(b) copies of any documents supporting the grievance; and
(c) a detailed description of any alleged error of law; and
(d) a detailed description of any relevant changed facts or circumstances
since the action being the subject of the notice.
(2) If the Authority receives a notice of grievance within the time prescribed by
subsection (1), it must review the merits of the grievance and may:
(a) revoke the action complained of in the notice of grievance; or
(b) amend or vary the action complained of in the notice of grievance; or
(c) take no further action.
(3) The aggrieved person must be informed of the outcome of the review within
30 days and, in the event that the Authority takes the action described in
paragraphs (2)(b) or (c), the Authority must provide written reasons for its
actions.
(4) If upon review, the Authority is satisfied of any of the matters described in
paragraphs 28(a) to (c) it must revoke, amend or vary the action complained of
accordingly.
28 Judicial review
A utility that is aggrieved by any action taken pursuant to Part 3 or section 37 may, in
addition to any other rights, apply to the Supreme Court for judicial review upon one
or more of the following grounds as to which the onus of proof is upon the applicant:
(a) the cost and inconvenience of compliance with any standard is not reasonably
proportionate to the issue it addresses; and
(b) a price determined pursuant to section 18 will produce less income for the
utility than the cost to the utility of providing the regulated service in the place
to which it relates; and
(c) a price determined pursuant to section 18 does not enable the utility to realise
a reasonable profit on the regulated service to which it relates.
PART 6 FINANCE
29 Revenue
The revenue of the Authority consists of:
funds appropriated by the Government; and
costs recovered in respect of proceedings under Part 4; and
funds assigned to it by the Minister responsible for finance by way of initial
capital and budget allocation.
Budget
The initial capital and the annual budget of the Authority must be approved by
the Minister responsible for finance after consultation wi* the Council of
Ministers. c
The Minister responsible for finance must not withhold funds to the Authority
once allocated to it except in accordance with subsection 39(4) of the Public
Finance and Economic Management Act [CAP 2441.
Any surplus funds held by the Authority at the end of the financial year must
be returned to the public fund.
Accounting and audit
The Authority must keep full and proper books of account.
The Authority is to prepare and submit to the Minister responsible for finance,
a financial report in respect of each financial year within three months after the
end of that financial year.
The financial report must be audited and certified by the Auditor General in
accordance with the Expenditure Review and Audit Act [CAP 2411.
Bank account
The Authority may open and operate a bank account if the Director-General of
Finance and Economic Management expressly authorises the Authority to do so
pursuant to subsection 43(4) of the Public Finance and Economic Management Act
[CAP 2441.
PART 7- MISCELLANEOUS
33 Annual report
(1) The Authority must submit to the Minister responsible for public utilities an
annual report of its operations for a particular year within 60 days of the end of
that financial year.
(2) Without limiting subsection (I), the report must include:
(a) a summary of the activities of the Authority; and
(b) financial statements of the Authority; and
(c) a report of the auditor; and
(d) a summary of court proceedings where the Authority had been a party
to (if any); and
(e) a summary of major decisions taken by the Authority; and
(0 a list of staff of the Authority; and
(g) such other information as the Minister may direct in writing.
(2) The annual report must be tabled in Parliament at the next sitting following its
presentation to the Minister responsible for public utilities.
34 Other reports
The Authority may from time to time provide any Minister with such reports other
than the annual report if the Minister requests a copy of such report.
35 Policy
The relevant Minister may issue statements of general policy relevant to the functions
and powers of the Authority that are not inconsistent with any provision in this Act.
Staff and application of Public Service Act
The Authority may employ or engage such persons as it considers necessary to
perform its functions or exercise its powers.
The Public Service Act [CAP 2461 does not apply to the Authority or any
person employed or engaged by the Authority.
Consultation
Subject to subsection 4(3), the Authority may obtain advice from or consult
with any person including the Government.
Prior to exercising any of the powers contained in subsections 14(1), 17(1) or
18(1), the Authority must:
(a) give notice of the material substance of the proposed exercise of such
powers to all utilities potentially affected; and
(b) afford all such utilities a reasonable opportunity to make submissions
in relation to the exercise of such powers.
The Authority is to consider any submissions provided under paragraph (2)(b).
If upon consideration, the Authority is satisfied of any of the matters described
in paragraphs 28(a) to (c) it may revoke, amend or otherwise vary the
proposed action accordingly.
Protection from legal actions
This section applies to each of the following persons:
(a) the Authority;
(b) a Commissioner;
(c) a safety inspector;
(d) an employee of, or a person engaged by, the Authority under section
36;
(e) a delegate of the Authority.
The person is not liable to an action, suit or proceeding in relation to an act or
matter if:
(a) the act or matter is done or omitted to be done in the exercise or
performance, or purported exercise or performance, of a power or
function under this Act or any other law; and
(b) the act or matter is done or omitted to be done in good faith.
Delegation
The Authority may by signed instrument delegate to a person all or any of the
powers or functions of the Authority under this Act or any other law.
A delegate of the Authority is, in the exercise of the delegate's delegated
powers or functions, subject to the directions of the Authority.
A power or function delegated is, when exercised or performed by the
delegate, deemed to have been exercised by the Authority.
The delegation of a power or function does not prevent the exercise of the
power or the performance of the function by the Authority.
40 Regulations
(1) The relevant Minister may make regulations:
(a) to give effect to the purpose and provisions of this Act; or
(b) as are necessary or convenient to be prescribed for carrying out or
giving effect to this Act
(2) Without limiting subsection (I), the regulations may provide for all or any of
the following:
(a) the prescription of penalties for certain offences to be sought by an
infringement notice;
(b) the prescription of the remuneration, benefits and allowances of the
Chairperson and other Commissioners, provided that the remuneration
of the Chairperson shall not be less than that of a Director-General of a
Ministry and shall not be more than that of the Governor of the
Reserve Bank of Vanuatu at any time.
?.
(3) Despite paragraph (2)(b), if the Chairperson is not a citizen of, nor !currently
resides in, Vanuatu the Minister responsible for finance may make regulations
prescribing a supplement to be paid to the Chairperson if he or she is satisfied
that it is reasonably necessary to attract a suitable candidate.
41 Commencement
This Act comes into force on the day on which it is published in the Gazette. ;
Schedule 1
Part A Powers conferred under subsection 20(1)
A1 Electricity
Instrument
Electricity Supply Act (as amended)
Convention relating to the Concession for
the Generation and Public Supply of
Electric power in Luganville
Specifications relating to the Concession
for the Generation and public supply of
electric power in Luganville
Convention relating to the Concession for
the Generation and Public Supply of
Electric power in Port Vila
Function / power / responsibility
Section 5
Section 6
--
Section 6, paragraph 29
Section 12, paragraph 55
Section 3, paragraph 4
Section 3, paragraph 7
Section 3, paragraph 9
Section 4, paragraph 12
Section 7, paragraph 31
Section 8, paragraph 35
Section 11, paragraph 57
Section 11, paragraph 58
Section 12, paragraph 59
Section 13, paragraph 66
Section 14, paragraph 67
Section 14, paragraph 73
Section 17, paragraph 75
Section 18, paragraph 76
Section 18, paragraph 78
Section 21, paragraph 8 1
Section 6, paragraph 29
Section 12, paragraph 55
Instrument
Specifications relating to the Concession
for the Generation and public supply of
electric power in Port Vila
Agreement varying concession between
the Government of the Republic of
Vanuatu and the Honourable Minister of
Lands, Geology, Mines, Energy and Rural
Water Supply and Union Electrique du
Vanuatu Limited (dated 25 September
1997)
Function / power 1 responsibility
Section 3, paragraph 4
Section 3, paragraph 7
Section 3, paragraph 9
Section 4, paragraph 12
Section 6, paragraph 29
Section 7, paragraph 33
Section 10, paragraph 55
Section 10, paragraph 56
Section 11, paragraph 57
Section 12, paragraph 64
Section 13, paragraph 65
Section 14, paragraph 71
Section 16, paragraph 73
Section 17, paragraph 74
Section 17, paragraph 75
Section 17, paragrapfi 76
Section 20, paragraph 79
Section 1 1
Instrument
Concession contract for the Generation
and Public Supply of Electric Power in
Malekula Island
Concession contract for the Generation
and Public Supply of Electric Power in
I'anna Island
Function / power / responsibility
Article 2, Section 2.03, paragraph 12
Article 2, Section 2.03. paragraph 14
Article 9, paragraph 30
Article 18, paragraph 70
Article 19, paragraph 75
Article 23, paragraph 104
Article 23, paragraph 105
Article 24, paragraph 107
Article 25, paragraph 1 19
Article 26, paragraph 120
Article 27, paragraph 128
Article 28, paragraph 129
Article 3 1, paragraph 154
Article 32, paragraph 160
Article 34, paragraph 165
Article 34, paragraph 166
Article 2, Section 2.03, paragraph 11
Article 2, Section 2.03, paragraph 13
Article 9, paragraph 29
Article 18, paragraph 69
Article 19, paragraph 74
Article 23, paragraph 103
Article 23, paragraph 104
Article 24, paragraph 106
Article 25, paragraph 1 18
Article 26, paragraph 119
Article 27, paragraph 127
Article 28, paragraph 128
Article 3 1, section 3 1.06, paragraph 153
Article 32, paragraph 159
Article 34, paragraph 165
Article 34, paragraph 166
A2 Water
Instrument
Contract for the Management and
Operation of the Water Supply Service in
Port Vila
Schedule of Conditions to the Contract for
the Management and Operation of the
Water Supply Service in Port Vila
Function / power / responsibility
Article 7.2
Article 2
Article 6
Article 9
Article 16
Article 17
Article 29
Article 33.1
Article 33.3
Article 33.4
Article 34
Part B Powers conferred under subsection 20(2)
B1 Electricity
Instrument
Convention relating to the Concession for
the Generation and Public Supply of
Electric power in Luganville
Specifications relating to the Concession
for the Generation and public supply of
electric power in Luganville
Convention relating to the Concession for
the Generation and Public Supply of
Electric power in Port Vila (as amended)
Specifications relating to the Concession
for the Generation and public supply of
electric power in Port Vila (as amended)
Concession contract for the Generation
and Public Supply of Electric Power in
Malekula Island
Concession contract for the Generation
and Public Supply of Electric Power in
Tanna Island
Function / power / responsibility
Section 5, paragraph 20
Section 8, paragraph 38
Section 13, paragraph 62
Section 5, paragraph 24
Section 5, paragraph 27
Section 9, paragraph 43
Section 17, paragraph 60 (which has
been incorrectly numbered and should
read paragraph 69)
Section 5, paragraph 5.2, of amending
agreement dated 25 September 1997
Section 5, paragraph 20
Section 7, paragraph 32
Section 8, paragraph 34
Section 9, paragraph 43
Section 13, paragraph 62
Section 17, paragraph 69
Section 5, paragraph 23, as varied by
agreement dated 1 September 1998
Section 5, paragraph 26, as varied by
agreement dated 1 September 1998
Section 7, paragraph 32
Article 6, paragraph 23
Article 7, paragraph 26
Article 31, section 31.07, paragraph 157
Article 6, paragraph 22
Article 7, paragraph 25
Article 31, section 31.07, paragraph 156
B2 Water
Instrument
Water Supply Act (as amended by the
Water Supply (Amendment) Act No. 9 of
1993)
Contract for the Management and
Operation of the Water Supply Service in
Port Vila
Schedule of Conditions to the Contract for
the Management and Operation of the
Water Supply Service in Port Vila
Function / power / responsibility
Section 11
Article 1.4.2
Article 7.3
Article 22
Article 26
Article 34
Part C Functions and powers to which subsection 20(5)
applies
Instrument
Specifications relating to the Concession
for the Generation and public supply of
electric power in Luganville
Specifications relating to the Concession
for the Generation and public supply of
electric power in Port ~ i l a
Agreement varying concession between
the Government of the Republic of
Vanuatu and the Honourable Minister of
Lands, Geology, Mines, Energy and Rural
Water Supply and Union Eiectrique du
Vanuatu Limited (dated 25 September
1997)
Concession contract for the Generation
and Public Supply of Electric Power in
Malekula Island
Function I power I responsibility
Section 3, paragraph 7
Section 3, paragraph 9
Section 11, paragraph 57
Section 14, paragraph 67
Section 18, paragraph 76
Section 18, paragraph 78
Section 3, paragraph 7
Section 3, paragraph 9
Section 10, paragraph 55
Section 13, paragraph 65
Section 17, paragraph 74
Section 17, paragraph 75
Section 17, paragraph 76
Section 11
Article 2, Section 2.03, paragraph 12
Article 2, Section 2.03, paragraph 14
Article 23, paragraph 104
Article 26, paragraph 120
Article 3 1, paragraph 154
Article 32, paragraph 160
Instrument
Concession contract for the Generation
and Public Supply of Electric Power in
Tanna Island
Contract for the Management and
Operation of the Water Supply Service in
Port Vila
Schedule of Conditions to the Contract for
the Management and Operation of the
Water Supply Service in Port Vila
Function 1 power 1 responsibility
Article 2, Section 2.03, paragraph 12
Article 2, Section 2.03, paragraph 14
Article 23, paragraph 103
Article 26, paragraph 119
Article 3 1, paragraph 153
Article 32, paragraph 160
Article 7.2
Article 2
Article 6
Article 9
Article 16
Article 17
Article 29
Article 33.1
Article 33.3
Article 33.4
Article 34
REPUBLIC OF VANUATU
UTILITIES REGULATORY AUTHORITY
(AMENDMENT) ACT NO. 18 OF 2010
Arrangement of Sections
1 Amendment ............................................................................................. 2
0
2 Commencement ..................................................................................... .2
* ss
Utilities Regulatory Authority (Amendment) Act No. 18 of 2010 1
REPUBLIC OF VANUATU
Assent: 30/12/2010
Commencement: 24/01/2011
UTILITIES REGULATORY AUTHORITY
(AMENDMENT) ACT NO. 18 OF' 2010
An Act to amend the Utilities Regulatory Authority Act No. 11 of 2007.
Be it enacted by the President and Parliament as follows-
1 Amendment
The Utilities Regulatory Authority Act No. 11 of 2007 is amended as set out in
the Schedule.
2 Commencement
This Act commences on the day on which it is published in the Gazette.
8
' ,*
Utilities Regz~latoryA uthority (Amendnient) Act No. 18 of 2010 2
SCHEDULE
AMENDMENTS OF THE UTILITIES REGULATORY AUTHORITY ACT NO. 11 OF 2007
SCHEDULE
AMENDMENTS OF THE UTILITIES REGULATORY
AUTHORITY ACT NO. 11 OF 2007
1 Section 2
Delete "to regulate certain utilities"
2 Paragraph 2(b)
Delete "." Substitute "; and"
3 At end of section 2
Add
"(c) promote the long term interests of consumers"
4 Section 3
Repeal the section, substitute
"3 Application of the Act
This Act applies to a regulated service to the extent that is not inconsistent with a
provision in any concession agreement under the Electricity Supply Act [CAP 651
existing on or before the conirnencement of this Act or a provision of any other
Act."
5 Subsection 13 (2)
Re-number the subsection as "(3)"
6 After subsection l3(l)
Insert
"(2) Without limiting subsection (I), the Authority may:
(a) require a utility to furnish the Authority with specified information
or documents; or information or documents of a specified kind,
relating to a regulated service or to the corporate structure,
accounts or finances of the utility; or
Uilities Reglilatory Azrthority (Amendnient) Act No. I8 of 2010 3
SCHEDULE
AMENDMENTS OF THE UTILITIES REGULATORY AUTHORITY ACT NO. 11 OF 2007
(b) require a utility to confer with the Authority as to the manner in
which it carries on any specified activity in relation to a regulated
service; or
(c) do anything reasonably incidental to any of its powers."
7 After section 29
Insert
"29A Investment Support Fund
The investment support f~inde stablished under sections 6 of the Conventions
listed below must be held by the Central Government Cashier at the Department
of Finance and Economic Management:
(a) Convention relating to the Concession for the Generation and Public
Supply of Electric Power in Lugainville; and
fb) Convention relating to the Concession for the Generation and Public
Supply of Electric Power in Port Vila."
8 Schedule 1- Part A- Powers conferred under subsection 20(1)-
A1 Electricity
Delete "section 6, paragraph 29" relating to the following:
(a) Convention relating to the Concession for the Generation and Public
Supply of Electric Power in Lugainville; and
(b) Convention relating to the Concession for the Generation and Public
Supply of Electric Power in Port Vila."
--
Utilities Regtrlatory Authority (Arnendnienf) Act No. 18 of 2010