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Electricity (Amendment) Act 2000

Assent: 5 May 2000
Commencement: 10 July 2000

REPUBLIC OF VANUATU


ELECTRICITY SUPPLY (AMENDMENT) ACT

NO. 21 OF 2000

Arrangement of Sections

1. Amendment of long title
2. Repeal of section 1 and substitution of new sections
3. Amendment of section 2
4. Amendment of section 3
5. Amendment of section 4
6. Amendment of section 6
7. Commencement.

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REPUBLIC OF VANUATU


ELECTRICITY SUPPLY (AMENDMENT) ACT

NO. 21 OF 2000

An Act to amend the Electricity Supply Act [CAP 65] (the "Principal Act").


BE IT ENACTED by the President and Parliament as follows:

AMENDMENT OF LONG TITLE

1. The long title of the Principal Act is amended by inserting ", and to other areas" after "Luganville".

REPEAL OF SECTION 1 AND SUBSTITUTION OF NEW SECTIONS

2. Section 1 of the Principal Act is repealed and the following sections are substituted:

"INTERPRETATION

1.   In this Act, unless the contrary intention appears:

"concessionaire" means:

(a)         in relation to Port Vila and Luganville - the body holding the sole concession for the manufacture and supply of electricity within those areas; and

(b)         in relation to any other area - the person granted the sole concession under a concession agreement for the manufacture and supply of electricity within that area;

"concession agreement" means an agreement entered into under section 1A;

"concession area" means:

(a)         in relation to Port Vila and Luganville - the areas of Port Vila and Luganville; and

(b)         in relation to any other area - the area specified in the concession agreement;

"Minister" means the Minister responsible for power.

AGREEMENT GRANTING SOLE CONCESSION FOR ELECTRICITY OUTSIDE PORT VILA AND LUGANVILLE

1A. (1) The Minister may, on behalf of the Government, enter into an agreement granting a person the sole concession for the manufacture and supply of electricity within such areas outside of Port Vila and Luganville as are specified in the agreement for a specified period.

(2) Nothing in the agreement is to be taken to affect the supply of electricity by the Government under the Supply of Electricity (Districts) Act [CAP 96] outside of the concession area while the agreement remains in force.

OTHER MANUFACTURERS AND SUPPLIERS

1B. (1) A person who is not the concessionaire can manufacture and supply electricity outside a concession area.

(2) A person who manufactures electricity outside of a concession area can sell the electricity to a concessionaire.".

AMENDMENT OF SECTION 2

3. Section 2 of the Principal Act is amended by:

(a) deleting "such concession" and substituting "the concession for Port Vila and Luganville"; and

(b) adding at the end the following subsection:

"(2) A concession agreement is subject to the terms of this Act. If there is any conflict between a provision of the agreement and a provision of the Act, the provision of the Act prevails.".

AMENDMENT OF SECTION 3

4. Section 3 of the Principal Act is amended by deleting "supply area" and substituting "concession area".

AMENDMENT OF SECTION 4

5. Section 4 of the Principal Act is amended by inserting "or occupied" after "owned".

AMENDMENT OF SECTION 6

6. Section 6 of the Principal Act is amended by deleting "Accountant General" from subsection (2) and substituting "Director of Finance".

COMMENCEMENT

7. This Act commences on the day on which it is published in the Gazette.

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