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Electric Power Corporation Act 1980

CONSOLIDATED ACTS OF SAMOA 2009

ELECTRIC POWER CORPORATION ACT 1980

Arrangement of Provisions

TITLE

PART I
PRELIMINARY

1. Short title
2. Commencement
3. Interpretation

PART II
ESTABLISHMENT AND FUNCTIONS OF CORPORATION

4. Nature of Corporation
5. Membership of Corporation
6. (Repealed)
7. Extraordinary vacancies
8. Deputies of directors
9. Remuneration
10. Liability of directors
11. Meetings
12. Minutes of meetings
13. Secrecy
14. Disclosure of interest
15. Functions of Corporation
15A. Protection of lines
16. Powers of Corporation
17. Delegation of powers
18. Policy of Cabinet

PART III
FINANCE

19. Application of profits
20. Liability for tax and other duties
21. Accounts
22. Audit
23. Contracts by Corporation

PART IV
LICENCES

24. Licence requirement
25. Issue of licence
26. Application for licence
27. Notification of refusal to grant licence
28. Grounds for cancellation or suspension of licence
29. Licence holder to show cause why licence should not be suspended or cancelled
30. Notice of suspension or cancellation
31. Appeal to District Court

PART V
STAFF

32. General Manager
33. Staffing
34. Powers of General Manager
35. Entry onto land
36. Duty to repair
37. Consumer or occupier liable for damages
38. General Manager not liable for compensation
39. Ex gratia payment

PART VI
MISCELLANEOUS

40. Offence not to have licence
41. Obstruction of Corporation staff
42. Destruction, etc., of electrical installation
43. Failure to comply with notice
44. False misrepresentation
45. Unlawful use of electricity
46. False statements in licence
47. General penalty
48. No claim for failure of electricity
49. Service of notice
50. Deeming of evidence
51. Regulations
52. Repeal and savings
Schedule

____________

THE ELECTRIC POWER CORPORATION ACT 1980
1980 No. 16

AN ACT to consolidate and amend certain enactments relating to the Electric Power Corporation, its functions, operations and other related matters including its role in the generation, supply and use of electricity

(5 September 1980)
(Commencement dates: For sections 15 & 16: 19th December 1972
Rest of the Act: 5th September 1980)

PART 1
PRELIMINARY

1. Short title - This Act may be cited as the Electric Power Corporation Act 1980.

2. Commencement - Sections 15 and 16 shall be deemed to have come into operation on 19 December 1972.

3. Interpretation - In this Act, unless the context otherwise requires:

"Corporation" means the Electric Power Corporation established and continued by section 4;

"Deputy" means a person authorised or nominated to act as a director under section 8;

"Director" means a director of the Corporation;

"Electrical installation" means the wires, cables, fittings, appliances, meters, insulators, switchboards, outlet sockets and apparatus in, on, under or over any land and premises used in the generating, conducting or transmitting and distributing of electricity but does not include:

(a) Appliances, fittings or apparatus capable of being connected to an outlet socket:

(i) at which fixed wiring terminates; and

(ii) that is installed for the purposes of connecting appliances, fittings or apparatus operated by electricity;

(b) The cables and other things required for connecting the appliances, fittings or apparatus to an electrical socket;

(d) A conductor apparatus or device used or intended to be used solely:

(i) for telecommunication purposes;

(ii) in any ship, boat, aircraft or other conveyance or vessel for transport purposes by land, water or air; or

(iii) in connection with a source of electricity not exceeding 32 volts;

"Electrical wiring work" means the physical work of:

(a) Installing;

(b) Altering; or

"General Manager" means the General Manager appointed under section 32;

"Government" means the Government of Samoa;

"Licence" means a licence issued under subsection 25 (2);

"Licensing Committee" means a Licensing Committee established under subsection 25 (1);

"Minister" means the Minister of Works, Transport and Infrastructure

PART II
ESTABLISHMENT AND FUNCTIONS OF CORPORATION

4. Nature of Corporation - (1) There shall continue to be the body corporate called the Electric Power Corporation which is the successor by virtue of this section to the Electric Power Corporation established under the Electric Power Corporation Act 1972.

(2) The Corporation:

(a) Is a body corporate with perpetual succession;

(b) Shall have a common seal;

(d) May sue or be sued in its corporate name; and

(e) May borrow or invest money.

5. Membership of Corporation - (1) The Corporation shall consist of 8 directors:

(a) The Minister who shall be the Chairperson;

(b) The General Manager who shall be the Deputy Chairperson;

(d) The [Director of Economic Development];

(e) Three persons appointed at pleasure by the Head of State, acting on the advice of Cabinet, one of whom shall be a practitioner under the Law Practitioners Act 1976, one of whom shall represent domestic consumers of electric power and the other to represent the Samoa Chamber of Commerce and Industry (Incorporated) incorporated under the Incorporated Societies Ordinance 1952; and

(f) The Chief Executive Officer of Works, Transport and Infrastructure.

(2) The performance of the functions or the exercise of the powers of the Corporation is not affected by reason of there being a vacancy or vacancies in the number of directors of the Corporation.

6. Repealed by section 4 of Electric Power Corporation Amendment Act 1986.

7. Extraordinary vacancies - (1) An appointed director may at any time be removed from office by the Head of State, acting on the advice of Cabinet:

(a) For disability;

(b) For bankruptcy; or

(2) An appointed director may at any time resign his or her office by notice in writing given to the Minister.

(3) If an appointed director dies, or resigns, or is removed from office, his or her office shall become vacant and the vacancy shall be deemed to be an extraordinary vacancy.

(4) An extraordinary vacancy shall be filled by the appointment of a person in accordance with subsection 5 (1) (e).

(5) A person appointed to fill an extraordinary vacancy shall be appointed for the residue of the term for which the vacating director was appointed.

(6) The powers of the Corporation shall not be affected by a vacancy in the composition of the Corporation.

8. Deputies of Directors - (1) The Minister may appoint a person to a meeting as his or her deputy.

(2) The Chief Executive Officer of the Ministry of Works, Transport and Infrastructure, the Chief Executive Officer of the Ministry of Finance and the [Director of Economic Development] may authorise a senior officer of his or her department to attend the meeting as his or her deputy.

(3) Where an appointed director is temporarily incapacitated by illness or for other good reason cannot attend the meeting, the Minister may nominate a person to attend that meeting as the deputy of that director.

(4) No deputy shall act as Chairperson or Deputy Chairperson of the Corporation.

(5) The deputy of a director while attending a meeting as a deputy shall be deemed to be a director.

(6) The nomination of a deputy of a director, and any act done by a deputy of a director, shall not be questioned in any proceedings on the ground that the occasion for his or her nomination had not arisen or had ceased.

9. Remuneration - Every appointed director shall be paid out of the funds of the Corporation such remuneration, travelling expenses or other expenses reasonably incurred by him or her at such rates as Cabinet may determine.

10. Liability of directors - No director or deputy of a director shall be personally liable for any act done, or omitted to be done, in good faith in the exercise or performance of the functions, powers and duties of the Corporation.

11. Meetings - (1) Meetings shall be held at such times and at such places as the Chairperson or Deputy Chairperson from time to time determines.

(2) Every meeting of the Corporation shall be presided over by the Chairperson or if the Chairperson is not present by the Deputy Chairperson.

(3) In the absence of both the Chairperson and the Deputy Chairperson the directors shall appoint one of their fellow-directors to be Chairperson.

(4) The Chairperson or, if he or she is absent, the Deputy Chairperson, or 2 directors, may at any time convene a special meeting of the Corporation by notice in writing stating the business to be transacted served on all those eligible to attend.
(5) At every meeting the quorum shall be 4 persons eligible to vote under this Act.

(6) A question before a meeting of the Corporation shall be resolved by a majority of the valid votes of the directors, or their deputies, present.

(7) A resolution signed or assented to by letter, telegram or cable by a majority of the directors has the same effect as a resolution passed at a meeting of the Corporation.

(8) The Chairperson at any meeting has a deliberative vote, and in the event of an equality of votes, also has a casting vote.

(9) Subject to this Act and regulations the Corporation may regulate its proceedings in such manner as it thinks fit.

12. Minutes of meetings - (1) The Corporation shall cause minutes to be kept, in a book provided for that purpose, and shall record the names of all persons present, all resolutions and proceedings of meetings of the Corporation and all resolutions passed pursuant to subsection 11(6).

(2) The minutes of every meeting shall, if signed by a person purporting to be the Chairperson of any meeting, be received in evidence without further proof.

(3) A copy of the minutes shall be furnished to every director within 7 days after the completion of every meeting.

13. Secrecy - No director of the Corporation shall communicate or reveal to any person any matter which becomes known to him or her as a director of the Corporation except with the approval of the Corporation or as required for the due discharge of his or her official duties as a director of the Corporation.

14. Disclosure of interest - (1) A director who has a direct or an indirect interest in a matter being considered or about to be considered by the Corporation otherwise than as a director shall, as soon as possible after the relevant facts have come to his or her notice, disclose the nature of his or her interest at a meeting of the Corporation.

(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting and, except as otherwise provided by a resolution of the Corporation, the director shall leave the meeting after the disclosure during any deliberation or decision relating to that business, but shall be counted as present for the purpose of forming a quorum for the meeting on any such deliberation or decision.

15. Functions of Corporation - The functions of the Corporation are:

(a) To generate, transmit, distribute and sell electricity;

(b) To control and provide and maintain, on, over or under any land, generating and storage works, dams, roads, water races, penstocks, fuel storage facilities, electric lines, transformer stations or any other plant or equipment used in the generation, transmission or distribution of electricity;

(c) To promote, organise, co-ordinate, continue, develop and maintain the generation, transmission or distribution of electricity;

(d) To use waters or obtain the right to use waters in the sea, lake, waterfalls, rivers or streams for the purpose of generating electricity;

(e) To alter the course or level of any river, stream, water course or other area of water for the purpose of generation, transmission or distribution of electricity;

(f) To control the use of electricity;

(g) To erect works and install all necessary machinery and plant for the purpose of generating electricity;

(h) To enter any contract for the sale, lease or purchase of property in relation to the generation, transmission, distribution or use of electricity;

(i) To sell electricity to persons on such terms and conditions as determined by the Corporation and to recover money for the same;

(j) To obtain the capital cost of providing electricity to a particular consumer on such terms and conditions as it deems fit;

(k) To charge a fee, where otherwise not prescribed, for a service provided in accordance with its functions;

(l) To make practice directions relating to any electrical wiring work;

(m) To investigate any failure to comply with this Act or regulation and institute proceedings under this Act or regulation;

(n) To construct, alter, maintain or repair, or use the works and undertakings of the Corporation; and

(o) To hire out plant or equipment of the Corporation that is not needed immediately for use by the Corporation.

15A. Protection of lines - (1) If any tree growing on any land causes or is likely to cause damage to an electric line the General Manager may give written notice to the owner or occupier of that land to remove the tree or any part thereof and if the owner or occupier fails to comply with the notice within the time specified therein (being not less than 7 days) the General Manager may apply to the Court for an order directing such owner or occupier to remove the tree or part thereof.

(2) Where there is more than one owner or occupier of the land upon which any tree is growing service of a notice upon one of such owners or occupiers shall be deemed to be service upon all of such owners or (as the case may be) occupiers.

(3) Any application made under subsection (1) of this section shall set out the time and place of hearing and shall be served upon the person against whom the Order is sought at least seven clear days before the date of hearing of the application.

(4) On the hearing of the application the Court may make an Order requiring the person named therein to remove the tree or part thereof within such time as the Court may direct and subject to such conditions (including any conditions as to compensation or as to the costs of removal) as the Court may impose.

(5) Any person who wilfully fails to comply with an Order made under this section or who interferes with or attempts to interfere with a person attempting to comply with such Order commits an offence and upon conviction is liable to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding three months.

(6) Subject to subsection (7) of this section, where any written notice is to be given or any document is required to be served such notice shall be given or such document shall be served by personal delivery upon the person to whom the notice or document is directed.

(7) Notwithstanding the provisions of subsection (6) of this section, if it appears to the Court or a Judge thereof that either the notice or other document has come to the knowledge of the person to whom it is directed or that prompt personal service cannot be effected, the Court or a Judge may order that the General Manager be at liberty to proceed as if personal service had been effected, subject to such conditions as the Court or a Judge thinks fit to impose.

(8) The provisions of Part VIII of the Lands, Surveys and Environment Act 1989 shall not apply to this section, or to any act or thing done pursuant to this section and subsection (2) of section 94 of that Act shall be read as if it were amended accordingly.

(9) For the purposes of this section:

"Court" means the District Court;

"Judge" means a District Court Judge;

"Occupier" in relation to any land includes a person in apparent occupation of that land;

"Owner" in relation to any land includes any person having the pule in respect of that land.

16. Powers of Corporation - (1) The Corporation has power to do all things necessary or convenient to be done for or in connection with, or as incidental to, the performance of the functions under this Act.

(2) Without limiting the generality of subsection (1), the Corporation has power:

(a) To purchase freehold land;

(b) To take a lease of customary, freehold or public land;

(d) To sell, or otherwise dispose of land vested in the Corporation, but not required for the purpose of the Corporation, in accordance with Cabinet approval; and

(e) To do anything incidental to any of its powers.

(3) The Corporation may make donations not exceeding in any one year the total sum of $5,000 to and for any of the following:

(a) To the Government for the purposes of Independence Day celebrations; and

(b) To any religious, educational, charitable or sporting body, for any religious, educational, charitable or sporting purpose promoted or supported by such body.

17. Delegation of powers - (1) The Corporation may, either generally or as otherwise provided by the instrument of delegation under its common seal, delegate to a person any of its powers under this Act other than this power of delegation.

(2) A power so delegated, when exercised by the delegate, shall for the purposes of this Act, be deemed to have been exercised by the Corporation.

(3) A delegation under this section does not prevent the exercise of a power by the Corporation.

(4) A delegation under this section is revocable at the will of the Corporation.

18. Policy of Cabinet - In the exercise of its functions and powers the Corporation shall have regard to the general policy of Cabinet as communicated in writing by the Minister.

PART III
FINANCE

19. Application of profits - The Corporation, having set aside such sums from profits as may be necessary or expedient:

(a) To offset past losses;

(b) For the expansion, development or replacement of its assets; and

shall transfer the balance of such profits to the Treasury Fund for the benefit of the public revenue.

20. Liability for tax and other duties - The Corporation shall not be liable to taxation except for customs and excise duties.

21. Accounts - (1) The Corporation shall keep proper accounts and records in relation to its business, and shall prepare in respect of each financial year a statement of accounts within 6 months of the end of that financial year.

(2) The accounts of the Corporation shall include separate trading and profit and loss accounts and a balance sheet.

22. Audit - (1) The Controller and Chief Auditor with or without the assistance of another auditor, shall inspect and audit the accounts and records of financial transactions.

(2) The Controller and Chief Auditor or a person authorised by him or her is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the Corporation relating directly or indirectly to the receipts of payment of moneys by the Corporation or to the acquisition, receipt, custody or disposal of assets by the Corporation.

(3) The Controller and Chief Auditor or a person authorised by him or her may make copies of, or take extracts from, any such accounts, records, documents or papers.

(4) The Controller and Chief Auditor or a person authorised by him or her may require any person to furnish him or her with such information in the possession of the person, or to which the person has access, as the Controller and Chief Auditor or person authorised by him or her considers necessary for the purposes of this Act, and the person shall comply with the requirement.

(5) Audited copies of the annual accounts and report of the Corporation shall be laid before the Legislative Assembly by the Minister within 28 days after the receipt of a copy by him or her if the Assembly is then in session, but if not, within 28 days after the commencement of the next ensuing session.

23. Contracts by Corporation - (1) Contracts by the Corporation:

(a) Which, if made between private persons must be by deed shall, if made by the Corporation, be in writing under the common seal of the Corporation;

(b) Which, if made between private persons must be in writing signed by the parties shall, if made by the Corporation, be in writing either under the common seal of the Corporation or signed by any person on behalf of and by direction of the Corporation;

(c) Which, if made between private persons may be made orally, may, if made by the Corporation, be made orally by any person on behalf of and by direction of the Corporation.

(2) The common seal of the Corporation shall not be affixed to any document except pursuant to a resolution of the Corporation, and the execution of any documents so sealed shall be attested by 2 directors.

23A. Minister to determine an additional charge by notice-(1) The Minister may from time to time, by notice published in the Savali, determine an additional charge for the supply of electricity on such terms and conditions as determined by the Minister on the advice of the Corporation.

(2) The additional charge may only be for an amount that will compensate the Corporation for the cost to the Corporation of fuel used for the supply of electricity.

(3) The Minister may review the additional charge and consider whether the determination should be revoked.

PART IV
LICENCES

24. Licence requirement - A person shall not carry out any electrical wiring work or generate or distribute electricity unless he or she is:

(a) The holder of a licence issued by the Licensing Committee under subsection 25(3); or

(b) A person who is apprenticed to, or employed by, the holder of a licence and is working under the immediate direction and supervision of a person holding that licence.

25. Issue of licence - (1) There shall be a Licensing Committee comprising:

(a) The Minister of Works, Transport and Infrastructure who shall be the Chairperson and have the casting vote;

(b) The Chief Executive Officer of Works, Transport and Infrastructure;

(d) The Commissioner of Labour.

(2) The Licensing Committee shall be validly constituted where there is a quorum of 2, one of whom shall be the General Manager.

(3) On receipt of an application under section 26, the Licensing Committee may issue a licence to a person for the purpose of carrying out electrical wiring work or generating or distributing electricity, on such terms and conditions as it sees fit as endorsed on that licence.

(4) Where a licence is issued under subsection 25(3) by a Licensing Committee comprising fewer persons than specified in subsection (1), the issue of that licence shall be subject to the approval in writing of the Minister.

(5) The Licensing Committee may by public notice specify the minimum standards it requires before considering an application under section 26.

26. Application for licence - (1) An application, by a person for a licence to be issued under subsection 25(3) shall:

(a) Be in writing in accordance with a form made available by the Corporation;

(b) Be accompanied by a statement relating to educational qualifications;

(c) Be accompanied by a written statement specifying the applicant's experience in carrying out electrical wiring work and a report of the person under whose direction and supervision the electrical wiring work was performed by the applicant; and

(d) Be lodged with the General Manager.

(2) The General Manager shall, on receipt of the application under subsection (1), submit the application to the Licensing Committee for its consideration.

27. Notification of refusal to grant licence - Where the Licensing Committee refuses an application for a licence, it shall notify the applicant in writing of the refusal and the reasons for the refusal.

28. Grounds for cancellation or suspension of licence - (1) The Licensing Committee, by a majority opinion, may cancel or suspend a licence where:

(a) The licence was granted in error or in consequence of a false statement made, or misleading information furnished, by the holder of the licence;

(b) The holder of the licence has carried out electrical wiring work that does not comply with the regulations or any practice direction issued by the Corporation;

(c) The holder of the licence has permitted a person working under his or her direction and supervision to carry out electrical wiring work that did not comply with the regulations or any practice direction;

(d) The holder of the licence, on becoming aware that a person working under his or her direction and supervision had carried out electrical wiring work that does not comply with the regulations, did not take the necessary action to ensure that the electrical wiring work complied with these regulations or any practice direction.

(e) The holder of the licence has, or a person working under his or her direction and supervision has with his or her knowledge, furnished the General Manager, or an officer or employee of the Corporation with information with respect to the safety of an electrical installation, that is false or misleading;

(f) A term or condition of the licence has been breached;

(g) There has been a failure to comply with the Act, or regulations or practice direction; or

(h) In the opinion of the Licensing Committee there is good reason to do so.

(2) Where a licence is cancelled or suspended by a Licensing Committee comprising fewer persons than specified in subsection 25 (1), the cancellation or suspension of a licence by that Committee shall be subject to the approval in writing of the Minister.

29. Licence holder to show cause why licence should not be suspended or cancelled - The Licensing Committee may, before cancelling or suspending a licence, by notice in writing served on the holder of the licence, require the holder to show cause why his or her licence should not be cancelled or suspended.

30. Notice of suspension or cancellation - Where the Licensing Committee cancels or suspends the licence of a person under section 28, it shall cause notice of that fact and of the reasons for the cancellation or suspension, as the case may be, to be served on the holder of the licence.

31. Appeal to District Court - (1) Where a person is dissatisfied by a decision of the Licensing Committee to refuse to issue a licence under subsection 25(3) or a decision to cancel or suspend his or her licence under section 28 he or she may within 28 days after being notified in accordance with section 27 or after notice of that cancellation or suspension has been served upon him or her in accordance with section 30, as the case may be, apply to the District Court for a review of that decision.

(2) Where a person makes an application under subsection (1), the decision of the Licensing Committee in respect of which the application is made shall have effect pending the decision of the District Court Judge.

(3) A person who makes an application under subsection (1) shall cause a copy of that application to be served on the Licensing Committee.

(4) The District Court Judge may affirm, vary or set aside the decision of the Licensing Committee or make any other order as the District Court Judge sees fit.

PART V
STAFF

32. General Manager - (1) The Head of State, acting on the advice of Cabinet, may from time to time appoint a General Manager of the Corporation on such terms and conditions as he or she thinks fit.

(2) The General Manager shall, where reasonably possible, be a qualified and experienced electrical engineer and shall be the Chief Executive Officer of the Corporation.

(3) The General Manager is responsible for the control and management of the operations of the Corporation.

33. Staffing - (1) The Corporation may employ any officers and employees as it thinks necessary for the efficient performance of the functions of the Corporation.

(2) The Corporation may, where there is no General Manager, appoint a person who, where reasonably possible, is a qualified and experienced electrical engineer, to be an Acting General Manager.

(3) A person appointed as an Acting General Manager shall have the same powers, for the purposes of this Act, as if he or she were a General Manager until such time as a General Manager is appointed under section 32.

(4) All appointments, appeals, dismissals, conditions of leave, salary scales, promotions and other matters relating to the conditions of employment of persons in the service of the Corporation shall be under the jurisdiction of the Corporation.
(5) Nothing in this Act shall be construed to place any officer or employee of the Corporation within the term "service of Samoa" as defined in the Constitution of the Independent State of Samoa.

34. Powers of General Manager - (1) Subject to section 35, the General Manager or any officer of the Corporation authorised by him or her may at any reasonable time depending on the circumstances enter or cross any land to:

(a) Inspect any electrical installation whether the property of the Corporation or not;

(b) Inspect any work done by a person to whom a licence has been issued under this Act;

(d) Ascertain the quantity of electricity supplied to a consumer;

(e) Disconnect the supply of electricity:

(i) where the supply of electricity is no longer required by a consumer;

(ii) where the continuation of supply of electricity is considered by the General Manager to be hazardous to life or property; or

(iii) for any other justifiable reason determined by the General Manager;

(f) Make evaluation for development purposes;

(g) Remove any electrical installation where, in the opinion of the General Manger, its use or existence constitutes a hazard to life or property;

(h) Trim, lop or cut down any vegetation that is, in the opinion of the General Manager, hazardous to any existing or proposed electrical installation.

(2) Where a person constructs a structure which, in the opinion of the General Manager is hazardous to an existing electrical installation or likely to constitute a danger to life or property, by reason of its proximity to an existing electrical installation the General Manager may cause that structure to be dismantled or removed.

(3) The General Manager may direct a person, who, where reasonably practicable, shall be a holder of a licence issued under section 25, to inspect any electrical installation, and where necessary order additions, alterations or repairs which in his or her opinion are necessary.

(4) Where in the opinion of the General Manager, additions, alterations or repairs are necessary to any electrical installation being used for the generation, transmission, distribution or use of electricity, he or she may by notice in writing, given to either the owner of that electrical installation or the consumer of electricity:

(a) Specify the additions, alterations or repairs to be done by that owner or consumer to the electrical installation; and

(b) Specify the time by which the additions, alterations or repairs to be done by that owner or consumer are to be completed.

35. Entry onto land - For the purpose of entering upon land:

(a) To construct an electrical installation pursuant to subsection 34 (1)(c);

(b) In pursuance of subsection 34 (1)(f);

(d) To dismantle or remove a structure that in the opinion of the General Manager is hazardous in relation to a proposed electrical installation as approved by the Corporation in pursuance of its functions;

the General Manager, other than at the request or consent of the owner or occupier of the land, shall cause notice in writing of his or her intention to enter upon that land to effect the purpose as specified, to be given to the owner or occupier of the land 14 days before entry on to that land is to be effected.

36. Duty to repair - When exercising any of the powers listed in subsection 34 (1) the General Manager or person authorised by him or her may only cause such damage to property as is necessary to achieve the objective and shall where reasonably practicable repair that damage.

37. Consumer or occupier liable for damages - The owner or occupier of the land may be liable to pay the Corporation the necessary expenses incurred in the exercise of the power conferred on the General Manager or a person authorised by him or her under subsection 34(1)(g).

38. General Manager not liable for compensation - Where necessary damage is incurred in pursuance of the exercise of a power conferred on the General Manager or person authorised by him or her under subsection 34(1), the General Manager or person authorised by him or her is not liable to pay compensation to the owner or occupier of that land.

39. Ex gratia payment - Nothing in this Act precludes the Corporation from exercising its discretion to make an ex gratia payment to the owner or occupier of the land as compensation for damage suffered by that owner or occupier in respect of an exercise of power conferred on either the Corporation or General Manager by this Act.

PART VI
MISCELLANEOUS

40. Offence not to have licence - Where a person, other than a person described in subsection 24(b) performs any electrical wiring work or generates or distributes electricity without a licence or fails to comply with the terms of the licence that person is guilty of an offence and is liable to a fine not exceeding 5 penalty units or 3 years imprisonment, or both.

41. Obstruction of Corporation staff - A person who, without reasonable excuse, hinders or obstructs the General Manager or a person authorised by him or her in the exercise of a power conferred upon him or her, is guilty of an offence.

42. Destruction, etc., of electrical installation - (1) A person who destroys, obliterates, removes, damages or suffers to be damaged, any electrical installation or tampers with any electrical installation, without lawful authority, or knowingly benefits from the destruction, obliteration, removal or tampering of that electrical installation, is guilty of an offence and is liable to a fine not exceeding 5 penalty units or 3 years imprisonment, or both.

(2) Where a person is convicted of an offence under subsection (1), the Court may, in addition to imposing a penalty order him or her to pay the costs of re-establishing or replacing the electrical installation destroyed, obliterated, removed, damaged or defaced.

43. Failure to comply with notice - A person commits an offence who fails to comply with a notice in writing issued by the General Manager under subsection 34 (4).

44. False misrepresentation - A person:

(a) Who is not licensed under this Act; and

(b) Who:

(i) holds himself or herself out to have been licensed under this Act;

(ii) takes or uses the name or title of a person who has a licence under this Act; or

(iii) uses a name, title or description implying that he or she is licensed under this Act;

is guilty of an offence and is liable to a fine not exceeding 2 penalty units or 1 year imprisonment, or both.

45. Unlawful use of electricity - Where a person unlawfully directs electricity or causes electricity to be unlawfully directed, or uses electricity that is unlawfully directed, he or she is guilty of an offence and is liable to a fine not exceeding 5 penalty units or 3 years imprisonment, or both.

46. False statements in licence - A person commits an offence if in an application for a licence or in a statement accompanying that application he or she makes a statement or furnishes information that is false or misleading in a material particular.

47. General penalty - A person who commits an offence against this Act for which no penalty is provided elsewhere than in this section, shall be liable to a fine not exceeding 1 penalty unit or 6 months imprisonment, or both.

48. No claim for failure of electricity - (1) No consumer of electricity supplied or sold by the Corporation shall have a claim against the Corporation where there is an increase, diminution or discontinuance of the supply of electricity:

(a) Caused by accident, drought or other natural phenomenon or other unavoidable cause; or

(b) Caused by the Corporation in the exercise of the proper performance of its functions.

(2) Where the Corporation increases, diminishes or discontinues the supply of electricity to a consumer for a period, it shall where practicable, give public or private notice of 24 hours either orally or in writing, of any such increase, diminution or discontinuance of the supply of electricity, and of the probable duration of that period.

49. Service of Notice - (1) The service on a person of a notice or application under this Act shall be deemed to have been duly effected if the notice:

(a) Is delivered to him or her personally;

(b) Is posted in a prepaid letter addressed to him or her at his or her place of residence or business address; or

(c) Is delivered to his or her place of residence or his or her business address to a person apparently residing at that place or address and apparently not less than 16 years of age.

(2) Where a notice is posted to a person in accordance with subsection (1) (b), the notice shall, in the absence of proof to the contrary, be deemed to have been served on him or her at the time at which, in the ordinary course of post, the letter containing the notice would have been delivered.

50. Deeming of evidence - In any proceedings in evidence and certified by the General Manager as purporting to be:

(a) A practice direction issued by the Corporation;

(b) A true copy of a licence issued under subsection 25 (3);

(d) A statement of a resolution of the Corporation,-

shall be presumed, unless proved to the contrary, to be evidence of both the fact and the contents of the document.

51. Regulations - (1) The Head of State, acting on the advice of Cabinet, may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act, to be prescribed, or necessary or convenient to be prescribed for the carrying out or giving effect to this Act.

(2) Without limiting the general power conferred by subsection (1), regulations may be made for any of the following purposes:

(a) Prescribing procedures of meetings of the Corporation;

(b) Prescribing the conditions of employment of persons in the service of the Corporation;

(d) Prescribing conditions relating to the construction, installation, maintenance, use, management, inspection, and testing of electrical installations and instruments, materials, appliances, apparatus, accessories and equipment used or intended to be used in the construction, installation, maintenance or use of electrical installations;

(e) Prescribing conditions and standards relating to the manufacture, importation, sale and use of materials, appliances, apparatus, accessories, devices, instruments or other equipment used or intended to be used in the transmission and conduct of electricity;

(f) Prescribing fees to be paid in connection with any function specified by the Act or regulations;

(g) Imposing fines not exceeding 1 penalty unit for the breach of any regulation;

(h) Prescribing the charges made for the supply of electrical energy;

(i) Prescribing the method of payment of an account to the Corporation; and

(j) Prescribing the terms and conditions by which a consumer may have his or her supply of electricity connected, disconnected or reconnected.

52. Repeal and savings - (1) The enactments specified in the Schedule are repealed.

(2) Upon the commencement date of this Act, any matter or proceeding pending or in progress under an enactment specified in the Schedule, may, by virtue of this subsection be continued, compelled or enforced as if the enactment was still in existence.

(3) An arrangement or contract entered into by or on behalf of the Electric Power Corporation as a party and in force immediately before the commencement date of this Act continues in force, notwithstanding the repeal of the enactments specified in the Schedule.

(4) A person who was immediately before the commencement of this Act, appointed to the office of Manager in the Electric Power Corporation established under the Electric Power Corporation Act 1972 continues by force of this subsection to hold office as if he or she had been appointed as General Manager under this Act and holds office for the remainder of the period applicable to this appointment that existed immediately before the commencement of this Act.

(5) A person who was either an officer or an employee of the Electric Power Corporation established under the Electric Power Corporation Act 1972 immediately before the commencement of this Act, continues by force of this subsection to be an employee or officer of the Corporation as if an officer or employee under this Act subject to those terms and conditions that applied to him or her immediately before the commencement of this Act.

SCHEDULE

Subsection 52 (1)

Enactment No.

Title

20, 1972 The Electric Power Corporation Act 1972.
12, 1950 The Electric Lines Ordinance 1950.

REVISION NOTES 1997

Section 6: Repealed by section 4 of the 1986 No. Amendment Act.

Section5(b) and (d): Amended by section 2 of the 1981 No.2 Amendment Act.

Section 5(e): "at pleasure" was added by section 5 of the 1986 No. Amendment Act.

Section 8 (2): Substituted by section 3 of 1981 No.2 Amendment Act.

Section 15A: was added by section 2 of the 1992/1993 No.22 Amendment Act.

Subsection 16 (3): was added by 1989 No. Amendment Act.

Section 20: was substituted by section 2 of 1984 No.10 Amendment Act.

REVISION NOTES 2008

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –

(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.

(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998.

(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.

(e) Amendments have been made to up-date references to offices, officers and statutes.

(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General.

The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint 1978-1996 –

By the Membership of Statutory Boards and Authorities Act 2001 (No. 9) -

Section 5(1) Amendments were made to the Membership of Corporation – "7" became "8", "Director of Works" in paragraph (b) became "General Manager", and "(f) The Director of Works." was inserted after paragraph (e).

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2007. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by Leilani Pereira-Moeono
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo
(Parliamentary Counsel)

REVISION NOTES 2008 No. 2

This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The commencement date is inserted under the Attorney Generals powers in the same Act.

The following amendment has been made to the Act to incorporate amendments made by Act of Parliament passed since the publication of the Consolidated and Revised Statutes of Samoa 2007 –

Section 23a A new section has been added after section 23 by section 4 of the Miscellaneous Fees Amendment Act 2008.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2008. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel).

REVISION NOTES 2009

There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2009. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act.

Revised and consolidated by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel).

The Electric Power Corporation Act 1980 is administered by the Ministry of Works, Transport and Infrastructure.

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