Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698071392279.pdf (Guyana)
GUYANA ACT No.

2 of 1981 ENERGY ACT 19 Bl ARRANGEMENT OF SECTIONS 6 April, 1 981 � L .. S. u� Pres� nt.

PART I SHORT TITLE AND INTERPRETATION Section 1.

Short title and commencement.

2.

Interpretation.

12 No.

2J 2 THE LAiYS OF GUY ANA [A.D. 1981 PART II of the Author ty and responsibility of the Chairman L ENERGY AUfflORITY and expenses.

of the A rity.

THE GUYANA NA � Establishment Constitution Salary Employment of tbtlliitaff of the Authority.

Experts. '

Rules.
Experts. '

Rules.

Advisory Power to compel information.

PreseTVation of secrecy.

Responsibility tion.

Authority Relations undertaking with the Council.

of mo1�oring functions of the Authority.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

complianr.

:e with subsidiary legisla­ other tasks assigned by the Minister.

PART Ill THE ENERGY ADVISORY COUNCIL and constitution of the Council.

and Vice-Chairman.

15.

EstalJlishment 16.

Chairman 17.

Expenses.

18.

Secretary 19.

Meetings 20.


Duties of secrecy.

21.

Preservation of the Council.

and other employee�.

and procedure.

PART IV POWERS OF THE MINISTER 22.

Powers under this Act.

23.

Powers under any other written 24.Provisions relating to subsidiary law.

Iegisfo.tion PART V GENERAL 25.Bank Account.

26.

Fund and resources 27.

Expenditure.

28.Accounts and Audit.

29.

Secondment SCHEDULE of the Authority.

or transfer of officers to the Authority.


A.D. 19811 ENERGY -·-�--�--·-�--- - [No.

2 ---- 3 13 AN ACT Intituled AN ACT to make provision of and use of energy.

with respect to the nation's resources Enacted by the Parliament of Guyana :­ A.D. 1981 PART I SHORT TITLE AND INTEitPlt.ETATION l. This Act may be cited as the Energy Act 1981 and �lld'lt ttue shall come into operation appoint by order.

on such date as the Minister may ��t 2.

In this Act - lnter­ preta>tion.
Energy means the Guyana National y establishe "Authority" Authorit "Council" lished "energy" ''plant'' d by section means the Energy Advisory by section include 3; Council means fixtures, used in any industrial implements process; s power and fuel; 15; estab­ or machinery means every description pro­ by means of a mechanism constructed itself "vehicle" pelled within use on a road or not, and includes traction steam roller or adapted a steam of vehicle whether engine, contained for and an aircraft.
PART II THE GUYANA NATIONAL ENERGY AUTHORITY 3.

(1) There is hereby established the Guyana National Bstaolish- the ::ttoJfy Energy Authority.

(2)The Authority shall be, except in relation mendation direction made by it to the Minister, of the Minister.

in the discharg to the contents subject of a report or recom­ to the control and e of its functions No.

21 THE LAWS OF GUY ANA [A.D. 1981 4 cr°'1�1tutlon 4.

(1) The Authority e �m1; illltho rtiy .


e�o�� members to be appointed by the Minister, member to be Chairman shall consist of not more than five one who shall appoint and one member to be Vice-Chairman.

1; Ch11lrman.

(2)The Chairman and, subject of the Authority the Authority, Authority, in accordance established with the general by the Authority shall be responsible the organisat including ion and discipline terms and conditions of the staff of service with the approval of the Minister.
shall be the chief executive officer decisions policy of of the for the management to the general (3) If the Chairman office is vacant, charge the functions the Vice-Chairman of the Chairman.

is absent or is unable to act or if the shall have and may dis- (4)The Minister may at any time, by written notice to that effect to a member, terminate ber of the Authority.

of a mem­ the appointment (5)A member of the Authority may at any time resign by written notice to that effect to the Minister.
sa1ar.y expenees.

an1 5.

A member of the Authority shall be paid a salary and expenses at rates determined by the Minister.

Employment 6.

The Authority, �:BlfreOf 1\hemay .e!Ilploy Authori1ty_ cond1t10n a� sue� remun�ration_ s as 1t thmks fit (mcludmg and on such other terms.

and by reference to the service of gratuities its officers and other employees) a Secretary and such other officers and employees and other like benefits as the Authority may require.
with the approval the payment of pens10ns, of the Minister, Experu.

7.

The Authority may, at any time, retain of experts and other professional having specialised functions remuneration approval and responsibilitie thereof may determine.

of the Minister, knowledge in respect s and may pay such persons such with the as the Authority, persons (including relevant to the Authority's the services consultants) Rules.

8.
8.

(1) The Authority may make rules respecting s of the Authority; - (a)the sitting (b)the apportionment and among its members; of the work of the Authority (c)generally Authority, for the carrying the management on of the work of the of its internal affairs A.D. 19811 ENERGY [No.

2 5 15 and the duties subject to the provisions of section 4(2).

of its officers and other employees, (2)Notwithstanding section 21 of the Interpretation General required Clauses to be published in the Gazette.
Act rules made under this section are and not cap.

2,01 el t 9.

(1) The Authority th l t· f od t· transportation, shall study and keep under review .

mg to e exp ora 10n or, pr uc 10n, recovery matters r a processing, transmission, and disposal chase, exchange within shall report Guyana, and shall recommend to the Minister siders vision, and sources of energy.

sale, pur-ft>'.
sale, pur-ft>'.

of energy to the Minister as it con- necessary conservation, for the control, super- of energy of energy and sources and development distribution, use, marketing such measures or in the public and ·outside interest thereon Mvisory fuirotlons of , il'm!
Author- studies (2)The Authority shall, at the request and reports on any matter relating research prepare or sources of energy, or the application of such research, of energy, recommend to the Minister as it considers desirable other agencies lating in or outside to energy and sources Guyana in respect of energy.
to energy into alternative and shall with governmental of matters for co-operation the making of such arrangements of the Minister, including sources or re­ (3)In the discharge shall, wherever of its functions appropriate, economic under this section agencies utilise of and statistical to obtain technical, the Authority the Government information and advice.

section (4)Studies and reports may be made public of the Authority with the approval made under this of the Minister .
10.The Authority may require or consumer d. trib t lS U or, processor, energy to prnvide importation, distribution, energy or source of energy that the Authority sary for the discharge any information of its functions of his production, of that or consumption nece:::- considers processing under this Act.

in respect any producer, O energy or source f importer, Power to f com!l)el O information.

11.

(1) Except for the purpose or when lawfully required of the discharge to do so by any court or Of secrecy.
of his Preserva,twr, functions under the provisions employee which he has acquired of any law, a member or officer or other of the Authority shall not disclose any information in the discharge of his functions.

No.

21 THE LAWS OF GUY ANA [A.D. 1981 6 (21 Any person who fails or neglects any in­ to provide to do so under section 10 or when lawfully required the provisions of subsection shall (1) of this .
:,c2tion to a tine ot one thousand on summary conviction formation contravenes be liable dollars and to imprisonment for six months.

12.

The Authority shall have the responsibility Responsibility of ,m,01ll!tor­ ing com,pli­ ance wl1th subsidiiary le,gic::l monitoring, Minister on, compliance under section the Minister a1t1 or1.

22 or 2'::l. and of submitting periodic with the subsidiar_v reports to the legislation regular made by of th0 Mi�,, Autiiurns 13.
The Authoi-ity ,�t���rt���l1,; related management to energy assigned byMinister.

prejudice Without shali undertak as may be assigned e such other activities to it by the "r. SUCh tasks may include to the generality the dissemination including and utilisation Of information energy conservation of energy sources to energy management development and also the formulatio energy-related periodic of alternative n or implementation projects.
The Authority on any such activities or monitoring shall submit regular related and the t0 the Minister.

reports of tile foregoing, of 1,e1awou, with the councn.

upon which it proposes 14.

(1) The Authority mar refer to the Council to advise of the Council or to report thereon.

any matter to the Minister, for the comments - (2)The Authority thereon its comments shall refer a matter to the Council for if so directed by the Minister.

PART III COUNCIL THE ENERGY ADVISORY the Energy .\dvisory 15.
(1) There is hereby established l.stabll;;.lJ ment and eoo�titution of ,the Council Council.

of persons in the Schedule, shall consist for each organisation, (2) The Council basis of one nominee listed sent the respective interests other persons.

in his discretion, (3)The Minister by the Minister, of those organisations, by the organisations to repre­ and such as the Minister, if any, from the Private amend the Sehedule.

may appoint.
may appoint.

nominated, and approved may, by order, Sector en the Chairman and Vice­ Ch:.1irm]ll 16.

(1) The Minister shall appoint one member of the Council to be Chairman and one member to be Vice-Chairman (2)If the Chairman is absent the office is vacant, charge the function the Vice-Chairman s of the Chairman.

shall have and may dis­ .

or is unable to act or if A.D. 1981] ENERGY 7 17 [No.
2 (3)The provisions of section 4(4) and (5) $.all mutatis mutandls apply to a member of the Council member of the Authority .

as they apply to a 17.

A member of the Council by the Minister.

rates determined shall be paid expenses at Expenses 18.
(1) The Secretary of the Authority shall be Secretary secreta,ey and ohlller employees «:WN O e oun , �1"� f th C cil (2)The Chairman of the Authority shall make available the services of such other staff and such other as are necessary for the proper and efficient discharge to the Council facilities of the functions of the Council.

19.

The Council the proper discharge ever directed thority and, subject to the approval may regulate its own procedure.
by the Minister shall meet whenever necessary to ensure :Meetings and of its functions under this Act or when-p,r,ooed,wre.

or by the Chairman of the Au- of the Minister, the Council 20.

The Council shall, of any matter referred to it by the Authority, matter expeditiously the opinions and communicate and comments of the Council thereon.

to thP Authority in writing as soon as possible after receipt nt11t1es of .

consider the the counc,1.

21.


The provisions mutandls �Vlaltton of section apply to the members of the Council and to the officers and of S8Cll."8Cy.

other employees referred to in section 18 as they apply to members, officers or other employees of the Authority.

11 shall mutatis PART IV POWERS OF fflE MINISTER 22.
(1) The Minister measures may, for the purpose calculated thl s to improve the situation and 1P0:61"s of formulating in �-er implementing' Guyana with regard to energy and sources regulations: of energy, make (a)regulating acquisition or prohibiting or use of energy or sources the production, supply, of energy; (b)respecting equipment, or produce energy; technical efficiency appliances and vehicles standards of plant, that consume (c)prohibiting equipment, :omply with a prescribed or restricting appliances and vehicles that do not in technkal efficiency the import of plant, 18 No.
21 L'HE LAWS OF GUYANA [A.O.
1981 8 of energy consumption respect use a type of fuel which, in the opinion of the Minister, energy conservation tive sources is inappropriate or 11�e utilisation of alterna­ or production, or in the context of of energy; ing technical (d)respect s for the storage, guideline and distribution persons and for technical of energy and sources employed therein; processing of energy, standards, procedures production, and incentives, of energy including or otherwise, for financial nt and utilisation of alternative the conversio (e)respecting the developme sources source alternative or other energy-consuming appliances, vehicles or of thereof machinery or for the modification energy building's for the purpose of reducing consumption; of energy of plant, equipment, n to an (f)generally visions for carrying of this Act.
(2)Regulations made under this section resolution .

of the National Assembly negative out the purposes and pro­ are subject to Powers 23(1) The President g��r any exercisable written law, other written by any other Minister in so far as law shall, may, by order, of energy, or sources cised exclusively of this Act.
visions be transferred by him for carrying or other authority under any that power relates to the Minister out the purposes to be exer­ and pro­ to energy declare that any power (2)Where an order transferring a power is made under or other authority (1) any subsidiary legislation subsection Minister and in force at the time of the transfer until amended, repealed made by the Minister from whom the power is transferred in force shall continue or replaced by subsidiary legislation of the transferred power.
under a made by the Minister to nega, in exercise legislation to him under this section (3)Subsidiary made by any other is subject power transferred tive resolution of the National Assembly.

24.

(1) Subsidiary Pr<JVisions rela,ting to of a power under section 6ubsidLa-rv 23 - �egisla.tion.

legislation made by the Minister in exercise 22 or transferred to him under section (a)may be made so as to apply or operate throughout Guyana or a specified part thereof; A.D. 1981) ENERGY 9 19 [No.
2 (b) may be made to operate therein; occasion specified (c)may be of general operation for any time, period or (d)may be made so as to apply either circumstan therein; to times, places, or restrictions specified to persons or person or to any particular or under­ undertakings generally or undertaking or class of persons taking; or limited according ces, conditions (e)may provide for the empowering of a person or specified therein authority rules or orders for which the subsidiary to be made; and (f) may provide for a l)'analty to make regulations, or give directions for any purpose legislation is authorised for the contravention and im­ dollars thereof of a fine of one thousand prisonment for three months.
(2)This section applies the written law in which a power transferred under section 23 is contained.

notwithstanding of the provisions to the Minister 25.

The Authority a bank account.

!��!unt.

PART V GENER.AL may keep and operate 26.

The funds and resources of the Authority shall consist Funds and resou.r,c1es ,of !

'he Al.!Vholito/.
'he Al.!Vholito/.

f 0 - (a)such monies as may from time to time be voted by Parliament for the purposes of this Act; and (b) all other sums or property that may in any manner become payable respect duties.

of any matter incidental to or vested in the Authority in to its powers and 27.

All expenditure for the P.urposes of this Act shall be Expendi,ture.

paid out of the funds of the Authonty.

28.

(1) The Authority including the receipt shall keep accounts of moneys under section of its transactions, 26.
Accounts and audit.

(2)All books of account kept by the Authority shall be to examination and audit at any time by the Auditor subject General.

?

r ""j No.

2] 10 THE LAIVS OF GUY ANA [AD.

1981 (3)The accounts of the Authority appointed by the Authority shall be audited annual­ of with the approval ly by an auditor the Minister.

(4)The members, shall grant to the Auditor General subsection to all books, (31 access of the Authority tion as may be within of the Authority.
officers and employees or the auditor documents, cash and sernrities of the Authority under appointed and shall give him on request their knowledge in relation all such informa­ to the operation Se,cond.1ncr11 or 1tJransfer of officer:-: to the AU1tfrlm;it\ Cai>.

27.02 29.

(1) Where a pu;;lic officer is seconded or temporarily from a pensionable transferred Pensions Act shall apply to him as if his ser,,[ces service Act to an office with the Authoritv the meaning.
of the 5 of that section were with· the Authority office within in a public office.

(2)Where a public officer is c:ppointed to an office with his service within the meaning the Authority, service visions applicable Pensions Act (including with the Authority shall he other public of such pro­ in, the as are contained of, and for the purpose Regulations 1957).

in relation thereto the Pensions (1) and (2) 3hall, (3)Subsections to a public to whom the �eachers' by the Authority.
officer, apply mutati<; Pension mutandis Act aprilies as they apply in relation to a teacher and who is employed in relation Cap 39 05 Section 15 SCHEDULE ORGA�ISATIONS REPRESENTED ADVISORY COUNCIL ON THE ENERGY Protedion Commission.

State Planning Bank of Guyana.

Ministry of Trade and Consumer Guyana State Corporation.

Guyana Sugar Corporation.

Guyana Electricity Upper Mazaruni Guyana Consumers National Science Guyana Association Development Corporation.

Authority.

Association.

Research Council.


Engineers of Professional AD.

1981] ENERGY [No .. 2 11 Association.

Chamber of Commerce.

of Commerce.

Trades Union Congress.

Guyana Mining Enterprise.

Guyana Manufacturers Georgetown Linden Chamber Berbice Chamber of Commerce Shell Antilles & Guiana.s Ltd. Oil S.A. Ltd. Esso Standard Ltd. Texaco West Indies Guyana Oil Company Ltd. Institute of Applied Science and Technology.

and Development Association.

Passed by the National Assembly on the 27th March.


1981 Clerk of the �ational Assembly.

�� F.1 A. Narain, (Bill No.

1/1981)