Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698071404617.pdf (Guyana)
81 PARLIAMENT OFFICE, Public Buildings, Georgetown, Guyana, 12th February, 1981.

The following Bill which will be introduced information.

is published for general in the National Assembly F., A. Narain, Clerk of the National Assembly .

• GUYANA BILL No.

1 of 1981 ENERGY BILL ARRANGEMENT OF SECTIONS PART I SHORT TITLE AND INTERPRETATION Section 1.

Short title and commencement.

2.

In 2 PART II 3.

4.

5.

6.

7.

8.

9.

10.

11.

12. of the Chairman and responsibility of the staff of the Authority.
of the Authority.

of the Authority THE GUYANA NATIONAL ENERGY AUTHORITY Establishment Constitution Salary and expenses.

Employment Expe�.

Rules.

Advisory Power to compel information.

Preservation Responsibility tion.

Authority Relations undertaking other tasks assigned with the Council.

s of the Authority.

with subsidiary of monitoring compliance of secrecy.

function by the Minister.

legisla­ 13.

14.

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

and Vice-Chairman.

15.


Establishment 16.

Chairman 17.

Expenses.

18.

Secretary 19.

Meetings 20.

Duties 21.Preservatio of the Council.

n of secrecy.

and other employees.

and procedure.

PART IV POWERS OF THE MINISTER 22.

Powers under this Act.

23.

Powers under any oth�r written law.

24.Provisions relating to subsidiary legislation PARTV 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 Authorit y.

A BILL Intituled AN ACT to make provision of and use of energy.

with respect to the nation's resources nacted by the Parliament of Guyana :­ A.J).

il.981 PART I SHORT TITLE AND INTEUPRf:TATIO 1.

This Act may be cited as the Energy Act 1981 and Sborit ,twe may :c::e �1.

on such date as the Minister shall come into operation appoint by order.

2.

In this Act - lmer­ pretMion.


means the Guyana National Energy "Authority" Authority "Council" lished "energy'' "plant'' established by section means the Energy Advisory by section 15; includes power and fuel; means fixtures, used in any industrial implements 3; Council estab­ "vehicle" process; means every descriptio pelled by means of a mechanism within constructed use on a road or not, and includes traction steam roller engine, whether itself contained or adapted for a steam and an aircraft.
n of vehicle pro­ or macpinery PART II THE GUYANA NATIONAL ENERGY AUTHORITY 3.

(1) There is hereby established the Guyana National 1atlbus11- ment ot 41athorlty.

111 nergy Authority .

(2)The Authority in relation in the discharg to the contents made by it to the Minister, subject shall be, except mendation Wrectio of the · · r� of a repart or recom­ to the control and e of its functions ct�tttution.

4.

(1) lu.

'11hoer11ty .

members �'i1t� Chairman.

� e 0'!


:i1; member to be Chairman by the Minister, and one member to be Vice-Chairman.
who shall appoint one The Authority to be appointed shall consist of not more than five (2)The Chairman of the Authority and, subject the Authority, Authority, in a_ccordance established with the general by the Authority including to the general shall be· the chief executive officer decisions policy of for the management of the and discipline terms and conditions of service of the staff the organisatiOfJl shall be responsible with the approval of the Minister.
(3)If the Chairman is absent the Vice-Chairman or is unable to act or if the shall have and may dis­ office is vacant, charge the functions of the Chairman.

{4) The Minister that effect to a member, ber of the Authority.

may a.t any time, by written terminate to of a mem- the appointment notice (5)A member of the Authority may at any time resign to that effect to the Mimster.

• notice by written an!

Salar,y expehses.

5.


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

6. .

The Authority, Employment or rtlh.e may employ at such remuneration sta.i:r of !

(he d"ti 't th" k fit (' 1 d" th t Authol'i�Y.


con 1 ons as 1 m s me u mg e paymen of pensions, and other like benefits by reference a Secretary of the Minister, · gratuities its officers and other · employees) officers and employees) to the service �nd such other and on such other terms and with the approval as the Authority may require of .

Experts.

7.
Experts.

7.

The Authority may, at any time, retain persons and other professional relevant knowledge and responsibilities of experts having specialised functions remuneration approval in respect of the Minister, thereof may determine.

and may pay such persons such , with the as the Authority (including the services consultants) to the Authority's Rwes.

8.
8.

(1) The Authority may make rules respecting -' (a)the sittings (b)the appointment of the Authority; of the work of the Authority among its membeTS; and (c) generally Authority for the can-ying on of the work of the , the management of its internal affairs and the duties subject to the provisions of its officers and other employees, of section 4(2).

(2)Notwithstanding section General Clauses Act rules made to be published required in the Gazette.

21 of the Interpretation are not cap.


2, 01 under this section and 9.

(1) The Authority shall study and keep under review to the exploration for, produttion, Advisory ��llj(l !���o�­ recovery, sale, pur-•· distribution, of energy of energy and sources transportation, shall report thereon to the Minister relating matters processing, transmission, and disposal chase, exchange within and outside Guyana, and shall recommend siders vision, and sources necessary conservation, of energ,y.
or in the public interest to the Minister such measures as it con- for the control, super- of energy and development use, marketing (2)The Authority shall, at the request of the Minister, studies of energy, including and reports on any matter relating research into alternativ of such research, prepare or sources of energy, :recommend as it considers desirable other agencies lating or the application to the Minister in or outside to energy and sources for co-operation Guyana in respect of energy.
to energy e sources and shall with governmental or the making of such arrangements of matters re­ (3)In the discharg e of its functions the Authority the Government information and advice.

shall, wherever appropriate, to obtain technical, economic under this section agencies utilise of and statistical (4)Studies and reports of the Authority section may be made public with the approval made under this of the Minister.

may require any producer, importer, Power ,Lo 10.


The Authority , processor, or consumer distributor energy to provide distribution, importation, energy or source of energy that the Authority sary for the discharg of energy or source of �r��,uon.

respect of his production, of that or ronsumption neces- considers any information in e of its functions processing under this Act.

11.
11.

(1) Except for the purpose of the discharge of his Pre.s�IVllition or when lawfully functions under the provisions employee which he has acquired in the discharge of the Authority of any law, a required shall not disclose any informatio,n o his functions.

to do so by any court or or Secr�y.


member or officer or other 6 (2)Any person who fails required when lawfully the provisions of subsection on summary conviction or neglects any in­ to provide 10 or to do so under section (1) of this section shall to a fine of one thousand formation contravenes be liable dollars and to imprisonment fqr six months.

Re:�ponslbiliLy 12.

The Authority of ,rnonill'Or- ing coffiil)li-monitoring, ;�1Jr!�� Minist�r .

·on, compliance_ under section 1u.on.


the M1ruster and of submitting 22 or 23.

1eg;51a regular with the subsidiary reports made by legislation periodic of to the shall have the responsibility AuthoM?· �i��111ia�i related :hssigrd ' e in,s 13.

The Authority shall undertak to energy management as may be assigned e such other activities to it by· the prejudice to the generality the dissemination including and utilisation Without t IJ?·YMinister.
e, · such tasks may include to energy management development and als'o the formulation energy-relate periodic The Authority on any such activities of alternative or implementation d projects.

to the Minister energy conservation and the of energy sources or monitoring shall submit regular reports of of the foregotng, .

of information related !Y��lli:!

14.

(1) T.he Authority council.


upon which it proposes may refer to the Council to advise - for the comments of the Council shall refer a matter to the Council if so directed (2)The Authority thereon for by the M�niste:r. or to report to .

the Minister, thereon.

its comments any matter I 'j PART III THE ENERGY ADVISORY COUNCIL 1::SltabU&tl­ mem and constitu!t:ion O!

rt.he Council.

'Council.

15.

(1) There is hereby established the .


�nergy Ad".isory shall consist for each organisation, of persons nominated, on the by the Minister, of those organisations, by· the organisations to repre­ and such and approved interests if any, from the · Private Sector as the Minister,, (2)The Council basis ·of one nominee listed in the Schedule, sent the respective other persons, in his discretion, (3)The Minister may appoint.

may, by order, • · · , , amend the SC'hedule.


.. ,9(,t�·� ' I • I ' Cllaii!11lla.n and Vlce­ Chait'man, Council 16.

(1) The Minister to be Chairman .on�.

,µi.e;n:i,R�r , to .be, Vic�-C��irmah.

(2)If the Chairman is absent or i's 'unable to act 6r, if, shall have and may dis­ ,sJ:i.all a_p�i�t and on� meilip�r the Vice-Chairman the office is vacant, cha,rge the functions of the Chairman.
7 (3)The provisions of section 4(4) and (5) s,hall mutatis mutandis member of the Authority apply to a member of the Council .

as they apply to a ' ., 17.

A member of the Council by the Minister.

rates determined shall be paid expenses at Expenses.

also of the Counc1 .

18.

(1) The Secretary .

, 'I (2)The Chairman of the Authority shall be Secretary � I , I , &ecreba.11y and o'.hltJer ,uptoyees.

of the .
of the .

Autlilority sh�ll ,make available to the 'Council facilities of the functions the services of such other staff and such other as are necessary for the proper and efficient discharge of the Council.

19.

The Council the proper discharge ever directed thority may regulate and, subject by the Minister or by,,the Chairman to the appT,oval of \he Min�ster, · · · '., ) its own procedure.
of the Au- t1'e Council shall meet whenever necessary to ensure Meeting& and of its functions under this Act or when-pr,o1ce du,re.

• • •I ' 20.

The Council of any matter referred matter expeditiously and comments the opinions to it by· the Authority, and communicate to of t)le Council as.

.soon as possible thereon.

thP Authority shall,.

after receipt of .

consider the th" council 1D.u1t1es in writing I • ' � 21.
The provisions of section apply to the members of the ·Council and to• the officers and Olf seC'l"ecy.

other employees members, 18 as they apply·•to officers or other employees of the Authority.

-11 shall mutatis to in section referred I ' mutandis·11resew.a,1on PAR;r I,V.

; I,, POWERS OF THE MINISTER 22.

(1) The Minister g• measures may) for the purpose calculated implementin Guyana with regard to energy and sources regulations: and Po:e rs of formulating :fci.er 15 th.
to improve the situation in make of energy, (a)regulating.

acquisition or 'prohibiting or use of energy or sour�es (b) respecting efficiency technical equipment, appliances or produ��, e��r�; , ·i ,,, •• 1 .
.. the· production·, supp)y, of energy; of plant, that consume and vehicles standards (c)prohibiting or restricting appliances equipment, comply with a prescribed and vehicles that do not th·e import of plant, technical efficiency in 8 or production, is inappropriate respect or of energy consumption use a type of fuel which, in the opinion Minister, of energy conservation of alterna­ tive sources (d)respecting guideline and distribution and for technical of energy; technical standards, procedures processing of energy, in the context ·or the utilisation of energy and sources s for the storage, production, employed persons therein; of the and (e)respecting incentives, financial or otherwise, for and utilisation of alternative to an the conversion of energy including ' the development sources source alternative appliances, vehicles thereof or of or for the modification machinery building' s for the purpose of reducing consumption; of energy of plant, equipment, energy or other energy-consuming (f)generally visions for carrying of this Act.
made under this section (2)Regulations Assembly.

resolution of the National and pro­ out the purposes are.

subject to negative r Powers 23(1) 'l'he :, irrLt.ten ia,w.

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

of the transferre made by the Minister d power.


under a to nega­ is subject Provisions r·eliaitlng to �ldiilair'v l•flslaUion.

24.
(1) Subsidiary of a power under section 23 - legislation made by the Minister in exereise 22 or transferred to him under section (a)may be made so as to apply or operate throughout Guyana or a specified part thereof; 9 (b) may be made to operate for any time, period or occasion specified therein; (c) may be of general operation to times, places, circumstances, restrictions specified therein; or limited according conditions or (d)may be made so as to apply either to persons �r s generally or to any particular person or under­ or class of persons undertaking or undertaking taking; (e)may provide for the empowering of a person or specified therein to make regulations, authority rules or orders for which the subsidiary legislation to be made; and or give directions is authorised for any purpose (f) may p�vide for a penalty for the contravention thereof prisonment for three months.
of a fine of one thousand and im­ dollars (2)This section the written law in which a under section aa is contained.

applies notwithstanding of the provisions to The Minister power transferred 25.The Authority a bank account.

����unt.

PART V GENERAL may keep and operate 26.

The Authority may keep and operate a bank account.

l'unds anct nsour,c;es of the Alu:thw!i�.


· t f · COnSIS O - (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 p,roperty that may in any manner become payable to or vested respect of any matter duties.

incidental to its powers and in the Authority in 27.All expenditure for the purposes, of this Act shall be EXipeMi1ture .

paid out of the funds of the Authorlty.

28.


(1) The Authority the receipt shall keep a<:counts of moneys under section of its transactions, 26. including iA,Ccounts and audit.

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

10 (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 subsection of the Authority tion as may be within of the Authority.

officers and employees or the auditor General (3) access to all books, documents, of the Authority under appointed and shall give him on request their knowledge in relation ,cash and securities all such informa­ to the operation se.cond.ment oT 1trans(er M ofNcers to !the 11\iu�oimtw -c:alP'.

27 02.

29.
27 02.

29.

(1) Where a public officer is seconded transferred from a pensionable Pens,ions Act to an office with the Authority Act shall apply to him as if his services office.

service of the the meaning 5 of that section were with the Authority office within in a public or temporarily (2)Where a public officer is appointed to an office with the Authority, within service appU.cable visions Pensions his service with the meaning of, and for the purpose of such pro­ in, the as are contained 1957).
Regulations Act {including the Authority shall be other public in relation thereto the Pensions s (1) and (2) shall, (3)Subsection as they apply in relation to a public to whom the Teachers' by the Authority.

officer, apply mutatis mutandis Act applies Pension in relation to a teacher and who is employed Cap.

39 05 Section 15 SCHEDULE ORGANISATIONS REPRESENTED ADVISORY COUNCIL ON THE ENERGY Protection.

State Planning, Commission.

Bank of Guyana.

Ministry of Trade and Consumer Guyana State Corporation.
Guyana Sugar Corporation.

Guyana Electricity Corporation.

Upper Mazaruni Development Guyana Consumers National , Research Science Guyana Association Association.

Council.

Engineers.

of Professional Authority.

Association.

Hl.

Chamber of Commerce.

Trades Union Congress.

Guyana Mining Enterprise.

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

and Developmen t Association.

EXPLANATORY MEMORANDUM This Bill seeks to establish a National Advisory research be undertaken Council into energy conservation by the Authority.
and to institute Energy Authority procedures whereby and alternative sources and of energy can and an Energy investigations The main responsibilities will lie upon the National will be assisted by advice obtained Energy Authority, from an Energy which will ,comprise representatives of both consumers but the Authority Advisory Council and suppliers of energy.
The recommendations and advice of the National and on advice obtained based on its own research Advisory Council, Authority will be implemented d by the Minister.

as directe Energy Authority, from the Energy and by the by the Minister Powers under other Acts relating to energy may be trans£ Minister thereby centralising the implementation erred to the of energy policy.

Minister .

H. 0.

Jack.

of Energy and Mines.

(Bill o.1/1981)