Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694869526059.pdf (Guyana)
Published 011 the 18th day of May, 1957.

92 BRITISH GUIANA -.

No.

8 of 1957. '

,.

REGULATIONS THE HYDRO-ELECTRIC POWER ORDINANCE, 1956, UNDER SECTION 23 OF THE HYDRO-ELECTRIC POWER (No.

48 of 1956).

Short ti tie.

ORDINANCE, 1956, THE FOLLOWING REGULATIONS HAVE BEEN MADE BY THE GOVERNOR IN COUNCIL:- 1.These Regulations may be cited as the Hydro-electric Power Regulations, 1957.

2.

(1) In these Regulations, unless the context otherwise In terpreta• tion.
- requires "applicant" tion for a licence means any person who has filed an applica­ under these Regulations; "final licence" means a licence 22 of these Regulations, the lawful holder of a "final licence"; and "final issued under regulation means licensee" "initial development" means such portion of the de­ velopment interim licence before a final licence of the undertakin g as is specified in the as being required to be completed "interim licence" means a licence may be issued; issued in • • 11 of these Regu­ means the lawful accordance with the provisions lations, and "interim holder of an interim of regulation licensee" licence; means the Hydro-electric Power Ordi­ "Ordinance" nance; 1956.
No.

48 of 1955.

(2)Expressions in these Regulations other than those have the same specified in subregulation respective meanings as in the Ordinance.

(1) of this regulation Survey Permit.

SURVEY PERMIT 3.

(1) Any person desirous of applying for a licence cal energy may apply to the Commissioner store or use the waters of any river for the purpose electri permit empowering the purpose necessary tion, but for no other purpose, such person a survey permit as aforesaid.
of making such surveys for the preparation of plans accompanying and the Commissioner him to enter upon any lands of the Colony for and investigations may grant to as may be his applica­ to divert, of generating for a survey (2)A swvey permit may be granted one year and may be renewed by the Commissioner for any period not on one not exceeding ion made to him for further periods exceeding applicat year each.
(3)The grant of a survey permit shall not confer any prior­ wer, of the said for the diversion or right whatsoever of any water-po ity over other applicants nor any special claim water-power.

in respect ., 93 THE APPLICATION t ..

4.

(1) Every person desirous of waters of any river for the purpose may file with the Commissioner in Council for a licence (2)Every applicant under the Ordinance.
for a licence shall file with the Com­ storing diverting, of generating an application or using the electrical energy to the Governor a statement giving or accompanied missioner information Name.

(a)the name of the applicant; his address Address, River, etc.

( c)the name or a clear description and occupation; etc.

(b) - of the river, lake, by the following Applicatt,;n Place 0£ (d) diversion.

Riverflow.

Head • • Minimum horse­ power.

i\faxi1num horse­ power.
or within such other period (e) from to referred if possible from which the water is to of water, expressed survey mark; also the place where or released; in will it is estimated diverted or used under the licence or other water-course or used; be diverted the place where the water is to be diverted or in the said water-course, an established the water is to be returned the maximum quantity cubic feet per second, which be ultimately applied for; (f) the estimated for the production available to the plan of development the estimated minimum amount which will be developed pressed on the turbine five years from the date of the application as the applicant completion of his initial the estimated pressed ultimately the waters applied for; of power according now proposed; of energy ex­ which it is estimated on the turbine in horse-power be developed maximum amount of energy ex­ for the may state to be required head in feet which will be will shaft from in horse-power shaft within development; average (h) (g) and extent of all principal to construct for or using the water or water­ conveying, the character works which it is proposed diverting, power, including pipe lines and other water conduits, and transmission (In reference lines; give its approximate also its proposed in its construction); dams, raceways, type, and the material canals, tunnels, power-houses to every dam maximum length and height, to be used to each such place the to flood, the number of acres of land which it is basin or other place in which it is desired water; also, with reference approximate proposed of the surface estimated total capacity a reasonably accurate acres of the lands which require the range in feet, and the contemplated of the reservoir approximate description of storage vertical of the area in storage or area in acres when filled, to be occupied in acre-feet; C 0 ti � • Storage reservoir'.>.
(j)if storage is involved, the location of each lake, to store Worlcs­ general description.

(i)briefly Lands required.

(k) 94 used in the construction, of the proposed required be flooded: maintenance works, noting separately for rights of way and lands which are to or operation lands - (i} within Crown lands, (ii)within Colony lands, (iii)within privately owned lands; .. � � Plans.
(1)general layout plans and data prepared ance with the provisions Regulations; of regulation in accord­ 7 of these Nl'igh!ooar­ iJ1g works.

(m)the nearest neighbouring works or structures on, both above diversion, for or using water for any purpose from the or in course of constructi completed and below the place of the proposed diverting same source of supply and the approximate tance and direction proposed any oi.
;ler works or structures railways ing bridges, affect or be affected tenance or operation and canals) which might by the construction, main­ of the proposed of each such works from the o� works; also the names and location whatever (includ­ works; dis­ River-flow data.
• (n)the approximate discharge in cubic feet per at or near the place of diversion of the second, river, lake or 0ther source from which the water at high, medium and low water is to be diverted stages respectively, measurements applicant's such measurements knowledge; and a reference of which the applicant of the flow of the stream in the possession also copies of any existing to all other has 'fl (o) briefly an outline of the undertaking in respect the use any sale, including is desired, or transfer of which the licence to which the power is to be applied, than to the otherwise thereof delivery if any, the area, which is contemplated, applicant within which such sale, delivery or transfer is to power demand for be exercised, an estimate within such area and cost of the entire undertaking; standing the probable of the applicant to carry out the proposed with refer­ under­ his ability of the capital (p)the financial ence to taking; The under­ taking.
Financial standing.

Incorpora­ tion data.
(q)if the applicant statement formation, shall, set forth:- be an incorporated in addition company, the in­ to the foregoing (i)the names of the directors and officers of the company, and their places of residence· " (ii)the head office of the company in B'ritish • Guiana; (iii)the amount of capital authorized, also the and of paid-up capi­ amounts of subscribed, tal, specifying (a)how much has been paid in cash and (b)in what manner the balance has been in regard to the latter, - • .. .� .. .. 95 paid for, also the proposed raising further the construction works; proposed (iv)copy of the special instrument for funds, if required, of the and operation method of of incorpora­ and of association setting tion or the memorandum a statement or parts thereof pany to make the application out the proposed undertaking.
the com­ which authorized out the particular and to carry sections (3)All elevations given in connection filed by any applicant with the plans or to should be referred datum, or to a datum acceptable to the Commis­ ether information mean sea-level sioner.

• ., 0 5.Forthwith upon the filing by the applicant of such data Filing fee.

he shall pay to the Commis­ as is required sioner a fee of one hundred dollars by these Regulations 6.The Commissioner irrespective call for such additional plans, ($100.00).
may, at any time while an applicat of any other ion of these requirement descriptions, measure­ directly as he considers Commis­ sioner may �·equire further in­ fo :,nation.

or or other data (whether related works and undertaking) to the proposed and the same shall be furnished is pending, Regulations, ments, specifications, indirectly necessary, of the applicant; able in respect provided by and at the expense fee shall be pay­ filing data.

of such additional that no further 7.
(1) The general layout plans and data shall be such as in available with the data already design to accomplish conjunction Commissioner to determine suitable proposed is in general development ficial utilization of the resources undertaking proposed interest, and such plans shall further of the Commissioner is feasible conform not inconsistent will enable the works are of whether the bene­ and whether the and in the public whether the proposed the purpose intended, of the stream, and practicable accord with the most with these Regulations.
to any requirements General Jay, ,1ut plans.

(2)The said plans and specifications being based upon actual and thorough surveys on the ground.

They must be in sufficient and in­ detail to must be carefully Commissioner prepared, vestigations enable the be done by the applicant, posed works with reference exact scope of what is desired tained.

logging, following sioner in writing information �eneral �ap.
(a)A general to determine and must show the position objects, to of the pro­ so that the to surrounding what is proposed exactly may be readily located and ascer­ They shall show what provision and other interests.
They should ordinarily is made for navigation, items but the applicant may be excused from supplying some part or parts of the called for by this regulation:- the include by the Commis­ 0 C, 0 q map with scale so selected as to clearly define the location duits, power-houses transmission lines; of all dams, reservoirs, and other works, except con­ Dam-site.
(b)A cross-section of each dam-site along the centre line of the proposed each boring, dam with graphical or other exploration, testpit, log of and a ♦ .. .P•incipal structures.

(c) (d) - Contour� sit-., of works.

- Contours conduits.

(e) c,mlours -- reservoir3.

(f) Tr.rnsmis- sion.

(g) Lands occupied.

(h) G�neral report, ,,overing (i) 1w.
contour location material; and dip of the of the character map of the entire water map showing the proposed and other works; and also plans, elevations and of each type of water conduit; and cross-sections of the dams and or sluicepipes also of the other which may be required; 96 brief statement underlying Plans, elevations showing spillways, sluiceways other outlet or control works, principal structures A satisfactory contour power-house A satisfactory conduit cross-section A satisfactory contour showing the amount of flooding location of other contingent A map of the survey of the proposed of the centre line of all main transmission and including the receiving Said plans or maps shall in every case show the location to be occupied, the proposed A general by which the applicant water-power.
site map of each reservoir the involved, dam and and character works; the plan describing the to develop and area of the lands which are required proposes set out - report outlining and Such report shall final location lines to of each proposed in connection used, or flooded stations; works; with sluices, • pits and other structures ., or flumes, (i)The dams, weirs, tunnels, races, works which it is proposed make in connection therewith; to build or Scope of project.
(ii)The form in which the power developed is to be used, i.e., whether for direct connectio mechanical electricity purpose or otherwise, n, generation it is to be used; and for what of (iii)Any other data necessary to a full understanding undertaking; of the nature of the (iv)The natural height of the fall or rapid; Phyg!cal data (v)The extreme high and low water levels at the power dam site and the power site, and of all bodies of water station proposed to be used as storage voirs; reser­ (vi)The flow of water in cubic feet per second at the high, low and average stages of same; (vii)The estimated capacity of the fall or rapid in its natural tion at the average (viii)The area and available condi­ low stage of water; of each capacity proposed storage (ix)The estimated reservoir; percentage flow to be made available • in horse-power • .. • of stream­ from storage; • d I· .. • 't 97 (x)All other data necessary to a full con­ sideration of the natural features site or sites or the proposed of the works; Construction (xi)The estimated data.
total average effective head it is proposed to develop; of any (xii)The height and full description to dams or weirs, which it is proposed construct; (xiii)The increase in the level of the water to be brought about, and the character dams or weirs; (xiv)The effective area and of lands to be flooded of such dams or weirs and the type of the proposed control works; ing capacity discharg by such (xv)The length and full description of the proposed water (xvi)A full description conduits; of the power station the type, number and rated of the water-wheels and gen­ in the proposed to be used, both and in the final development; including capacity erators initial The probable system; load factor of the power �xvii) (xviii)The length in miles and a full descrip­ tion of all main transmission lines; to a full con- (xix)All other data necessary sideration of the proposed works; Estimates of cost (j) 0 Field notes.
(k) Neighbour­ ing worl�s.
para� of cost; estimates The report mentioned in the last preceding graph shall in all cases be accompanied by pre­ liminary Copies of field notes of the entire conduits, powerhouse thereof wherever Land Surveys; may require, tied in system of the and reservoir sites, as the Commissioner to the existing sion lines, exterior possible transmis survey of water or of such parts boundaries, (1)If there are other works already from of construc the location works, of the nearest works both above and constructed tion in the neighbourhood or in of the or using water from works, for diverting streams, the said plans shall and give the distance of such other below the proposed course proposed the same or tributary indicate the proposed existing works, and, if a power development, the oQrmal elevation of the head-water there­ and tail-water the of, or if other than a power development, elevation or head-gates such elevations to th� same system elevations works; and if there are any other works or structures, such �s or any bridges, highways and canals, which other public or private in every case to be referred of the sill of the head-gate at the site of the proposed as are used to designate works whatsoever of elevations railways, • "' ,0 0 II 98 might affect or be affected maintenance or operation the said plans shall indicate out the governing or structures.
elevations of the proposed the location of such other works works, and set " • by the construction, ... (3)The said maps, plans and specifications of recognized standing, shall be signed satisfactory to and shall be filed with the Commissioner.

to mean sea-level datum or to a datum by a professional engineer the Commissioner, Elevations acceptable to should be tied in the Commissioner.

PUBLICATION AND OBJECTIONS Publication of applica­ tions.

8.
8.

(1) Forthwith upon the filing by these Regulations as is required issue of a licence in favour of the applicant, cause to be published, in three successive a notice of the application.
of such data by the applicant and in everf case before the the Commissioner of the Gazette issues shall (2)Such notice shall be marked at the top in plain letters "Hydro-electric proved by the Commissioner, lowing information:- Power Application", and shall be in a form ap­ and shall give substantially the fol­ of applicant; (a)Name and Address (b)Date of application; (c)Name or clear description of source of suppl:v; (d)Place of diversion described; (e)If storage clearly or pondage of water is contemplated, the place of storage, reservoir, which will be flooded; (f)Maximum horse-power and a general the capacity capacity of proposed • " of the intended of the lands description (g)Nature of the undertaking and utilization of the plant; power; (h)A statement that the application has been filed with the Commissioner, be filed by any interested sioner: and that objections party with the Commis­ may (i)Such other information as the Commissioner may Objections decide.
9.

(1) Any person may, within twenty-one of the first advertisement, publi­ days after a lodge with the Commissioner to the Governor in Council objecting to the grant of the cation petition licence.

(2)Every petition shall state shortly the grounds and shall set out the address of objec­ of the tion to the grant of a licence petitioner.

a statutory relies (3)The petitioner shall lodge with his grounds containing declaration in support (4)The petitioner of his grounds shall, the material of objection.
within two days after lodging the at the a copy thereof declaration, deliver facts on which he petition registered and statutory address 10.

(1) The applicant of the applicant.

may, within fourteen days after delivery • • • .. of objection of the petition, lodge with the Commissioner- .. Answer of applicant.

if' I C. (a} (b) 99 an answer to the petition grounds a statutory facts in support on which he relies; and declaration setting of such grounds.
stating the shortly forth the material 11.Any objection tions shall be considered be determined Governor State, the said development.

in Council issue an interim entered in accordance by the Governor in Council with these Regufa­ and shall as he shall consider fit, and, subject may, with the approval licence to the applicant the1·eto, of the Secretary for carrying the of out Determtna­ tion of application by Governor in Council.
THE INTERIM LICENCE 12.Every interim licence undertaking of a water­ for the development shall set under these Regulations Terms of intt:rim licence.

power or storage out particulars to the case, with respect Recita1s.
(a)A recital and lay down requirements, in so far as applicable matters- to the following or recitals giving- (i)the name and address of the interim licensee and date of his application; • It 0 (ii)the name and location of the power or that lands or out the undertaking, site, the statement the nature of the works and storage waters are required to be used or ;:ic­ cupied in carrying and briefly undertaking for the develop­ ment of the said site; also a reference any plans or data on file and where filed in which the said works and unc!er­ taking are more fully shown or des­ cribed· proposed to (iii)the d�te of each permit and extension which may have been issued in thereof favour of the interim statement thereof been fully compiled terim licensee; and of the Regulations have with by such in- licensee and a whether the requirements Time for completion of initial clevclop­ ment (b)The time within which an initial of producing development and having available of measured use a stated minimum amount of on the turbine shaft, undertaking, or in of stor­ capable the site capable for beneficial horse-power the case of a storage ing a specified pleted, represent pletion outlined sioner; such initial quantity development progress of water, shall be com­ in every case to towards the com­ of the site as by the Commis­ of the entire development in the plans approved substantial (c)A general statement which the interim with respect to the lands may, for the time being licensee .. <, 0 q Use of lands.
Temporary user.

(d) Rentals and royalties.
(e) lUU ... to the provisions set out, hereinafter and surveys and subject enter upon, use or occupy for makii1g investigations works; and constructing The amounts of river-flow, temporarily terim licence, The sum or sums to be paid as rentals for the lands occupied the life of the interim the manner of the payment thereof; • • used or stored under the m­ the issue of a final licence; or the waters used during licence, diverted, pending if any, which :nay be or royalties also the times and 80nd· (f) The amount of the bond, if any, required for of of the terms and conditions as security licensee to be liC:ence; of his initial by the interim and fulfilment required deposited the performance the interim The issue in favour of the interim the completion servance and conditions and under these Regulations or fulfilled of water, for the development for the utilization or occupation the Governor per maintenance a statement always to these Regulations, such final licence of the principal of a final licence and operation of such energy, when issued, of lands which, in the opinion are required in Council for the pro­ of the works; and and for the use of developmen licensee upon t and ob­ by him of all the terms by the said interim licence to be by him observed for the use or storage of energy therefrom, terms, which, subject in will be embodied including- • ..
Final licence on fullil­ ment.

(g) (i)The maximum flow or quantity of and from tirr.e and if storage under such final ·to time at the place of water which may be diverted to time at the Place of diversion.
used from time use, respectively, licence; maximum capac;ity ble from time to time at "ach storage site; subject ease to the control and regulation of the stream-Dow and of users on the stream a:; hereinafter provided; the permissi­ is involved, of storage in either (ii)A brief description the use which of the undertaking of which such final licence is in respect to be issued, including may be made of the power er storage, power may be sold or delivered whether to or used by other than the applicant, • and if so, the territory ., such sale, delivery, of the right of use may be exercised; within \Vhich or transfei· (iii)The term of the final licence; • (iv)The sum or sums to be paid as rentals or royalties during the period of the 11 Cl' for waters used or stored 101 final licence and for the lands occupied, or for any other privilege granted; wh�ch, terms and �onditions may be im­ always to these Regulat10ns, subject posed by the Governor or final licence in Council.
shall be deemed to incor­ (h)Any other special 13.Every interim • Special terms.

4, respecth·ely, to the provisions the time of the issue of such interim porate and shall be subject in force at in so far as applicable to the said interim out restatement of the said provisions licence, visos and conditions, the Governor not inconsistent with­ or final licence or final pro­ as to such other stipulations, with these Regulations, of the Regulations or final licence in such interim also be subject may impose.
and shall in Council Incorpora­ tion of terms.

the interim licence the licensee 14.Forthwith after the execution of shall commence the construction Commence­ ment of interim construc­ .and shall thereafter without tion.

occasioned by act of God or other major cause beyond the control of the interim complete the and specifications interim of the said works according to the terms of the (other than want of funds) carry on and and of these Re,gulations.
interruption, construction as so approved, except such as may be of the said works and subject to the plans licensee licence "' {l 'femporary nature cf rights these Regulations preparing maps executed under licence of the Governor in Council, 15.Only such interim rights of entry upon or of use or occupation of any lands shall be acquired by virtue of any interim as may, in the opinion be necessary for of making surveys, and otherwise Governor mation are filed showing the extent and scope of the works and of the interim licensee undertaking when the interim was possible allot, terim licensee purpose works The licence.
may, from time to time, as plans and infor­ amend and limit the areas of the said lands which to enter upon.

use or occupy for the the purpose and plans, constructing out the terms of the interim is permitted aforesaid.
with greater than precision in Council carrying licence the in­ was executed, designate, licensee, 16.The interim before making any material or in the works constructed or in the location of his licence in the plans as approved, construction in pursuance authorized, and plans of such proposed change not proceed to carry out the same until such proposed been authorized.

shall submit a complete and satisfactory to the Commissioner, change has change or under ther:=!of statement and shall Change in plans.
17.
(1) The Commisssioner, or the Engineer authorized by either for that purpose times to all parts of the lands being occupied constructed by any interim licensee ing whether the terms and condit-ions being satisfactorily particular whether the construction with the plans and specifications vided; also for the purpose of clv"ckin struction-cost data; for which purposes contractor carried out by the interim shall give the person so authorized approved " • 0 4 or any person shall have free access at all Inspection during con­ struction.
or of the works being for the purpose of ascertain­ of the interim are licence and in licensee, of the work is in accordance as hereinbefore note of con­ g and taking or any sub­ the contractor ac- for the purpose pro­ (2)The interim cess to figures contractor at all reasonable time.
102 in the possession or sub­ of such contractor - • .. regarding with the plans and speci­ of any person in­ the shall abide by, conform to and instructions (1) of this regulation licensee written sub-regulation provided, of such written as hereinbefore the reasonablness carry out all reasonable specting under tion of all works in accordance construc fications approved pute, regarding or regarding Governor in in case the interim carry out in Council may cause the interim re­ spect to works herein mentioned until the in Council gives instructions refusal the interim the and does not abide by or conform to and instructions to suspend the requirements Council's by the interim licence.
to resume the same, and in the case of continued of the plans and specifications, shall be final and conclusive; the said written all operations with the Governor and in case of dis­ the Governor may cancel in Council licensee decision Governor licensee licensee instructions, Reports.

18.The interim licensee of the said works a::; the Commissioner shall submit such reports of progress may during construction from time to time require.

Amendn1ent of interim lioence.


the terms of any interim in Council; 19.Subject to these Regulations may be amended by a supplementary licence Governor proved may be amende.d with the cnnsent nor in Council, but any such amendment tion specifically and shall in no case operate whatsoever of the original interim licence.
covered by the granted previously ap­ and plans and specifications of the Gover­ licence in writing shall affect only the por­ be a waiver of any other part, condition to alter or amend or in any way .. or writing, , in such SU!Jplementary licence or provision \ the actual Default by interim licensee.

20.
20.

(1) If the interim of the initial under his interim construction time required tial and satisfactory ed for the construction nor in Council progress (2)If the interim may cancel the interim licensee licence licensee fails to commence.

development in good faith within the or fails to make substan­ in the first year of the period allow­ the Gov2r­ development, initial of the said fails to expend on the initial licence.
within any of the' stated periods set out in his in­ development to be so ex­ terim licence, the amount required within the time or fails to complete pended, of his or fails to comply with any other term or condition specified, shall licence or of these Regulations, his interim after a full be subject report has been made on the matter by the Commissioner and after notice has been given to the interim sixty days' by such licence the said development interim in Council to cancellation by the Governor licence occurs subsequently licensee.
to the time when (3)If such failure has expended the licensee the total amount that the licence terim licensee in Council to the Supreme Court.

on the in:aial requires may appeal from the decision development one-fourth of • shall be expended, the in­ of the Governor .. • the terms of his interim • written has completed his ini­ Completio::i of initial develop_ ment.

2,1.

(1) As soon as the interim and otherwise licensee fulfilled tial .development licence notice of such completion and fulfilment.
he shall file in the office of the Commissioner 103 � • .. (2)The Commissioner for in the next following provided tion, and if necessary a survey, and of the lands and waters use<l or occupied the undertaking to be made.

shall thereupon, of the works constructed or used with in connection except in the cases cause an irn,p1�c­ sub-regulation (3)In those cases where the Commissioner he may require tion unnecsessary later than sixty days after the ,�xpiry completion, tutory ,declaration.
proof of the said completion the interim deems inspec­ to file not of the time fixed for such and fulfilment licensee by a sta­ (4)Upon compliance on the p3.rt of the licensee with the requirements sioner shall determine Regulations, development of the foregoini:; sub-regulations, the Com.mis­ a date which, for the purposes of th-2se shall be the date d completion of the initial THE FIN AL LICENCE of the initial developrr1ent and upon fulfilment and of his with all the terms and conditions approved Grant of final licence.
and of such of the provisions licence 22.
(1) Upon the completion to the plans previously to his case, the interim according compliance otherwise interim as are applicable to the issue in his favour by the Governor licence site in question, utilization lands which, in the1 opinion quired for the proper maintenance ing the diversion _for the development of such energy, of the Governor authoriz , use, or storage of ,;:nergy licensee in Council of these Regulations shall be entitled of a final of water at the therefrom, for the or use of the and for the occupation and operation of the works.
are re­ in Council, • • (2)Upon the grant of any final licence all rights held and 8 obligations assumed under the interim determine.

licence shall cease and 23.The final licence shall embody the terms which were set for incorporation Terms of final licence.

into such final licence, in force at the time of the issue of such final licence, not inconsistent with the out in the interim licence and such other terms and conditions, Regulations as the Governor applicable, Recitals.
the following (a) A recital particulars:- clause or clauses, (i)The name and address (ii)The name and location may impose, in Council giving -- ipcluding in so far as of the licensee; of the power-site, to the waters of with particular in its the Colony whose use is required development; reference to the interim the construction (iii)A reference authorised any amending licence issued, ment whether or not the conditions with; have been fully complied licence of the works and and a state­ thereof which (b)The maximum flow or quantity of water which from time to time at the place of and used from time to time at the place may be diverted diversion, of use, respectively, under the licence; and, if of storage is involved, the maximum capacity Waters granted.
• 0 0 .. Works authorised.

Lands requir•�d.

Undertaking authorised.

Term.

Annual rental.
104 ... site, subject storage permissible storage and regulation in the interests hereinafter from time to time at each in either case to the control and of storage of the stream-flow cf all the users on the stream as provided; .. .. (c)A statement setting forth clearly to be maintained the position extent of the works authorised and operated under An accurate descript entered upon, used or occupied ance and operation separately the licence; ion of the lands which may be lands in any of the following of the said works, setting for the mainten­ (d) and out classes:­ for etc.
; for the said (i)Lands not covered by water required main diverting works, power-houses, (ii)Lands covered by water required purposes; (iii)Lands required only to be flooded in connec­ tion with the �tora�e or pondage of water; (iv)Lands required on]y for the rights of way in respect for water conduits, (v)Lands, if any, required lines, transmission for substatio ns, dis­ etc.

; stations, etc.
; (e) terminal is issued, stations, including of the undertaking tributing A brief description of which the licence the use which may be made of the power, whether the power may be sold or delivered than the licensee, which such sale, delivery of use may be exercised; The term of the final licence; (f) (g)The sum or sums to be paid as rentals during the period of the licence stored and for the lands occupied for any other privileges and if so the territory or transfer for waters used or or granted.
to such term not exceed­ � • \ or royalties respectively; to or used by other within of the right Term of.

final licence.

24.Every licence shall be limited ing fifty years from the time fixed in the original for the completion development, of the initial upon between the Gover11or-in-Council an<l the lic0nsee.

as may be agreed interim licence ACTUAL COST Assessment of actual cost.
25.For the purposes of the Ordinance the actual cost of any or of any addition undertaking ing into account the actual legitimate and useful for the purposes particular inquiry is (i)the cost of engineering thereto of the undertaking at by tak­ shall be arrived cost of any works in use at the time that any being made; and shall ordinarily - include to the services appertaining construction of such development and works, during construction, (ii)interest (iii)taxes and insurance (iv)contractor's (v)the purchase profit, of equipment, during contruction.
• .. • • 105 (') , .. (vi)the cost of roads, railways, clearings, works undertaken and carried on solely in or other essential the construction not independently profitable, of such development or works and (vii)such other expenditures as and in· are necessary but shall in no case include herent items of construction; - (i)promotion (ii)the cost of underwriting, selling, or disposing expenses, of stocks and bonds.
RENTALS AND ROYALTIES 26.The annual rental shall begin to run from the date on licence which the interim shall be for thel part of the year between the said date and the rentals end of the then current calendar be payable each year during which the interim in advance on or before the second day of January in year.

Subsequent is issued.

The first payment thereof is in force.

shall or final licence shall fr.om the date on which the Com­ 27.

(1) The licensee Payment of rental.


the completion missioner certifies a date from and after the date said completion) calculated in accordance Regulations.

fixed in pay such amounts (hereinafter called with the terms of the licence o-f the initial the interim development for this licence "royalty") and these (being Payment of royal�.

4 • (2)Payments of royalty on the first day of April, the first day of July, the October and the first day of January.
shall be due quarterly first day of in arrears Q 28.The royalty rate shall be subject to revision every five that no upward has submitted Revision of royalty.
payment provided of the sai:d rate may be made if the licensee auditor for examination years after the first quarterly revision his accounts pointed panies Ordinance, Governor justified Governor for Royalties of a company under section and it is established of the in Council that the proposed in all the circumstances that the a fixed sum in Council may in any particular of the case.
Provided case approve to be ap­ qualified 109 (8) of the Com­ to the satisfaction rate would not be revised for the term of the licence.

by an accountant Cap.

328 29.The licensee of the undertakings data and information mit any duly authorised spect such meters and instruments necessary for the purpose shall keep all necessary and statistics Keeping of l'l!cords and all such and shall supply to the Commissioner statistics.
records as may be requiTed representative of the Commissioner to as he may deem of the licensee by him; and shall per­ in­ of ascertaining the royalty payable.

• • 30.

(1) Jf the royalty date it becomes due, interest num shall be added thereto, terest compounded annually the latest :date until paid.

(2)The royalty is not paid within sixty days of the at the rate of six percent.um per an­ and the total amount shall bear in­ at six per centum per annum from Non-pay.

ment of royalty.
ment of royalty.

0 " by way of penalty the first lien or charge upon the entire water-power together and interest with the six per centum added shall be the as above provided develop- 106 assets, (3� .

[[f any royalty ment, the property, rents and revenues of the licensee.
remains unpaid for more than one year after the latest date when it becomes payable, shall be given notice thereof by the Commissioner within sixty days after such notice has been given, sioner may- and if not paid the Commis­ the licensee " ,.
• (a)request the Attorney General sue in any court of competent amount thereof penalty and interest together as above provided; with the six per centum of the Colony to jurisdiction for the (b)take such action under the Ordinance as is provided for cases of default or these Regulations.

(4)The acceptance to be a waiver of anyl antecedent any of the terms or conditions licensee.
of any payment shall not be deemed breach of by the or then subsisting which have been accepted 31.All payments to be made by the licensee shall be made to the Commission required er.

RIGHTS AND DUTIES OF LICENSEES Payments made to Commis­ sioner.

Use of lands.
Use of lands.

32.Every licence shall be valid and effective of any lands specified entry upon and use or occupation only in such manner and to such extent and for such length of time as may be necessary maintaining and operating maintained and operated carry on operationst Commissioner.

33.
A licence for the purpose the works authorized • and the licensee to the satisfaction under this licence, under the licence on the licensee shall not confer the right to any shell of the of constructing, to be constructed, to authorize therein \ gold, silver, or precious licensed the right to therefor, compensation such searching be assessed subject or other metals, stones, rock, gems, coal or mineral oil in or under the land to the C'rown with to search and mine which shall be saved and reserved enter upon the land licensed ores, bauxite, minerals, however, to the right of the licensee for any loss or damage to buildings to receive occasioned by to and mining, the amount of such compensation by the Commissioner.
34.The licensee shall not by any operations under this licence licence impair the free access to any landing date on which the was granted nor in any way interfere with or prevent going to or from such landing now or hereafter river or waterway for which such person or persons holding for drainage place as aforesaid lands on the banks thereof or any person using any purposes use the same.
may cut such timber from the said lands as or for any other purpose • may lawfully place in actual use at the in any river or waterway, any person whomsoever 35.The licensee for the purpose the works authorised he shall require operating Ordinance or timber on Crown land or Crown forest thereon of the timber so cut to the Conservator for the time being in force relating • and payment of royalty • true and proper returns of Forests.
of constructing, under this licence subject to any to and shall furnish Regulations but no further ♦ maintaining and Licence not coinferring ri-ghts to n1inerals.

Free access to landing places to be maintained Limited right to cut timber.
Cf ., - 107 36.If au any time during the term of a licence any part or of any for the purposes area are required pur­ or for any other public road or railway in Council parts of the licensed township or village, pose whatsoever it shall be lawful for the Governor (the licensee six calendar months previous nor in Council in that behalf) or parts of land so required compensation to bei assessed damage caused to him as a result and having thereafter of the Gover­ the part of the intention to cause to be withdrawn having been notified notice of such withdrawal.
and the licensee by the Governor in Council Resumptior.

of lands for public purposes shall be entitled received for all to 37.Every licensee shall at all times instal and use first­ works, plant and equipment, ation to requisite modern, standard quality, consider durability, efficiency, and shall maintain repair exercise operations all due skill and diligence the same in good suitability thereof.
and all other relevant factors of design, safety, Licensee to observe cer­ giving tain stand .. strength, ards.

whatsoever, and condition, and shall so as to secure satisfactory Inspection of accounts.

the undertaking 38.
the undertaking 38.

(1) The Clommissioner or any person appointed by him records with or affecting and all books, plans, used in connection for the purpose shall have free access to all parts of the works, lands :mn property of the licensee or accounts hereunrler, and may from time to time make observations quiry as may be considered under this licence.
ations (2)The findings and take such other steps for carrying or expedient measurements out any en­ in the oper­ to the with respect being quantity of or capable of diverted, used, or stored or the amount of power developed or shall capable be conclusive and binding 39.Every licensee, under the authority upon the water diverted, used or stored, before making any material of the Commissioner of being developed of the licence necessary licensee.
and or in his location, existing works tory statement satisfac Commissio until the same has been approved.

ner, and shall not proceed and plans of such proposed change to the to carry out such change change in any shall submit a complete -and Change in plans.

• • p 40.Every licensee shall when required wires, measuring guages or other ap­ by the Commissioner Direction to i,nstal meters, etc.
so to do, instal such meters, as may be adequate proved devices of water used or power developed 'or :deter diverted, drawn from storage.
and for determining mining the flow of the stream from which water is being the amount of water held in or for determining the amount of the works, in the operation has not developed 41.Upon a report being made by the Commissioner the amount of power for which then:: developed from by him, or controlled to develop and licensee ., a public demand and which could be reasonably the flow of water granted the Governor render available which there is, in the opinion up to the full extent demand, such licence granted under or controlled to be fixed by the Governor within a period amount of power for in Council, from the amount of water by such licensee in Council, which for public use the additional order such licensee in Council may under his licence of the Governor possible Failure to meet public demand.
a public that a :md I> • Cl • 108 period shall not be less than two years after such licensee or the person in charge of the existing of such order; a111d in default provisions licences of the Principal Ordinance with such order the of shall apply in respect of such default.

of compliance works shall have been notified • .. • for the cancellation Securing oit enlarged develop,, ment.

42.
42.

(1) The Governor may authorise that an enlarged or more comprehensive may be estahJished the Commissioner where devel­ at or near the site it has been reported opment of any water-power occupied in addition larged or more comprehensive (2)If the licensee by the licensee, to the existing fails, to offer to the licensee licence for the carrying a further out of such en­ licence development.
within twelve months after such offer of a licence is made, to accept the same, and in good faith to begin and carry on to completion in such case, the Governor nated; provided, however, on as on the expiry compensati may order the existing that the licemee shall be subject licence to such new development, of the licence.

ter�11i­ then 43.E.very licence shall be deemed to have been executed 011 the condition that the licensee shall- Implied terms.
, .. ( a)divert, use, or store the water authorised used, or stored by him in such a manner diverted, as not to interfere, in the opinion in Council, velopment river upon which his works are located; with the maximum advantageous of the power and other resources of the Governor de­ of the to be • • (b)conform to and con1ply with any orders in respect of the flow of the waters of the control or regulation of such river as may be made from time to time by the Governor in Council ised by the Governor or any person auth•Jr­ in that behalf; in Council ,.
( c)at no time cause or perm ii: the surface-level waters of such river or of any storage operated the limits by the Governor ised by the Governor by him to be raised or lowered beyond which shalt be fixed from time to time in Council or by a person author­ in that behalf.

in Council of the reservoir made in respect shall keep a true and detailed Exp�nditure 44.The licensee returns.
expenditures under this licence on or before the 31st day of March a return for the year ending the 31st day of December preceding, being an accurate summary thereof, such return by the Oath of the licensee.

of the works, lands and properties with the Commissioner and based on the said account by and shall file annually to be attested of all account Fair Wages 45.Every licensee, Rules.
construction, extension, alteration, shall pay to those persons in the employed • of and operation • with wages in accordance the works authorised replacing the Fair Wages Rules or any Rules or Regulatiom them and from time ta, time in force in the Colony in so far as they • may be applicable • maintenance under this to the licensee.
licence 46.Notwithstanding any rights granted or approval shall comply fully with the Or­ given 109 ,/J • • the licensee under any licence, dinances and Regulations tion of the purity of the waters, fishing or affected by any operations other interests in the Colony governing or governing the prese1·va­ forestry, logging, present or future which might be under this licence.

conducted SMALL WATER-POWERS Observance of laws of navigation etc.

47.
47.

(1) Applications for the development of Colony water­ of which, under average usable flow condi­ the capacity powers, tions, does not, in the opinion hundred horse-power, importance for commercial or public utility dealt with under such special Council may make from time to time, subject, following provisions- Regulations purposes, may be as the Governor in to �he however, of the Commissioner, exceed five and which a:re not deemed to be of primary Watei,.

powers not exceeding 500 horse­ power.


( a) The licence-term shall not exceed twenty years, Term.

shall not exceed five years each; and renewals (b)Applications for renewal shall in every case follow Renewal.

in force at the time such application the procedure is made, and the 1·enewal case be subject force at the time such licence to the laws and regulations is issued; in licence shall in every • • fl D ,.
� e and all works and structures connected shall become the property of the Colony Expiry of term.
if de­ (c)Upon the expiry of any term or any renewal, for or has .failed has not applied the water-power the licensee either to secure a renewal licence, velopment therewith without compensation the privilege from the lands within such period after the said all works and struc­ expiry as may be approved in connec­ tures erected which can, tion with such power development, with the consent of the Commissioner, be remov­ ed without damage to the said lands; to the licensee: part of removing on the licensee's by the licensee or installed but with Resumption of posses­ sion.
(d)The Governor granted und?.r this regulation, in Council may at any time, upon cancel any one year's notice, and resume giving the licensee licence full possession velopment and all works, lands, and structures connected nor in Council, structures; (e)Oompensation, in such case, shall be paid to the of any part of such works and or at the option of the Gover­ of the water-power de­ therewith, and control for the works, lands, and structurns licensee over, to the amount of the actual cost thereof, dett>r­ mined in accordance with these gether with such percentage by way of bonus, not greater nor less than three per centum may be determined added to such amount per cent by the Governor Regulations than fifteen of such amount, as in Council.
taken to­ Compens�• tion.

Water.

powers no� exoeeding 100 norse power.
llU 110 (2)The Commissioner may receive and use of any Colony water-powers, usable flow ccmditions, applications for the the capacity of in does not exceed, one hundred horse-po,ver, and which are not of pri­ development which, under average his opinion, mary importance may issue licences powers, (b), (c), (d) and (e) of the preceding that the compensation for public utility for the development subject, however, Provided or commercial purposes; and use of any such water­ (a), of sub-paragraphs and to the provisions to be paid to the licensee paragraph.
under the said sub-paragraphs over if the licence term shall, agreement Governor in cases arising under this paragraph, _ of the parties, or in the case of non-agreement, m Council.

(d) and (e) for any works taken before the expiry of ·the be arrived at by by the should be terminated .. , • • UNDERTAKING ALREADY COMMENCED.

CONTEMPLATED OR 48.Where - Governor in CouncH may issue licenca fur 11nder­ takings already contempla.

ted or com­ rnenced.
(a)prior to the coming into force of these Regulations, of any to has, in pursuance 0f any Colony water-power, any person to carry out a survey with made or contemplated with respect in Council the Governor agreement the development authorised a view to the establishment the development (b)at the date of the there are constructed and use of such water-power; coming into force • • of these Regu­ or in the course of with an undertaking \ an:d use of any Colony water­ works connected lations construction for the development power, of an undertaking .for or notwithstanding may, with the approvc1.l any non-compliance of the Secretary with the provisions in Council rhe Governor of State, of these Regulations fasue in respect licence, velopment the provisions -miitatis mutandis arnd on application marle to him in that behalf, licence or a final of such undertaking an interim as the case may be, having regard to the stage of the de­ of the undertaking of the Ordinance at the date of the application, and of these Regulations shall, and Made in Council apply to a licence so issued.
this 1st day of May, 1957.

IVOR 0.

SMITH, Clerk to the Executive Council.

• "' • .

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