republic of vanuatu

Utilities Regulatory Authority (Amendment)
Act No. 41 Of 2017
Arrangement of Sections

1	Amendment
2	Commencement

republic of vanuatu
Assent:		02/01/2018
Commencement:		01/04/2021
Utilities Regulatory Authority (Amendment)
Act No. 41 Of 2017
An Act to amend the Utilities Regulatory Authority Act No. 11 of 2007.
Be it enacted by the President and Parliament as follows-
1	Amendment
The Utilities Regulatory Authority Act No. 11 of 2007 is amended as set out in the Schedule.
2	Commencement
This Act commences on the day on which it is published in the Gazette.

SCHEDULE
AMENDMENTS TO the utilities regulatory authority ACT no. 11 of 2007

1	Section 3
Repeal the section, substitute
“3	Application of this Act
Subject to subsection 29B(7), this Act and any decisions taken by the Authority under this Act or any other Act, apply to a regulated service to the extent that it does not diminish the economic entitlement of a utility under any concession agreement under the Electricity Supply Act [CAP 65] or the Water Supply Act [CAP 24] existing on or before the commencement of this Act.”
 2	Paragraph 12(1)(e)
Delete “.”, substitute “;
(f) 	to monitor, review and determine price for regulated services;
 (g) 	to conduct research, trials and pilot programs to identify strategies to 	make regulated services more affordable, increase access to regulated 	services and increase competition; 
(h) 	to represent the interests of consumers and utilities in relation to 	overcharging or undercharging, non-compliance with regulated prices and 	other disputes between utilities and consumers, including where 	appropriate seeking compensation on behalf of consumers; 
(i) 	to oversee the administration of concession contracts and deeds entered 	between the Government and a utility in respect of a regulated service; 
(j) 	to carry out regulatory audit on utilities; 
(k) 	to exercise the functions of an arbitrator or mediator in any disputes 	relating to regulated services; 
(l) 	such other functions as are conferred on it by this Act or any other Act.”

3	After paragraph 13(2)(b)  
Insert
“(ba) 	to require from a party to a dispute under subsection 19(1), 	19A(1) or 	19B(1) any information that will assist the Authority to resolve the 	dispute 	between the parties; or 
(bb)	to impose and collect fees for services rendered to cover its costs of 	operation; or
(bc)	to collect and manage fees under the Act; or”
4	Subsection 14(1)
Repeal the subsection, substitute
“(1) 	The Authority may issue safety standards in relation to the safety of: 
	(a)	a regulated service; or 
	(b)	any equipment or installation owned or operated by any person 	that is connected, or is intended to be connected, to a network 	operated by a utility in connection with the provision of a 	regulated service, 
	in any place.” 
5	Subsection 15(1)
After “regulated service”, insert “or the safety of equipment or installations owned or operated by any person that are connected to a network operated by a utility in connection with the provision of a regulated service” 
6	Subsection 19(1)
Repeal the subsection, substitute 
“(1) 	The Authority may, if requested by a person or a utility, act as the mediator to resolve any dispute between them in respect of a regulated service.” 
7	Subsections 19(3),(4) and (5)
Repeal the subsections, insert 
“(3) 	Authority may prescribe procedures for Complaint and Dispute Resolution relating to consumer rights and obligations.”

8	After section 19
Insert  
“19A 	Arbitration of disputes between utility and third parties 
(1)	The Authority may, if requested by a party to a dispute, act as arbitrator in disputes between a utility and a third party, in relation to any agreement related to the supply of or an aspect of a regulated service.
(2) 	The Authority may appoint a suitable person to act as arbitrator on its behalf and any action or decision of a person so appointed is deemed to be an action or decision of the Authority. 
19B 	Arbitration of disputes under an applicable contract 
(1) 	The Authority may:
	(a)	exercise the powers and functions of an arbitrator under an 	applicable contract; or
	(b) 	act as an arbitrator in any utility related contract.
(2) 	The Authority is to prescribe the procedures and requirements for arbitration under this section.”
 9	Subsection 25(2)
Delete “three”, substitute “six”
10	Paragraph 25(3)(e)
Delete “VT100,000 which is sought in respect of the alleged offence”, substitute “the maximum amount of the penalty imposed under the Act ”
11	Subsection 30(1)
Repeal the subsection.
12	Table A1 of the Schedule
Repeal the Table, substitute
“A1 - Electricity
Instrument	Function / power / responsibility	
Electricity Supply Act (as amended)	Section 5

Section 6	
Convention relating to the Concession for the Generation and Public Supply of Electric power in Port Vila (as amended)	Section 5, paragraph 5.2, of amending agreement dated 25 September 1997

Section 5, paragraph 20
Section 7, paragraph 32
Section 8, paragraph 34
Section 9, paragraph 43

Section 12, paragraph 55
Section 13, paragraph 62

Section 17, paragraph 69
	
Specifications relating to the Concession for the Generation and public supply of electric power in Port Vila
	Section 5, paragraph 23, as varied by agreement dated 1 September 1998
Section 5, paragraph 26, as varied by agreement dated 1 September 1998

Section 3, paragraph 4

Section 3, paragraph 7

Section 3, paragraph 9

Section 4, paragraph 12

Section 6, paragraph 29

Section 7, paragraph 32

Section 7, paragraph 33

Section 10, paragraph 55

Section 10, paragraph 56

Section 11, paragraph 57

Section 12, paragraph 64

Section 13, paragraph 65

Section 14, paragraph 71

Section 16, paragraph 73

Section 17, paragraph 74

Section 17, paragraph 75

Section 17, paragraph 76

Section 20, paragraph 79	

Agreement varying concession between the Government of the Republic of Vanuatu and the Honourable Minister of Lands, Geology, Mines, Energy and Rural Water Supply and Union Electrique du Vanuatu Limited (dated 25 September 1997)
	Section 11	

Concession contract for the Generation and Public Supply of Electric Power in Malekula Island
	Article 2, Section 2.03, paragraph 12

Article 2, Section 2.03, paragraph 14

Article 6, paragraph 23

Article 7, paragraph 26

Article 9, paragraph 30

Article 18, paragraph 70

Article 19, paragraph 75

Article 23, paragraph 104

Article 23, paragraph 105

Article 24, paragraph 107

Article 25, paragraph 119

Article 26, paragraph 120

Article 27, paragraph 128

Article 28, paragraph 129

Article 31, paragraph 154

Article 31, section 31.07, paragraph 157

Article 32, paragraph 160

Article 34, paragraph 165

Article 34, paragraph 166
	
Concession contract for the Generation and Public Supply of Electric Power in Tanna Island	Article 2, Section 2.03, paragraph 11

Article 2, Section 2.03, paragraph 13

Article 6, paragraph 22

Article 7, paragraph 25

Article 9, paragraph 29

Article 18, paragraph 69

Article 19, paragraph 74

Article 23, paragraph 103

Article 23, paragraph 104

Article 24, paragraph 106

Article 25, paragraph 118

Article 26, paragraph 119

Article 27, paragraph 127

Article 28, paragraph 128

Article 31, section 31.06, paragraph 153
Article 31, section 31.07, paragraph 156

Article 32, paragraph 159

Article 34, paragraph 165

Article 34, paragraph 166	
13	Table A2 of the Schedule
Repeal the Table, substitute 
“A2 Water 
Instrument	Function / power / responsibility	
Contract for the Management and Operation of the Water Supply Service in Port Vila	Article 7.2

Article 7.3

Article 1.4.2

Schedule of Conditions to the Contract for the Management and Operation of the Water Supply Service in Port Vila	Article 2

Article 6

Article 9

Article 16

Article 17

Article 22

Article 26

Article 33.1

Article 33.3

Article 33.4

Article 34	

14	Table B1 of the Schedule 
Repeal the Table. 
15	Table B2 of the Schedule
Delete the Second and Third row.
16	Part C 
Delete the first row of the table.