SUBSIDIARY LEGISWTION

HYDRO-ELECTRIC POWER REGULATIONS

ARRANGEMENT OF REGULATIONS

REouLAnoM 1. Citation. 2. Interpretation. 3. Survey permit. 4. Application. 5. F&R~W. 6. Chief Works and Hydraulics Officer may require furtber inform-

ation. 7. General lay out plans. 8. Publication of applications. 9. Obfectlons.

10. Answer of applicant. 1 l. htctmination of application by President. 12. Terms of interim liccna. t l Inmrpnratinn nC Cermn

14. Commencement of constFuction, 15. Temporary nahlre of rights. 16. Change in plans. 17. Inspection during construction. 18. Keparts. 19. Amendment of ininterim licence. 20. Default by interim licensee. 21. Completion of initial development. 22. Gmat of final liccnoc. 23. Terms of h a 1 licence. 24. Term of final liwnce. 25. Assessment of actual cost. 26. Payment of rental. 27. Payment of royalty. UI, Rewjsion of royalty. 29. Keeping of records and statistics. 30. Non-payment of royalty. 3 1. Payments made to Chef Works and HydrauliCa Ofticer. 32, Use of lands. 33. Licence not conferring rights to minerals. 34. Fm access to lad*' plr to be maintained. 8 35. Limited right to & c m&-!

Cap %AI3 Hydro-Eectric Po~ver

Citation.

REGULATION

36. Resumption of lands for public purposes. 37. L i c a e to observe certain staoda~ds. 38. Inspectioa of aecomt9. 39. change in plans. 40. Direction to instal mew, etc. 41. Failwt to meet public demand. 42. Securing d d a r & d~vclopme~lt. 43. Implied tern. 44. Expenditure returns. 45. Fair W ~ g m Rubs. 44. O h a n c c oflrim nf navigntinn, c@& 47. (1) Wam-powers not otGeeding 500 horse-power.

(2) Wabr-powers not exceeding 100 horse-power.

HYDRO-ELECT3lC POWER REGULATIONS

l, Thsse Regulations may be cited as tbe Hydro-Electric Puwer Regulations.

2. In these Regulations- "applicant" means any person who has Bled an appliabon for s

licence under thee Regulations; "find iictnce" means a Licence issued under regulation 22, aad 'W

liceasec" means the IawfW holder of a " h 1 ficencc"; "initial devcloprncnt" mms such portion of the &veIopment of the

undertaking m is s@kd in the inbrim tiame as Wing: q u i d to be completed before a final licence may be issued;

"interim ticcnce" mCadS a Iiccnce iwued in acoordt~no~ with the provisions of regulation 21, and "interim Iiceam" means the lawful holder of m iaterim licence.

3. (1) Any person desirous of applying for a licence to divert, store or use the waters of any river for the purpose of generating. electrical energy m y apply to the Chief Works and Hydraulics Oficer for a survey pennit empowering him to enter upon any public fan& for the purpose of +g such surveys and iavestigatians a- may be nccwaq for the preparation of plans accompanying his- mplicatioa but for no other ~mse, and the Cbicf Works.m& Hydraulics Officer may grant to such pemn a suwey perm~t as a f o d d .

Hydro-Electric Power Cap. 56:03 19 I.f.~sbyl.EY~~frk Ib-r ~ m h f o ~ * r 1su-I

(2) A sutvey permit may be granted for any period not ex- eecbg one year and may be renewed by the Chief Works and Hydraulics Officer on application made to him for further pcriuds n o t exceeding one year each.

(3) The grant of a survey permit shall not confer any priority -over othcr applicants for thc diversion of any water-power nor any ;special claim or right whatsoever in respect of the said water-power.

4 (1) Every person desirous of diverting, storing or using the Application. waters of any river for the purpose of generating electrical energy [l of 19721

may file with the Chief Works and Hydraulics Officer an application t o thc Prcaidcnt for a h n o e under the Act.

(2) Every applicant for a licence shall tile with the Chief Works and Hydraulics Officer a statement giving or aocompanisd by the lfollowing infonnation-

(a) the name of the applicant; Name. (b) his address and occupation; ~ddress, tic.

(c) the name of a clear description of the river, lake, or River, etc.

other water-course from which the water is to be diverted or wed;

(d) the place where the water is to be diverted from or ia Piacc of the said watcr-course, referred if possible to an established survey mark; also the place where the water is to be returned .or released;

(e) the maximum quantity of water, expressed in cubic feet xdow. per second, which it is estimated wilI be ultimately diverted or used under the licence applied for;

(f) the estimaled average head in feet which will be avail- -d. able for the production of power according to the plan of deveIopment now proposed; (g) the estimated minimum amount of energy expressed in ~ i n i m u m

horse-power which will be developed on thr: turbi~c shaft within five years from the date of the application or within -such other period as the applicant may state to be required for the completion of his initial development;

(h) the estimated maximum amount of energy cxprewd ~ I I ~axrmum horse-power which it is estimated will ultimately be developed S, on the turbine shaft from the waters applied for;

( i ) briefly the character and extent of all principal works WO+ whch It IS propose0 to COmffuCI for Ulverthg, wnvcying, ur r-Ttion. using the water oi atei jwer, including dams, raceways, canals, tunneIs, pipe lines and other water conduits, power-

LU Cap. 56;OJ Hy&o-Eke& Power [--l --P--

houses aad b.ansmia9ion ha; (4 rtftrtace to evcry dam give its appmximate maximum length and height, also its proposed type, and the material to h used in its construction); (j) if storage is iuvolved, the location of each late, basin or

other place in which it is desired to store warn; also, with refermm to each such plaoe the approximate o n m k of acres of lnnd which it is proposed to flood, the approxbab area in aoncs of the surface of thc mcwok whcn filled, thc tatimatsd v d d stomge range in foct, and the total capacity of storage contemplated in acrc-feet ;

(k) a reasonably accurate description of the area in acres of thchSwhichrtqUirctobc~pi~~usedinthccorasa~c- tion, maintcnana or operation of the pmpased works, noting ~ k l y lands required for rights of way and lands which are to be f l d -

(Q within S&tc Laads, (ii) within Government Iands, (i i i within privately owned lamb;

plum. [l) general layout p h and data prepared in accordance 4th the provioioas of rogubtion 7 ;

Neighhiring (m) the n m t neighbouring works or stmctws corn- Works. plctcd or h coutsc: of c o a s ~ o n , both above and below the

place of the proposed diversion, for diverting or using water for MY purpose fiam the aams mrrroc of oupply a d the ap- proximate distance and diraetion of each such works from the proposed works; aLso the namea and location of m y other works or S- whatever (including bridges, d w a y s and d) w W might affect or be d d by the construction, mahimmce or operation of the proposed works;

In) the approximate ddmrgc in cubic feet per second, at or near thc place of diversion of the &m, lake ot other murce from which the water is to be d i v e d at hi&, medium and low water stages respestiwAy, also copies of any existing memmmmts of the flow of the stream in the applicant's p o d o n a d a nferem to all other such measucements of which the apficaa~t has howl*;

(0) briay an outline of the undertakhg in respect of which the l i~~nce is desired, including the use to which the power is to bt applied, any sate, delivery or transfer thetoof oth* tban to the applicant which is oontemphted, the area, if any, within wbich guch h, delivery or transfer is to be m d s e d the probable demand for power within such area and an tstimte of the capital cost of the entire undertaking;

(p) the hanc id standing of thce applicant with rcE4mnce to his ability to carry out the propod m*;

Hydro- Electric Power Cap. 56:03 2 1 ~y&o-Uectric power Re@ationa -1

(g) if the applicant be an incorporated company, the state- homrat ion ment shall, in addition to the foregoing information, set forth-

(i) the names of the directors and officers of the company, and their places of residence;

(ii) the head office of the campany in Guyana; (ki) the amount of capital authorized, also the mounts of

subscribed, and of paid-up capital, specifying in regard to the latter-

.(A) how much has been paid in cash, and (B) ia what manner the balance has been paid for, also

the proposed method of raising further funds, if required, for the c o ~ ~ o n and operation of the proposed works ; (iv) wpy of the spccial instrument of inoorpomtion or

the memorandum of association and a statement setting out the paTticular sections or parts thereof which authorized the company to make the application and to carry out the proposed undertaking.

(3) All elevations given in connection with the pIans or other information fled by m y applicant should be referred to mean sea- level datum, or to a datum acceptable to the Chief Works and Hydraulics OEcer.

5. Forthwith upon the filing by the applicant of such data as is ~ s e , ,required by these Regulations he shall pay to the Chief Works and [l oflW2.l Hydraulics qffioer a fee of one hundred dollars (St(XJ.00).

6. The Chief Worka and Hydraulics Officer may, at any time while W W& an application is pending, irrespective of any other requirement of thae Regulations, d for such additional plans, descriptions, may q u i r e measurements, specifications, or other data (whether related directly or indirectly to the proposed works and undertaking) as he considers p of 19721 necessary, and the same shall fwnished by and at the expense of the applicant; provided tbat no further mng fee sbaU be payable in respect of such additional data.

7. (1) The general layout plans and data shall be such as in con- junction with the data already availabie wiU enable the Chief Works rOrsTil and Hydraulics Officer to determine whether the propose works are of suitable design to accomplish the purpose intended, whether the proposed development is in general accord with the most beneftcial util-tion of the resourss of the stream, and whether the proposed undertaking is feasible -nd ,cticable md in the public interest,

L.R.O. 111973

Cap. 56*3 Hydro-Electric Power s~+m~*rl. . m"- ~~,. l~nn.. .

and such plans shall further conform to any requirements of the Chief Works and Hydraulics 0Ili.cer not inconsistent with lhese Regulations.

(2) The said plans and spedications must b~ carefully prepared, being based upon actual and thorough surveys and invesligations on thc ground. Thcy must bc in suflicicnt detail to cnablt thc Chief Works and Hydraulics &r to determine exactly what i s proposed to be done by the applicant, and must show the position of the proposed works with reference to surrounding objects, so that the exact sopc of what is d c s i d may bc dplocated and ascertaind. They shall show what provision is made for navigation, logging, and d e r interests. Tbey should ordimtily include the foUowing item but the applicant may be excused by the Chief Works and Hydraulics Offiar in writing from supplying some part or parts of the infoma- tion called for by this regulation:

(a) a g e n d map with scale so seIected as to clearly dehe the location of all dams, rese~oirs, conduits, power-how and other works, except trammission lints;

(b) a cross-section of ~ach dam-site along the centre line of the proposed dam with graphical log of each boring, testpit, or other exploration, and a brief strrtemmt of the chatacter and dip of the underlying material;

(c) plans, elevations and crowsections of the dams showing spillways, sluiceways or sluicepipes and other outlet or control worlm, also of tnc ouler principal snucrures wntch may UG required ; (4 a salisfactory coatour map showing the proposed

power-how and other works; (e) a satisfactory contour map of the entire water conduit

loc8tion and also plans, devations and crosssection of each type of water conduit;

(f) a satisfactory contow map of each resmolr ate showing the amount of flooding involved, the location and cbatactcr of each proposed dam and of other contingent worh;

(g) a map of the survey of the proposed final location of the centre line of all main transmission lints to and including the receiving stations;

(h) said plans or maps IM in wery show thc location and area of the lands which m required to be occupied, used, or fl& h wmection with the propod works;

Hvdro-Electric Power - C~D. !56:03 23

(i) a general report outIining and describing the plan by G C W ~ I which the applicant proposes to develop the wata-power. TAg- Such report shall set out-

(i) the dams, weirs, tunnels, races, flumes, ~luioes, p!ts Scope of

and other stwtwes or works which it is proposed to bwld or make in connection therewith;

(ii) the form in which the power developed is to be used, i.c., whcihcr h r dirwt rncc~Ica1 connection, generalion of electricity or otherwise, and for what purpose it is to be used;

(id) any other data necessary to a Wl unders~ding of the nature of the undertaking;

(iv) the natural height of the fall or rapid; physical data.

(v) the extreme high and low water levels at the power dam site and the power station site, and of all bo&ies of water proposed to be used as storage reservoirs;

(vi) the Aow of water in cubic feet per second at the high, low and average stages of same;

(vii) the estimated capacity in horse-power of the fall or rapid in its natural d i t i o n at the average low stage of water;

(viii) the area and avaiIable capacity of each proposed storage reservoir ; (ix) the estimated percentage of s t m - f l o w to b made

available from storage; (X) all other data n-sw to a full consideration of the

natural features of the site or sites of the proposed works; (xi) the estimated total average effective h d it is pro- construction

p o d to develop ; data.

(xi;) the height and full description of any dams or weirs, which it is proposed to construct;

(xiii) the increase in the level of the water to be brought about, and the area and charader of Sands to be flooded by such dams or w c h ;

(xiv) the eEectiue discharging capacity of such dams or weirs and the type of the proposed control works;

(xv) the length md full description of the proposed water conduits;

(xvi) a full description of the power station including the type, number and rated capacity of the water-whets and generators 'OPT t to k used, both h the initial a d in the fiaal developnmt;

24 Cap 56$3 Hy&~Bdectric Power i-l H + ~ c POW &datim

Field wtcr.

{xviii the probable load factor of the power system; (xviiii thc 1- in miles and a full description of all

main transmission lines; (xix) al l other data nwxssary to a W1 conslderaboa ol

thc proposed works; Ci) the report mentioned in the Iast pfBOBdiOg paragraph

W in all cases be accompaaied by preliminary estimates of cost; (k) copies of field notes of the entire survey of water wn-

dwts, trammission lines, exterior boundaries, powerhouse and reservoir sites, or of such thereof as the Chief Works and Hydraulics m c e r may require, tied in wherever pogsible to the existing system of the h d Sweys;

(l) if there arc other works alrtady constructed or in course of construdion id the neighbourhood of the propod works, for d i e or using watm from the same W tribumry streams, the said plans shall indicate ths location md give the distance from the proposed works, of the warcst of such other existing works both above and below tbe proposed works, and, if a power development, the normal elevatiofl of the head- water and tail-water thereof, or if other than a power develop- ment, the elevation of the sill of the head-gate or head-gates, sucb eievatiom in every mse to be referred to the same system of elevations as are used to designate elwatlons at the site of the proposed works; and if there are any other works or structwes, such as bridges, railways, highways and &S, or any other public or private works wbittsower which might aE- w be affected by the constru~tiun, mahtemce or apzmion of the pmped worb, the said plans shail indicate the location and set out the go& dcvations of such other works or structutes.

(3) The said maps, plans and s ~ t i o n s shall be signed by a professional engineer of recogdd standing, satisfactory to the Chief Works and Hydraulim OBicer, and shttfl be ad with the Chief Wnrlca and Hydraulics €%m. Elevations should be tied in to mean sca-level datum or to a datum acceptable to the Chief Works and Hydraulics OfEcer.

~ w C A T I O N AND oRlECl7ONS

~ l w o i a a 8. (L) Forthwith upon the filing by the applicant of such data as is d ~ l i a - r c q d by thme Regulations snd in every case b e f i thc issue of a ticlar. 11 d r s n ] licence in favour of the applicant, the Chid Works and Hydraulics

m cSlall cause to M published, in three su-ive issucs of tfit Gazette a notia of the apptication.

Hydro-Eloctric Pourer Cop. G 4 3 9-5

Hyclro-Electric Power RegularIons ~~~

(2) Such notice shall be marked at the top in plain letters "Hydro-Electric Power Application", and shall be in a form approved by the Chief Woks and HydrauIics Officer, and shdI give substan- tially the folIowing jnfomation :

(a) Name and Address of applicant; (b) Date of application; (c) Name or clear description of source of supply; (d) Place of diversion clearly described; (e) If storage or pondage of water is contemplated, the place

of storage, the apacity of the intended reservoir, and a general description of the lands which will be floodad;

Cf) Maximum horsepower mpacity of proposed plant: (g) Nature of the undertaking and utiIizatian of the power; (h) A statement that the application has been filed with the

Chief Works and Hydraufjcs Officer, and that objections may be filed by any interested party with the Chid Works ancl Hydraulics Officer;

( i ) Such other information as the Chief Works and Hyd- raulic&Wfmr may decide.

9. (1) Any person may, within twenty-one days after publication oworu. of the first advertisement, lodge with the Chief Works and Hydrauliw 19721 O f b r a petition to the President objecting to the grant of Iha lice~lce.

(2) Bycry pdriun shall surt ; bhorrly #JIG &rouu& of ubjcstiuu to the grant of a licence and shall set out the address of the petitioner.

(3) The petitioner shall Idge wit& his grounds of objection a ~htutwy declaration containing the material facts an which be relies in support of' his grounds of objection.

(4) The petitioner shall, within two days after lodging the petition and statutory declaration, deliver a copy thereof at the registered address of the applicant.

10. ( 1 ) The applicant may, within fourteen days after delivery of AUSW of the petition, lodge with the CCef Works and Hydnutim O h r - ?prn

(a) an answer to the petition stating shortly the grounds on which he relies; and

(b) a statutory declaration setting for& the material facts in support of such grounds.

11. Any objection entered in amrdance with these Regulations m- .hall be considered by the President and SW bc determined as he %gtim shall consider fit, and, bjaF hereto, the -dent may issue an interim licence to $be applicant ror carrying out the said development.

0% 56103 H ~ h E k c t r k Power

12 Every interim kencc for the devcIopmeat of cr water-power or storage undertaking under t h e Regulations shall set out mculars and lay down requirements, m so tar as applicable to the cm, with respect: to the following mattcrs :

(a) a rk 4 \ I nr &MS giving- (I) the name and addrew of the interim licensee and date

of his application; (ii) the name and location of the power or storage site,

the statcnmt thatlands~rwa@ arercquiredtohed ar <woupbd i4 a u q h g out thB ~~ and brie3y the mturc of the works and m- proposed for the dove10pment of tht said site; also a refmmx tQ any plans or data on fde and when filed in which the said work$ and undudchg ara more fully shown or d d b e d ;

( i the date of eacb permit and extension theof whi& may have been issued h favour of the interim licensee and a statement whether the requLtrnc11t.s thcreof and of tlat Regulations have bcca fully cemplicd with by 8Wkk interim liansce; (b) the time within which an hit% dwelopmenc of the site

mpable of producing and having available for bentfioial use a stated minimraa ILZUUW~ of h o ~ ~ w c r mcaarucd on the turbine shaft, or in the ~ I S C of s storage undwbkhg, capable of storing a speci6cd quantity of water, SW be cornplW, such initial &veIopment in every case to r c p m t substantial propss tow& tfie aomplotion of thc dcvdopmcnt of thE site as outlined in the plans approved by the Chief Works sad H y ~ ~ of6cer ;

(c) a general statement with fespsct to thc lands which the intcrhn hceasce m y , for rhc timc belng and subjed to thr: provisions hcdoaAer set out, enter upon, tls~ or occupy for making m e y s add iavestigations and constnrcting works; (6) the amounts of river-flow, if any, which my be

temporarily divert& d or s t w d under tht interim licence, pending the issue of a lictna;

(e) the snm or mm to be paid as ~tntsls or royalties for the lands occupied or the waters usad duhg the life of tfie interim licence, also the times and the m a ~ c r of the payment thereof;

(f) the amount of the bond, if any, requid to be deposited by the iatesim t i m e m security for thC performance of the tams and conditions of the interim liamct;

Hydro-Electric Power Cap. 56:03 27 Hydro-Electric PO ww Reg~hions I-3

(g) the issue in favour of the interim liceme upon the m ~i-. completion of his initial development and obsvvance and onfummt* f u l h e n t by him of all the terms and cunditions required by the said interim licence and under these Regulations to be by him obsemed or fulflled of a h a 1 Iicenc. for the use ar storage of water, for the development of energy therefkom, for the utilization of such energy, and for the use or m p a - tion of lands which, in the opinion of the President are required for the propw maintenance and operation of the works; and a stgtement of the principal terms, which, subject always to thwe Regulations. will be m W e d in such W licence when issued, includ'mg-

(i) the maximum flow or quantity of water which may be diverted from timc to time at the place of diversion, and wed from time to t h e at the place of use, respAivdy, under such 5d Licence; and if storage is invohed, the maximum capacity of s t o r e permiaib1e from time to time at each storage site; subject in either case to tbe control and regulation of the stream-flow and of users on the stream as hereinafter provided; (U) a brief description of the wdet.taking h rapect of

which such h1 Iicence is to be issued, including the use whi& may bc mado of tbc powcr or stornge, whether power may be sold or delivered to or used by other than the applicant, and if so, the territory within which such sale, delivery, or transfer of the right of use may be exercised;

(iv) the s u m or sums to be paid as rentals or royalties during the period of the fbl limc.e for waters used or stored and for the lands occupied, respectively, or for any o h privilege granted;

(h) any other special terms and muditions which, subject sperial always to these Regulations, may be imposed by the President.

13. Every interim or k a l licence shall be deemed to incorporate bcmom- and shall be subject to the provisions of the R.e@lations in force don at the rime of the issue of such mterim or final liocnce in so fat as applicable to the said interim or fhal licence without restatement of tha said provisions in such interim or final licence, and shall aIso be subject to such other stipd8tians, provisos and conditions, not inconsistent with these Regulations, as the Fwident may impose.

14. Forthwith after : exp -'don of the interim licence the interim ~ommencs

ticwsee shall comenk the b & m t i o n of the said worh and sherIl =,. I.. R 0. 113973

Temporary mlum of rights.

Inspadion d u t q con- S ~ o a . 11 of 19721

Cap 5 6 s Hydro.Hectric Power H ~ E l c c l r i c POW &gLitcUi0~

budkr withoul htaruptiuu, arxpt such as m y bc occasioned by act of God or 0 t h major awe beyond the control of the interim lianset (other than want of funds) aury on d complete thc mastruction of the said works accarding to the plans and specifi- cau'ons as so qpmvod, and subject to the lenns of Ule iriteriru 1im1w and of these Rqgdatio~~.

15. Only such interim rights of entry upon or of we or occupation of any hnds ahnll be nquired by virtue of any ininterim limnce executed under thex Regulations as m y , in the opinion of the Residtnt, be n e a s u y for the purpose ofaaking surveys, preparing maps and plans, constructing works and otherwis% carrying out the tcrms of the interim Iioenoe. The W n t may, from time to time, as plans and information are filed showing the extent and scope of the works and undertaking of the kiterim licensee with greater pmision than was possible when the inkrim licence was executed, desigmate, allot, amend and Iimit the areas of the said lands which the interim licensee is permitted to entef upon, W or occupy for the purpose aforesaid.

16. The interim licensee, before making any m t & l change in the plans as approved, or in thc works aonstmcted or under con- struction in pursuance of his l i m a or in the location thereof authorhd shall submit a complete and satisfactory statement and plans of such pmpaopossd change to the Chief Wnrks and Hydmulicx OiJicer, and shall not proceed to carry out the same until such proposed change has b n authorized.

17, (1) T h e Chief Works and Hydraulics Officer. or the Engineer or any person a u i h o ~ by either for that purpose s h d have fm - at all times to d parts of the lands being occupied or of the works being constructed by any interim licensee for the purpose of awed&&& whether the m e and conditinns nf the interim l i r ~ n r ~ are being satisfactorily carried out by the interim licensee, and in particular whether the construction of the work is in accordance with the plans and spifmtions approved as hereinbefon provided; also fot the purpnre of rbscking and tnkine nnte of mnstmction-mst data: for which purposes the contractor or any sub.ContCaCtOr shall give the ptrson so authorbd for the purpose access to figures in the possession of such contractor or sub-contractor at all manable times.

(2) The iaterim licensee shall abide by, oonfonn to and carry out all reasonable written instructions of any person inspecting under paragraph (l) rcm the construction of all works in ~ L r w x with ilrc plans and spcdhtions approved ua herein-

Hy&o-Ekctrk Power Cap 5633 29 H)&+EItrtric Power RcguIat~s [-l

before provided, and in case of dispute, regarding the reasonableness of such written instructions, or regarding the requirements of thc plans and specifications, the President's decision shall be final and conolusive; and in case the interim licensee does not abide by or conform to and cany out the said written instructions the President may cause the interim licensee to suspend all operations with respect to works herein mentioned until the President gives instructions .to reaume the same, and in the case of continued refusal by the Intern ticensee the President may cancel the interim licence.

1% The interim liensee shall submit such reports of progress Repnrtn.

during construction of the said works as the Chief Works and 1' Of '9721 Hydraulics Officer may from time to time require.

19, Subjcct to thcso Rcgulationa, thc terms of any inbrim liccncc ~ r l u ~ u t

may be amended by a supplementary licence granted by the President ; :&? and plans and specifications previously approved may be amended with the consent in writing of the President, but my such a m h a t &all affcct only the portion spccfically covcrcd in such aupplcsnentnry licence or writing, and shall in no case operate to after or amend or in any way whatsoever k a waiver of any other part, condition or provision of the original interim licence.

20. (1) If the interim limnsee fails to commence the actual can- Ptfa,dt by S-on of the initial development in good faith within the time S. required under his interim licence or fails to make substantial: and 11 of 19721 satisfactory progress in the fist year of the period allowed for.the construction of the said initial development, the President may cancel the interim licence.

(2) If the interim licensee fails to expend on the initial develop- ment within any of the stated periods set out in his interim licence, the amount required by such licence to be so expended, or fails to campiete the said development within the time speifid, or fails to -=ply with any othar term or condition of his intedm licence or of these Regulations, his interim licence shall be subject to cancellation by the Resident after a full report has been made on the matter by the Chief Works and Hydraulics Officer and after sixty days' notice has been given to the interim licensee.

(3) If such failure occurs subsequently to the time when the licensee has expended on the initial development one-fourth of the total amount that the licenr -equ;--S shall be expended, b e interim licensee may appeal from tl., dec. dn of the President to the High Cow.

Cap. 5 6 a Hy&o-Eectric PO wer

21- (l) As soon as the interim licensee 4as completed his initial dcvelapmcnt and otherwise M l e d the terms d bis interim limcc he shall file in thc office of the Chief Works and Hydraulics Officer written notice of such completion and fidhent.

(2) The Chief Works and Hydraulics 0-r shall thereupon, except in the pmvided for in the next following paragraph cause an inspction, md if amswy a survey, of the works con- structed or used and of the lands and waters used or occupied in connection with the undertaking to be made.

(3) In thoae case where the cbiet%Works and Hydraulics Officer deezns inspection unnecessary he may require the interim licensee to file not later than sixty days after the expiry of the time fixed for such completion, proof of the said compIction md fuIfiheiic by a statutory dwkatioa

(4) Upon c m p h on the part of the lioensee with the requirements of the foregoing paragraphs, tbc Chicf Works and Hydraulics Oflicer shall determine a date which, for the purposes of thcsc Regulations, shal l h thc date of completion of the initial development.

THE FINAL LICENCE 22. (1) Upon the completion of the initial development acmrding

to tbc pl- pYiOudy a p p r o d Pnd upon fdiilmont Pnd amplion- otherwise with ail the terms and conditi~m of his interim licence and of such d tbe pviJons of rhese Regutations as are apprimble to bis am, the interim licensee shall be entitled to the issue in his favour by the Resident of a final licence authoriang tb diversion, use, or storage d water at the site in question, for the development of energy tbdrom, for the utilization of such energy, and for the occupation or use of the I=& which, in the opinion of the President,

t o q u i d for the proper maintonanca and opsration of the works. (2) Upon the grant of any W licence atl right3 held and

obligations assumtx? under the interim licence shall cease and d c ~ c .

U The W licence shall embody the tenns which were set out h the interim licence for incorporation into such final licence, and such other terms and conditions, not inconsistent with the re&ulations in fnrce at the time of the issue of such final Lima. as the Fresidmt my impose, including in so far as applicable, tbe foflowhg particulars:

Recitals (a) a recital clause ar clauses, giving- (Q the name arrd r rdd~ws of thpt liocnspe:

(h? the name md location of the power-site, with particu- lar d a n c e to the waters of the State whose use is requid

Hydro-Electric Power Cap %W$ 3 1

H&o.Uectric Power RcguIdions [S-]

(iii) a reference to th0 interim licence which authorised the construction of the works and any amending licence issued, and a statement whether or not the conditions thereof have been fully complied with; (b) the maximum flow or quantity of water which may be wa*

diverted from time to time at the place of diversion, and used from time to time at the place of use, respectively, under the licence; and, if 8torage is involved, tbe maximum capacity of storage permissible from t h e to time at each storage site, subject in either case to the control and regulation of the stream-flow and of storage in the interests of all the users on the stream as hereinafter provided;

(c) a statement setting forth cIearly the position and extent of the works authorised to be maintained and operated under auihorW. the licence; (4 an accurate description of the Iands which may be u u a

entered upon, used or occupied for the maintenance a d r#luhd. operation of the said works, setting out separately Imds in any d the following classes :

(i) lands not covered by water required for main diverting works, power-houses, etc. ;

(ii) Iands oovercd by water required for t h said pur- PUJGP 9

(iii) lands required only to be flooded in connection with the storage or pondage of water;

(iv) lands required only for the rights of way for water conduits, transmission lines, etc.;

(v) W, X any, r e q W for substations, distributing stations, t e rmid stations, etc.; (c) a brief description of the undertaking in respect of which

which the licence is issued, including the we which may be authorind. made of the power, whether the power may be sold or delivered to or used by other than the licensee, and if so the territory within whidh suoh sale, delivery or transfer d the right of use m y be exercised; (f) the term of the final licence; T m .

(g) the sum or SW to be paid as rends or royaltie6 Annual during the period of the licence for waters used or stored and mu'. for the lands occupied respectively; or for any other privileges

24. Every lime shaH be limited to such term not exceeding Wty years from Ihc time fixed in the original interim licence for the complEtion of thc hitinl dmtl-t. as may bc a& upon between the Resident and the li-.

25. For the p- of the Act Cha actual cost of my undertaking or of any addition thereto phail be arrivad at by into account thc achralkgithnate~t ofmy w&mnscBndusefulfor the pwpma of the undertaking at the time that any particular inquiry is being madt, and shalI ordinariIy Mu&

(a) the cost of engineering &cm appertaining to the constmchn of such dtvclopment and w o r k

(b) in- during c o c m e ,

(c) taxes and insurance during construction, (d) contractofs profit, (e) thc pufch~w of equipment, Cfl the wst of roads, dmys, Jaings, or othu essential

works undertaken and carriad on soIcly in thc c o e a of such devtlopmcnt or works and not indqmdmtly profitable,

($1 suca other cxpencltm as arc nccemary and inbmot i m s of construction;

but shall in no arse includc- 0 promotion trrpensts. (3 the a t of underwriting, sellins, or diswing of

stacks and bonds.

26. The w u a l mtal shall begin to run ftom thc date on which t h e i n t a i m ~ i s ~ . T h c ~ p a y m e a t t b c r a o f ~ 1 b c f 0 r Lbt pad of the yatr bttwm the said date and the end of the then ammt calendar year. Subsequent ftrltals shall be payable in advaace on or More the second day of January in cach year during which &c interim or final licence is in fora.

Z7. (1) The licensee shall from the date on which the Chief Works and Hydraulics O£f~ccr c e c t i h the compIGtion d the initial develop mcnt(bcingadattfromaad~~&tcWhtbein~Li~ for this &cl oompfetion) pay such amounts (hedmafter called "royalty") calculated in accordance with the terms of the liccnce and these Regulations.

Hydro-Electric PO wer Cap. 56 :03 33 Hy&o.Elecirrc Power Rcgufurfo~~~ L-1

(2) Payments of royalty shall be due quarterly in arrears on the first day of April, the b t day of July, fhe 6rst day of October and the h t day of January.

28. The royalty rate shaii be subject to revision every five gears wlm o~ after the first quarterly payment provided that no upward revision ro@@. of the said rate may be m& if the licensee has submitted his accounts for exadnation by an accountaat qualified to be appointed auditor of a company under section 121(8) of the Companies Act, and it is G. 8931 established to the atisfadion of the Resident W the proposed revised rate would not be justified in all the cimunsuinca of the GISC:

Provided that the Resident m y in any particuIar case approve a fixed sum for royalties for the term of the licence.

28. The licensee shall keep all necessary records and statistics of ol the undertakings and shall supply to the Chief Works and Hydraulics Oftier all such data and information as may be required by him; and p of 1gjq a h d pcrmit m y duly authorised representative of the Chief Worh and Hydraulics officer to inspect such mtttrs and instnuaents of the licensee as he may deem nacesmy for the pwpose of ascertaining the royaIty payable.

30, (1) if the royalty is not paid within sixty days of the date it NO^ p. &Xi becams due, interat at the rate of six per cent per annum shall be ,9723 dded thereto, and the total amount shall bear interest compomded annually at six per cent pw unnum from the latest date until paid.

(2) The royalty together with the six per cedt addsd by way of penalty and interest as above provided shall be the Wt lien or charge upon the entire water-power development, the p r o m , ssscts, ~ e n b aud r m n u e s of the liansco.

(3) If any royalty remains unpaid for more than one year &c the latest date when it becomes payable, the licensee shaU be given notice thered by the Chief Works and Hydradim 0 k e . r and if not paid within mty days after such notice has beem given, the Chlef Works and Hydraulics Offmr may-

(a) request the Attorney-General to sue in my court of wmpctent j ~ i c t i o n for the amount thereaf togethcr with the six per cent penalty and interest as above provided;

(b) take such action as is provided for cases of default under the Act or thcse Regulations.

(4) The acceptawe of any payment shall not be dbemad to be a waiw of any antei mt m tben subsisting breach of m y of the kmm or conditions which have been accepted by the h-.

RuJ4wyllw afhadr far public Purpak

Cap &:D3 iYy&o- Electric PO wer H p b E l m r t c POW Regvlarianr

31. All payments required to k made by the licensee shall be mad0 to tbe Chibf Works and Hydraufiw Officer.

32. Every !&nu rhatl be valid and dfectivc to authorh CULT).

upon and use or occupation of any h& specified therein only in such manner and to such =tent and for such length of time as may be mccwry for thc purpose of c o n s ~ g , maintaining and operating tbc works authoritc$ to h wmtnrcDod, maintained a d optrated under this liowce, and the liccmql&a8 carry on operations under the Iicenoe to the satisfaction of the Chief W d s and Hydrau- lics Officer.

33. A licence Hhall not confer on the licensee the right to gay gold, siIver, or other metals, m i n d s , ores, bauxite, rock, g a s , or precious stones, coal or mineral oil in or under tht Imd l i c m d which dhall bc savcd and ~ c d to thc State with Ohc rjght to cntcr upon the Iadd licensed to search and mina therefor, subject however, to tbt right of the lhnsee to receive compensation for m y losa or damage to buildings occasioned by such sesrobing and m i n i n ~ the ntnount of auah oompena~tion to be a d by the Chief Worka and Hydraulics Offiwr.

34 The lice- &all not by any operatim ander this licence impair the fm s c e a to aay landing p l m in actual at the date on which the licence was granted h any river or waterway, nor in any way inttrfm with or prevent any person whomsoever ping to or from such landhg place as aforesaid or any pcrson now or ha rdk r holding lands on the banks themof using any river or waterway for dmhge purposes or for any other putpose for which such person or pmons may Iuwfully use the W . 35. tiaasa may cut such timber from tbo said lands as he

shall require for the purpose of constructing, maintaining and o p t @ the wmb authorbed w u k this Ymce subjtct to my Act or Regulations for the time being in force relating to timber on Stare land or State forest and pa-t of royalty tbrmn but no MW and shall furnish true and proper returns of the timber so cut to the Consemtor of Fomts.

36. If at any timr during cb. kna efa fiwam any part or p- a l the l i d area arc required for the purposts of any towaship or villrlgk road oe tailway or for aay o k pubricpqme whatsowet it shall be lawful for the Preident (the Ii- having bea noti6ed

Hydio-Electric Power Cap. 56a3 35

and having thereafter received six dendar months previous notice of the intention of the President in that behalf) to cause to be with- drawn the part or parts of land so required and the licensee shall be entitled to compensation to be assessed by the Resident for all damage caused to him as a result of such withdrawal.

37. Every licensee shall at all times instal and use first-quality, I;-~o

modern, standard works, piant and equipment, giving consideration % to requisite suitability of design, safety, strength, durability, efficiency, and all other relevant factors whatsoever, and shall maintain the game i* good repair and condition, and shdl exercise all due ski11 and diligence so as to secure satisfactory operations thereof.

38, (1) The Chief Works and Hydraulics Officer or any person mmion rrppoin(bd by hiru fur Ihr; yurposc 9hal1 b v c £W accws to dt partd $oCy$y of the works, lands and property of the licensee and all books, plans, recur6 or accounts wecl in maBBOti0n W& or a&cthg the under- taking heunder, a d may from time to time make measurements aud ubscrvatiow a d tab sUCh othcr skps for carrying ~ u t any enquiry as may be considered necessary or expedient in the operations under this licence.

(2) The hdings of the Chief Works and Hydraulics Officer with respect to the quantity of water diverted, us4d or stored, or capable of being diverted, used, or stored or the amount of power developed or capable of being developed m& the authority of the licence SW be conclusive and binding upon the licensee.

39. Every licensee, befm making any material change in any c h g e existing works or in 16s location, shall submit a wmplete and satisfactory statement and plans of such proposed change to the Chief Works and Hydraulics (Mica, and shall not p r o d to carry out such change until the same has been approved.

40. Every limwc shall whm required by the Chief Works and Dipxion Hydraulics Of6cer so to do, instal gucb meters, measuring wires, guages or other approved WCCS as may be adequafc for deterrrrrmag

. . [l of 19n]

the amount of water used or power developed in the operation of thc works, or determining the flow of the stream from which water is 'being diverted, and for ddemhing the amount of water heId in or drawn from starage.

41. Upon a report being made by the Chief Works and Hydraulics Failure OSmr that a liw E he- qot developed the mount at' power for 'a- khicb there is a public anand and which muId be reasonably D af1W2l

dcvclopbd from the flnw of water granted under his li-W or convollad by him, the W d e n t may order ~uch licensee to develop and render available for public use the additional amount of power for which there is, in the opinion of the President, a public demand, up to the full extent ps ib le from the amount of water granted udar such licence or controlled by such licensee and within a period to be fixed by-& Resident, which period shall not be lcss than two years after such license or the person in charge of the existing works SW have h n notified of such order: and in default of complianae with such order the provisions of the Act for the canceIIation of licences shall apply in respect of such default.

42. 11) The President may authorise the Chief Works and Hy- %T Of draulics Officer where it ha& been nportd that an enlarged or more comprehcnsivc devdopmmt af any Watsr-power may be wtablighed m t .

11 d 19121 at or near the site occupied by the tiomsee, to of& to thc licenm a further licence in addition to the existing lictaoe for the carryiug out of such mlargad or more comprehcmb dev&pwt.

(2) If the liocnsbc fails, within twelve moaths after such 0% of a licma is made, to accept the same, and in good faith to begin and carry on to completion such mew dzvclolnncnt, then in s ~ ~ c h case, the President may order the existing licence tcmhtad:

Provided, howcver, that the licmstt shaIl k subject to cornpem- t i o n a s o n t h c ~ r y O f r h E h u .

h p l i a m. 43. EVW licence hrll be *ad b fiavc bctn executed on the condition that the lictnsec Wl-

(a) divcrt, use, or store the warn authorised to be diverted, USbd, or stored by him in such a mamcr as not to inrdero, in the opinion of the President, with the maximum advan- t a g e ~ ~ ~ ~ &dopmmt of the power and other mmes of h river upon which his works arc lmtad;

(b) conform to and oomply with any orders in respect of the control or regulation of the flow of the waters of such r iv~a%~ybemadcfrornt imetot imcbythePtea~ntor any person authorised by the President in that behalf;

(c) at no time cause or permit the surf~ levc l of the waters of such river or of any stosrige menoir opereted by him to be

or lowered beyond the limits which shall bc 6xcd from Lime tn time by the President or by a person authoikd by the Resident in that bhalf.

06 m l i w SW keep a tnre and detailed aamunt of all nturor. - W t - in mpect d tbe WO*. lmdr lad pmmes 11 d 197.4

Hydro-Electric Power W L ~ I ~ V ~ W d 8

Hydro-Electric PO rw Rcgulationr [wldbrgl

under this licence and shall file annually with the Chief Works and Hydraulics officer on or before the 31st day of March a return for tbe year ending the 31st day of December preceding, based on the said m u n t and h i p g an - Q ~ C thcnbf, such rcturn to be attested by tbe oath of the licensee.

45. Every licensee, shall pay to those persons employed in the Fair warn construction, altcration, cxtcrwion, maintcnanw and apcration of R h . the works authorised under this licence wages in accordance with the Fair Wages Rules or any Rules or Regulations replacing them and from time to time in force in Guyana h so far as they may be applicable to tbc liccnscc.

46. Notwithstanding any rights granted or approval given under O b a n c a any licence, the licensee shall comply fully with the written laws of of laws of

navigation, Guyana governing thc prcscwation of the puriiy of thc watcra, or stc.

governing logging, forestry, fishing or 0 t h interests present or future which might be affected by any operations conducted under this licence.

SMALL WATER--

47. (1) Applications for the &velopment of Stak waier-powers, Watct- tbe capacity of which, under the average usable flow conditions, does =' not, in the opinion of the Chief Works and Hydraulia offiw, 500 hors+ exceed five hundred horse-power, and which are not bed to be rri9f11 af primary importan* for c o m m W or publrc utility purposes, may be dealt witb under such special Regulations as the Pnsidcnt may make from tim to time, subject, however, to the following provisions :

(a) the licence-tam dull not exceed twenty years, and Term. renewals shall not exceed Bve years &;

(b) applications for renewal shall io every case follow the ~ e w d . procedure in force at the time such application is made, and the renewal licence shall in every #rse by subject to the laws and regulations in force at the time such licence is Lusd;

(c) upon the expiry of any term or any renewal, if the fkgiryop licensee either has not applied for or has failed to secure a renewal licence, the water-power development and all works and atrwturee oomacted therewith &U become the p r o m of the State without compensation to the licensee; but with the privilege on the licensee's part of removing from the lands witbin such period after the said expiry as may be approvcd all works and structure6 erected or installed by the licensee in o ;ecti with such power devejopment, which

LAWS OF GUYANA

38 Cnp. 56a3 Hydro-Electrlc Power

I-l Hydro-Wrk Power R t g u & h

can, with the consent of the Chief Works and Hydraulics Officer, bc removed without damage to the said lands;

m (d) thc h ' d e n t may at any b e . upon giving the licensee y w i m . one year's notice, cancel any ficena granted undet this

regulation, and resume full possession and con91 of the watcr-power devdopment and ail works, lands, and titructwes mnncctad t h d t h , or at the option of the President, of any part of such worh and struotures; --

don. (e) ~ompeasation, in such case, shall be paid to the liceaset

for the works, lands, and structures taken over, to the amouat of the wtua1 ob6t thereof, determined in acwrdanee with these Regulations together with such percentage added to such mouot by way of bonus, not grater than m per cent nor less than Lhree per cent of such amount, as may be deter- &cd by the Mini~ter.

Warm- (2) The Chief Works and Hydraulics CMlicer may receive not applicatiom for the development and W of any State water-powers,

F- the cap~city of which, under average usable flow conditions, does W. not d, in MS opinion, one h u n M horse-powcr, and which arc

not of primary importance for pubtic utility w c ~ m m d purpom; and may issue licenoes for the development and use of m y such water-powers, subject, however, to the provisions of subparagraph Ial, IQ, (c), (4 and (e) of the p1-W yarwa~h;

Provided that the cornpeasation to be paid to the licensee under the said subparagraphs (6) and (e) for any works takcn over if the licence shnuld be tt ' ted before the expiry of the term shall, in casts arising under this paragraph, be arrived at by agreement of the parties, or in the case of non-agreement, by the Minister.