Utilities Regulatory Authority (Amendment) Act 2017

The Utilities Regulatory Authority Act No. 11 of 2007 is amended as set out in the Schedule.

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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.”

(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;

(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.”

“(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

(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,

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”

“(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.”

“(3) Authority may prescribe procedures for Complaint and Dispute Resolution relating to consumer rights and obligations.”

(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.

(a) exercise the powers and functions of an arbitrator under an applicable contract; or

(2) The Authority is to prescribe the procedures and requirements for arbitration under this section.”

Delete “VT100,000 which is sought in respect of the alleged offence”, substitute “the maximum amount of the penalty imposed under the Act ”

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

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

Vanuatu Sessional Legislation

Utilities Regulatory Authority (Amendment) Act 2017