Seychelles Energy Commission Act

Number of Act: 
5
Date of promulgation: 
26 April 2010

 

 

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CONSOLIDATED TO 30 JUNE 2012

 

 

Act 5 of 2010

LAWS OF SEYCHELLES

 

SEYCHELLES ENERGY COMMISSION ACT

[26th  April, 2010]

 

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

1.      Short title

2.       Interpretation

PART II - SEYCHELLES ENERGY COMMISSION

3.      Establishment

4.      Object

5.      Functions of the Commission

6.      Powers of Minister over Commission

7.      Appointment and functions of the Chief Executive Officer

8.      Employment of staff

9.      Funds of the Commission

10.    Separate funds

11.     Power to borrow money and charge property

12.    Accounts and audit

13.    Business plan

14.    Annual report

PART III - THE BOARD OF THE COMMISSION

15.    The Board of the Commission

16.    Tenure of office, resignation and removal

17.    Temporary member

18.    Meetings of Board

19.    Remuneration

20.    Co-opted persons to advise Board

21.    Disclosure of interest

22.    Leave of absence

PART IV - TRANSFER OF ASSETS AND LIABILITIES

23.    Transfer of property rights and obligations to Commission

24.    Acquisition and disposal of land

PART V - MISCELLANEOUS

25.    Application of certain Penal Code provisions

26.    Protection of acts done in good faith

27.    Regulations

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1.            This Act may be cited as the Seychelles Energy Commission Act, 2010.

 

2.            In this Act —

 

“Commission” means the Seychelles Energy Commission established by section 3;

 

“Board” means the Board constituted under section 16;

 

“Chief Executive Officer” means the chief executive officer appointed under section 9;

 

“member” means a member of the Board;

 

“Minister” means the Minister responsible for Energy;

 

“renewable energy” means energy which is not depleted when used and includes energy obtained from energy sources such as biomass, hydro power, solar power, geothermal power, wind power, waves and tides;

 

“non-renewable energy” means energy which is depleted when used and includes energy from sources such as coal, oil shale, tar sands, crude oil, oil, natural gas and nuclear power.

 

PART II - SEYCHELLES ENERGY COMMISSION

 

3.(1)         There shall be established a Commission to be known as the Seychelles Energy Commission.

 

(2)        The Commission shall be a body corporate.

 

4.              The object of the Commission is to ensure the provision of adequate, reliable, cost effective and affordable energy while protecting and conserving the environment.

 

5.              The Commission shall be charged with the following functions —

 

(a)        to coordinate the development and implementation of a national energy policy and strategy;

 

(b)        to formulate a national energy plan;

 

(c)        to advise the Minister on all matters relating to energy, including renewable energy;

 

(d)        to implement and enforce the energy supply laws, to review other laws relating to energy and to make recommendations for new legislation to the Minister;

 

(e)        to promote energy efficiency and conservation of energy and the use of renewable energy;

 

(f)        to promote research into, and the development and the use of, new techniques relating to extraction, production, transmission, distribution, supply and use of energy;

 

(g)        to encourage and promote the development of the energy industry including the related capacity building;

 

(h)        to collect and maintain energy data, produce national energy statistics and fulfill any requirements for reporting of energy and emissions data, as appropriate; and

 

(i)         to perform such other functions as the Minister may in writing assign.

 

6.              The Minister may give directions in writing to the Commission on matters of policy and general administration and the Commission shall comply with such directions.

 

7.(1)         The President shall appoint a suitably qualified and experienced person to be the Chief Executive Officer of the Commission, on terms and conditions approved by the President.

 

(2)        The Chief Executive Officer shall be responsible for the administration and management of the functions of the Commission in accordance with the decisions of the Board.

 

(3)        The Chief Executive Officer shall perform such other functions as the Commission may assign from time to time.

 

8.(1)         The Commission may employ officers and other members of the staff necessary for the performance of the Commission's functions on terms and conditions determined by the Minister in consultation with the Minister responsible for Public Administration.

 

(2)        Every employee of the Commission shall be under the administrative control of the Chief Executive Officer.

 

9.(1)         The funds of the Commission shall consist of —

 

(a)        moneys voted by the National Assembly for the use of the Commission;

 

(b)        moneys accruing to the Commission from its operations; and

 

(c)        moneys received by the Commission from any other source including loans, donations or grants.

 

(2)        The funds of the Commission shall be applied in —

 

(a)        the discharge of expenses properly incurred in the performance of the functions of the Commission;

 

(b)        the payment of remuneration to the members and employees of the Commission; and

 

(c)        the discharge of other obligations of the Commission.

 

(3)        The Commission shall open and maintain a bank account with a commercial bank —

 

(a)        into which shall be paid funds received by or on behalf of the Commission; and

 

(b)        out of which payments made by the Commission shall be effected.

 

(4)        Any withdrawal of funds from the bank account shall require the authorisation of the Chairperson or of the Chief Executive Officer and the member designated by the Board in that behalf.

 

(5)        The net profits of the Commission determined after meeting the expenses of each financial year and making provision for bad and doubtful debts, depreciation of assets and any other purpose which the Commission thinks necessary shall be dealt with in accordance with directions given by the Minister in consultation with the Minister of Finance.

 

10.            The Commission may establish and operate separate funds for such purposes and in such manner as may be directed by the Minister in consultation with the Minister of Finance.

 

11.            The Commission may, with the approval of the Minister given after consultation with the Minister of Finance—

 

(a)        borrow money in the manner and subject to the conditions that the Minister of Finance may determine;

 

(b)        mortgage or charge the Commission's property or other assets or any part thereof as security for any debt, liability or obligation of the Commission.

 

12.(1)       The financial year of the Commission shall be the calendar year.

 

(2)        Article 158 of the Constitution shall apply in respect of the auditing of the accounts of the Commission.

 

13.(1)       The Commission shall prepare a business plan and submit it to the Minister at least ninety days before the beginning of each financial year for the Minister's approval:

 

Provided that the first business plan may be submitted within the period specified by the Minister.

(2)        The business plan shall —

 

(a)        state the short and medium term operational objectives;

 

(b)        outline the strategies that the Commission intends to employ in order to achieve its objectives; and

 

(c)        include an operational plan, a financial plan, a human resources plan and performance indicators.

 

(3)        The financial plan referred to in subsection (2) shall include the estimates of expenditure and revenue for the following financial year.

 

(4)        The Commission may amend the business plan with the approval of the Minister.

 

14.            The Commission shall, as soon as possible but not later than three months after the end of each financial year, submit to the Minister an annual report dealing generally with the activities of the Commission during that year.

 

PART III - THE BOARD OF THE COMMISSION

 

15.(1)       The affairs of the Commission shall be administered by a Board consisting of not less than five and not more than seven members.

 

(2)        The Board shall consist of the following members —

 

(a)        the Chief Executive Officer;

 

(b)        a senior officer of the Department of Environment;

 

(c)        a senior officer of the Ministry of Finance;

 

(d)        four other persons knowledgeable in matters of energy and having suitable experience.

 

(3)        The President shall appoint the members of the Board and a Chairperson and a Deputy of Chairperson from among the members of the Board.

 

16.(1)       A member shall hold office for a period of three years and be eligible for re-appointment.

 

(2)        The Chairperson may resign from office by letter addressed to the President and the resignation shall take effect from the date on which the President receives the letter.

 

(3)        A member other than the Chairperson may resign from office by letter addressed to the President and transmitted through the Chairperson and the resignation shall take effect from the date on which the President receives the letter.

 

(4)        The President may remove a member from office if the President is satisfied that the member —

 

(a)        is unable or unfit to perform the functions of the member's office;

 

(b)        is guilty of misconduct; or

 

(c)        is absent from three consecutive meetings of the Board without leave of the Chairperson.

 

(5)        Where a member resigns or is removed from office, the President shall by notice published in the Gazette appoint a person to hold office for the remaining period of office of that member.

 

17.            Where a member is temporarily absent from Seychelles or temporarily incapable of performing the functions of member, the President may nominate a person to discharge the functions of that member during the period of absence or incapacity of that member.

 

18.(1)       Subject to subsection (2), the Board shall meet whenever necessary or expedient for the transaction of the Board's business at a time determined by the Chairperson.

 

(2)        The Board shall meet at least six times during a year.

 

(3)        The Chairperson may convene a special meeting of the Board within seven days of a written request being addressed to the Chairperson by at least three members.

 

(4)        The Chairperson shall preside at meetings of the Board at which the Chairperson is present and, in the absence of the Chairperson, the Deputy Chairperson shall preside.

 

(5)        Where the Chairperson and the Deputy Chairperson are absent from a meeting of the Board, the members shall elect from among themselves a chairperson to preside at that meeting.

 

(6)        A quorum for a meeting of the Board shall be 4 members.

 

(7)        A decision of the Board shall be taken by a simple majority of votes of the members present and voting, and each member shall have one vote but in the event of an equality of votes, the Chairperson or other person presiding at the meeting shall have, in addition to the original vote, a casting vote.

 

(8)        Subject to the provisions of this Act, the Board may regulate its own proceedings.

 

(9)        The validity of a proceeding of the Board is not affected by a vacancy among its members or a defect in the appointment or qualifications of a member.

 

19.            The members' remuneration shall be determined by the President.

 

20.(1)       The Board may co-opt persons with sufficient knowledge and experience to advise the Board on matters of a technical nature.

(2)        A person so co-opted has no right to vote on any matter before the Board.

 

21.            A member who is directly interested in a matter being dealt with by the Board shall —

 

(a)        disclose the nature of the member's interest at a meeting of the Board; and

 

(b)        not take part in any deliberation or decision of the Board with respect to that matter.

 

22.(1)       A member other than the Chairperson, who intends to be absent from meetings of the Board for more than three consecutive months, shall apply to the Chairperson for leave of absence.

 

(2)        If the Chairperson intends to be absent from meetings of the Board for more than three consecutive months, the Chairperson shall apply to the Minister for leave of absence.

 

PART IV - TRANSFER OF ASSETS AND LIABILITIES

 

23.(1)       The President may by an order in writing vest in or transfer to the Commission—

 

(a)        certain movable and immovable property vested in the Government immediately before  the coming into operation of this Act and used or managed by the Ministry with portfolio responsibility for energy; and

 

(b)        certain assets, rights, interests, privileges, liabilities and obligations of the Government, relating to the Ministry with portfolio responsibility for energy, on the recommendation of that Minister.

 

24.(1)       Where any land needed by the Commission in connection with the performance of its functions belongs to a person other than the Republic, and that person is not willing to transfer the land to the Commission on reasonable terms, the Minister may cause the land to be acquired in accordance with the Acquisition of Lands in the Public Interest Act.

 

(2)        Any land acquired under subsection (1) shall be transferred to the Commission.

 

(3)        The Commission shall not sell, exchange or dispose of assets or interests in land vested in the Commission without the consent of the Minister who may in consultation with the Minister responsible for Land give such consent.

 

PART V – MISCELLANEOUS

 

25.            All members, officers and employees of the Commission shall be deemed to be employed in the public service for the purposes of sections 91 to 96 of the Penal Code.

 

26.            No civil or criminal liability shall attach to the  Commission, a member, an officer or employee of the Commission in respect of an act done or omission made in good faith in the performance of the functions of the Commission, member, officer or employee, as the case may be.

 

27.            The Minister may make regulations for the purpose of carrying into effect the principles and provisions of this Act.

 

 

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NO SUBSIDIARY LEGISLATION                                               

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