2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

12.   Form of service licence application

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    (1)   An application for a service licence pursuant to section 6 of the Act shall contain the following information—

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      (a)     a complete description of the service to be rendered;

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      (b)     a complete description of the proposed service territory including, if the licence is to be exclusive, the precise geographic boundaries;

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      (c)     proof of the competency of the licensee to render the service adequately and in an environmentally acceptable manner;

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      (d)     proof that the licensee is financially qualified to render the service;

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      (e)     a complete set of' proposed tariffs, and a description of the method by which the tariff was calculated;

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      (f)     plans and schedules for investments to improve service, including pressure stability, service extension, loss reduction, metering and water conservation;

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      (g)     proof that any other necessary permits have been obtained or are likely to be obtained;

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      (h)     a complete description of the prospective licensee, including all corporate affiliates, all other countries in which that company or corporate affiliate renders water service and a copy of annual reports prepared by the prospective licensee or corporate affiliate;

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      (i)     the identities and resumes of the individuals proposed to act as chief executive officer, chief operational officer, and chief financial officer;

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      (j)     additional information that the Minister or the Commission may request.

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    (2)   Upon receipt of an application that conforms with the requirements in sub regulation (1), the Commission shall provide public notice of it, together with a description of the process by which members of the public may inform themselves as to the application and may make their views known to the Commission.

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    (3)   In evaluating the licence application, the Commission shall take into account and make specific findings as to the experience of the applicant in operating water systems in the Caribbean region and elsewhere, including whether the applicant has been successful in improving service, in connecting new customers, in increasing efficiency (including loss reduction), and in improving customer satisfaction and the applicant's record of environmental compliance and so as to provide potable water shall also be the subject of specific findings.

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    (4)   The Board shall also evaluate the specific technical and managerial experience of individuals identified to manage licensees' operations in Saint Lucia and this evaluation shall include their performance with regard to the criteria set out in sub regulation (3).