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2. Interpretation

(1) In this Act —

“base price” means —

(a) in the first instance, the average contract price per imperial gallon for diesel fuel oil delivered to the Company at any of its power stations in Saint Lucia in the 12 months preceding 1 January 2006, to be automatically adjusted on 1 January every year thereafter, on the basis of the average contract price per imperial gallon for diesel fuel oil in the relevant preceding 12 months; or

(b) in the event that the base price as established under paragraph (a) is higher than the current price for diesel fuel oil delivered to the Company at any of its power stations in Saint Lucia then in such circumstances the current price for diesel fuel oil shall be deemed to be the base price;

“Chief Electrical Engineer” means the Chief Electrical Engineer, Ministry of Communications, Works and Transport;

“Chief Engineer” means the Chief Engineer, Ministry of Communications, Works and Transport;

“Commission” means the National Utilities Regulatory Commission established under section 5 of the National Utilities Regulatory Commission Act, No. 3 of 2016; (Inserted by Act 2 of 2016)

“Company” means Saint Lucia Electricity Services Limited and includes any person duly authorised by the Company to do any act on its behalf;

“consumer” means any person, local authority, statutory body or the Government supplied with electricity by the Company;

“current price” means the average price payable in cents per imperial gallon for diesel fuel oil delivered to the Company at any of its power stations in Saint Lucia in the calendar month immediately preceding the calendar month in which meters are read, plus the amount of any levy or other impost on such price, together with such levies, imposts, and other charges associated with derivative financial instruments employed by the Company in the acquisition of diesel fuel oil excluding any penalties and similar charges imposed by the counter-party financial institution involved in the derivative financial instruments in the event of early termination of such derivative financial instruments by the Company;

“debt” means the aggregate of all obligations of the Company for the payment or repayment of money having original repayment terms of one year or longer and including, without limitation, any bank debt;

“electricity” includes electric voltage, electric current, electric energy and any like agency;

“electric line” means any wire or conductor used or to be used for the purpose of conveying, transmitting, or distributing electricity, together with any casing, coating, covering, tube, pole, stay-wire, bracket, pipe or insulator enclosing, surrounding or supporting the same or any part thereof and any transformer, switch-gear or other works or apparatus connected therewith for the purpose of conveying, transmitting or distributing electricity or transforming its voltage and together also with any building or structure required to accommodate any such transformer, switch-gear or other works or apparatus;

“land” includes any land under whatever tenure held and any easement, servitude, right or privilege in or over land;

“local authority” means any authority having municipal or administrative jurisdiction over and within any area in Saint Lucia;

“Minister” means the Minister responsible for public utilities except where the Act specifically designates another Minister; (Substituted by Act 2 of 2016)

“month” means calendar month;

“person” includes any body of persons, any corporation and any Government;

“renewable energy” means a source of energy which is capable of being replenished, including biomass, geothermal heat, rain, sunlight, tides, waves and wind; (Inserted by Act 2 of 2016)

“road” means any road or street or part thereof and includes all bridges, culverts, embankments, approaches, drains, verges, pavements, kerbs, footpaths, parapets and other works or things, forming part of any road or street;

“tree” means a tree, bush or shrub;

“undertaking” means the Company's electricity operations within Saint Lucia;

“unit” means one kilowatt-hour, as registered on a meter provided by the Company.

(2) Where the word “must” is used in relation to any obligation, requirement, duty or other like matter under this Act, that obligation, requirement, duty or like matter is mandatory.

(3) The term “average contract price per imperial gallon” used in the definition of “base price” is calculated by dividing the aggregate invoiced amount in the relevant preceding 12 months, by the aggregate quantity of imperial gallons delivered for that same period.