Revised Laws of Saint Lucia (2021)

PART 4
PUBLIC-PRIVATE PARTNERSHIP

96.   Project identification and screening

  1.  

    (1)   The Steering Committee may, on its own initiative or on the direction of Cabinet, identify a project for implementation as a public-private partnership where the project —

    1.  

      (a)     provides assets and services in key infrastructure sectors including —

      1.  

        (i)     transport,

      1.  

        (ii)     energy,

      1.  

        (iii)     water,

      1.  

        (iv)     communications,

      1.  

        (v)     construction and management of public facilities, such as schools, hospitals and office buildings;

    1.  

      (b)     is a significant investment in priority productive sectors that require use of assets, including land;

    1.  

      (c)     is a more effective and innovative utilization of assets in priority areas of development including —

      1.  

        (i)     agriculture,

      1.  

        (ii)     tourism;

    1.  

      (d)     provides other high-potential and export-oriented commercial activities.

  1.  

    (2)   In identifying a project for implementation as a public- private partnership, the Steering Committee shall be satisfied that the project —

    1.  

      (a)     provides value for money;

    1.  

      (b)     is affordable to the procuring entity;

    1.  

      (c)     transfers appropriate operational or financial risk to the private party.

  1.  

    (3)   Where a project is identified for implementation as a public-private partnership under subsection (2), the Core Team shall screen the project for public-private partnership potential by ensuring that —

    1.  

      (a)     the project complies with economic policy priorities and sector plans over the short and long term;

    1.  

      (b)     the project is technically, legally, environmentally and socially sustainable, economically cost-benefit justified and least-cost solution to the identified service need;

    1.  

      (c)     the cost of the project is in line with fiscal priorities and risks retained by the Government is not fiscally destabilizing;

    1.  

      (d)     there is a qualified private party available to implement the project and the project is expected to provide a commercial rate of return sufficient to attract such party and create competition for the opportunity;

    1.  

      (e)     the public-private partnership is expected to achieve value for money compared to alternative implementation options and other public-private partnership structures.

  1.  

    (4)   The Core Team may, in screening a project under subsection (2), require —

    1.  

      (a)     stakeholder consultation; and

    1.  

      (b)     pre-feasibility analysis to identify technical solutions and major risks, and estimate project costs and revenues.