FOURTH REPUBLIC
Bui
Power Authority Act, 2007
ARRANGEMENT OF
SECTIONS
Section
The Bui Power
Authority
1)
Establishment of the Authority
2)
Governing
body of the Authority
3)
Tenure of
office of members
4)
Meetings of
the Board
5)
Disclosure
of interest
6)
Establishment of Committees
7)
Allowances
8)
Policy
directives
9)
Chief
executive
10. Employees of
the Authority
Functions of the
Authority
11)
Objects and
functions of the Authority
12)
Flow of
water and flooding
13)
Powers in
relation to transmission system
14)
Health
safeguards
15)
Research and
records
16. Co-operation
with other public authorities
Finance
17)
Authority to
operate on commercial lines
18)
Borrowing
powers
19)
Funds of
the' Authority
20)Re-imbursement
to the Authority
21. Accounts and
audit
Acquisition of
land and resettlement measures
22)
Filling of
the lake and acquisition of land
23)
Compensation
24)
Resettlement
measures
25. Defraying
expenses incurred
Miscellaneous
26)
Annual and
other reports
27)
Regulations
28)
Protection
of officers
29)
Financial
agreements
30)
Interpretation
31)
Amendment to
Act 46
Act 740
THE SEVEN HUNDRED AND FORTIETH ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
BUI POWER AUTHORITY ACT, 2007 (Act
740 )
AN ACT to provide
for the establishment of an Authority charged with
the development of a hydroelectric power project on
the Black Volta River at Bui and any other potential
hydroelectric power sites on the Black Volta River
and for related matters
. DATE OF ASSENT:
31st July, 2007.
ENACTED by the
President and Parliament:
The Bui Power
Authority
Establishment of
the Authority
1. (1) There is by
this Act established an authority to be known as the
Bui Power Authority charged with the functions
specified in this Act.
(2) The Authority
is a body corporate with perpetual succession and a
common seal and may sue and be sued in its corporate
name.
(3) The Authority
may acquire and dispose of movable and immovable
property and enter into a contract and any other
transaction.
The governing
body of the Authority
2.
(1) The sovereign
body of the Authority is a Board consis6ng of
(a)
the
chairperson,
(b)
the chief executive
officer appointed under section 9, and
(c)
five other members,
(i) one of whom is
a person who has experience in financial matters,
(ii) one of whom is
an engineer conversant with the operations of a
power utility,
(iii) one of whom
is appointed to represent major consumers of the
electrical power generated by virtue of the dam, and
(iv) one of whom is
a woman.
Tenure of office
of members
3.
(1) A member of the
Board, other than the chief executive officer, shall
hold office for a period not exceeding four years
and is eligible for re-appointment, but a member
shall not be appointed for more than two consecutive
terms.
(2) A member of the
Board may at any time resign from office in writing
addressed to the President through the Minister.
(3) A member of the
Board who is absent from three consecutive meetings
of the Board without sufficient cause ceases to be a
member of the Board.
(4) The President
may by letter addressed to a member revoke the
appointment of that member.
(5) Where a member
of the Board is, for a sufficient reason, unable to
act as a member, the Minister shall determine
whether the inability would result in the
declarartion of a vacancy.
(6) Where there is
a vacancy
(a)
under subsection
(2), (3), (4) or subsection (2) of section 5, or
(b) under subsection (5), or'
(c)
because of the
death of a member,
the Minister shall
notify the President of the vacancy, and the
President shall in accordance with article 70 of the
Constitution appoint a person to fill the vacancy.
Meetings of the
Board
4.
(1) The Board shall
meet at least once every three months for the
despatch of business at the times and in the places
determined by the chairperson.
(2) The chairperson
shall at the request in writing of not less than one
third of the membership of the Board convene an
extra-ordinary meeting of the Board at the place and
time determined by the chairperson.
(3) The quorum at a
meeting of the Board is four members of the Board or
a greater number determined by the Board in respect
of an important matter.
(4) The chairperson
shall preside at the meetings of the Board and in
the absence of the chairperson, a member of the
Board elected by the members present from among
their number shall preside.
(5) Matters before
the Board shall be decided by a majority of the
members present and voting and in the event of an
equality of votes, the person presiding shall have a
casting vote.
(6) The Board may
co-opt a person to attend a Board meeting but that
person shall not vote on a matter for decision at
the meeting.
(7) The proceedings
of the Board shall not be invalidated because of a
vacancy among the members or a defect in the
appointment or qualification of a member.
(8) Subject to this
section, the Board may determine the procedure for
its meetings.
Disclosure of
interest
5.
(1) A member of the
Board who has an interest in a matter for
consideration by
the Board shall disclose in writing the nature of
that interest and is disqualified from participating
in the deliberations of the Board in respect of that
matter.
(2) A member who
contravenes subsection (1) ceases to be a member.
Establishment of
committees
6.
The Board may
establish committees consisting of members of the
Board or non-members or both
(a)
to perform a
function of the Board determined by the Board,
and
(b)
to advise the Board
on a matter referred to the committee.
Allowances
7. Members of the
Board and members of a committee of the Board
shall be paid the
allowances approved by the Minister in consultation
with the Minister responsible for Finance.
Policy
directives of the Minister
8.
The Minister may
give policy directives in writing not inconsistent
with a provision of
this Act to the Authority and the Board shall
comply.
Chief executive
officer
9
(1) The Authority shall have a chief
executive officer.
(2) The chief
executive officer shall be appointed by the Board
and shall hold office on the term’s and conditions
determined by the Board.
(3) The
chief executive officer is a full time officer of
the Authority.
(4) Subject
to the general control of the Board on matters of
policy, the chief executive officer is charged with
the direction of the business of the Authority and
with its administration and organisation.
Employees of the
Authority
10.
The Authority shall
employ the staff and any other employees as are
necessary for the performance of its functions, on
the terms and conditions determined by the Board.
Functions of the
Authority
Objects and
functions of the Authority
11.
(1) The Authority
shall plan, execute and manage the Bui
hydroelectric power project which comprises
(a)
the generation of
electrical power for general industrial and domestic
use, and the operation of the dam and the
hydroelectric generating station in the vicinity of
Bui,
(b)
the construction of
a transmission system for the evacuation of the
electrical power generated at the dam to the
national electricity grid,
(c)
the
supply of the electrical power generated at the dam
to
(i) a public
utility licensed under the Energy Commission Act,
1997 (Act 541) responsible for the transmission or
distribution of electrical power to the public,
(ii) the township of Bui and its environs,
and
(iii) any other consumer in Ghana or
elsewhere under an arrangement agreed on between the
Government, the Authority, a consumer and the
Electricity Company of Ghana or any other public
utility licensed under the Energy Commission Act 997
(Act 541),
(d)
the provision
of facilities and assistance for the use of the lake
so created by the construction of the dam for
multipurpose uses.
(2) The
Authority may
(a)
carry on an
activity which is reasonably requisite or
convenient for or in connection with the
performance of its functions under this Act,
(b)
own, maintain and
operate vessels or craft of any description for the
purpose of transporting goods and passengers along
the lake and may charge fares for those services.
Flow of water
and flooding
12.
(1) The Authority
shall control,
(a)
the level of water
in the lake to prevent the overtopping or breaching
of the dam by flood to ensure that the safety of the
dam and its structures are not jeopardized, and
(b)
the flow of water
in the lake to prevent flooding downstream from the
dam above the levels which were normal proceeding
the construction of the dam.
(2) The Board shall
take reasonable measures to give warning of possible
flooding from the lake or from the Black Volta River
downstream from the dam.
Powers in
relation to transmission system
13.
(1) For the
purposes of constructing the transmission system
referred to in paragraph (b) of subsection (1) of
section 11, or of preventing damage or obstruction
to the systems, the Authority may
(a)
enter on any lands
for the purpose of constructing any works, or of
examining, repairing, altering, or may remain there
for a reasonable time and execute and do the things
that the Board considers necessary,
(b)
survey and take
levels of the lands or part of the lands, and do any
other acts or things which the nature of the works
may require.
(2) Where an owner
of the lands cannot, after reasonable enquiry be
found, the Board shall cause not less than one
week's notice in writing of the intention to enter
the lands for the purposes of this Act, to be posted
in a conspicuous place on the lands so proposed to
be entered; and after the expiration of that time
the Board may exercise its powers as if notice had
been served on the owner of the lands.
(3) The Authority
may, without giving notice enter on any lands for
the purpose of inspecting, repairing, or altering
any works whether wholly or in part constructed.
(4) In the
exercise of the powers conferred under this section
the Board, the employees, the agents and workmen of
the Authority shall do as little damage as possible;
and, where the surface of a road or street has been
disturbed, the Authority shall, as far as
practicable, restore it to its former condition.
(5) A person who
has an estate or interest in a land injuriously
affected by the exercise of the powers conferred by
subsection (1) is entitled to compensation to be
settled, awarded and paid in accordance, as nearly
as may be, with the provisions relating to
compensation which are contained in the State
Property and Contracts Act, 1960 (CA. 6).
(6) For the
purpose of this section,
"owner includes an occupier;
"works"
includes the erection of electrical plants, works
and equipment.
Health
safeguards
14.
The Board shall
take reasonable measures in co-operation with the
Minister responsible for Health, and with the
relevant District Assemblies, to safeguard the
health and safety of its employees and persons
engaged on the construction of works referred to in
section 11, their families and dependents, the
inhabitants of Bui township and its environs.
Research and
records
15.
The Board shall,
with a view to facilitating present or future
research or planning, maintain and preserve the
records relating to the functions of the Authority
as the Board considers proper, and may engage in
research and assist others to engage in research, in
respect of a matter relating to those functions and
may publish the records and the results of a
research in which it may engage.
Co-operation
with other public authorities
16.
In the performance
of the functions of the Authority, the Board shall
co-operate with Government departments and agencies
and any other public authorities.
Finance
Authority to operate on commercial lines
17.
(1) The Board shall
conduct the affairs of the Authority on sound
commercial lines, and in particular, perform its
functions under this Act as to ensure that, taking
one year with another, the revenues of the Authority
are greater than its outgoings properly chargeable
to revenue account.
(2) The Authority
shall charge to revenue account the charges which,
in the normal conduct of a business, are proper to
be charged to revenue account, including proper
provision for depreciation of assets or for renewal
of assets, and in addition the interests on
borrowings, repayments to be made each year in
respect of loans incurred by the Authority to the
extent that the repayments exceed provision of
depreciation, and proper allocati0!ls to reserve.
(3) Without
prejudice to the power of the Authority to establish
appropriate reserves for replacements or any other
purposes, the Authority shall establish a reserve
fund and out of its profits make payments to the
fund for the purpose of expanding its Activities.
(4) The Board shall
determine charges for the supply of electrical power
so as to ensure that it is able to comply with the
requirements of this section.
Borrowing powers
18.
The Authority may,
in accordance with article 181 of the Constitution,
borrow the sums of money that it requires, on the
terms and in the currencies that may be agreed
between it and the lender, for the performance of
its functions under this Act.
Funds of the
Authority
19.
(1) The Funds of
the Authority include
(a)
money
approved by Parliament,
(b)
a fee or charge
determined by the Board in consultation with the
Minister and the Minister responsible for
Finance,
(c)
loans granted
to the Authority by the Government or by any other
person or body,
(d)
revenue
accruing from banks,
(e)
donations, grants and gifts, and
(f)
any
other moneys that are approved by Parliament.
(2) Funds received
by or on behalf of the Authority shall be deposited
by the appropriate person or authority to the credit
of the Authority in an account in a bank approved by
the Authority.
(3) Each payment
from the Funds shall be signed by the
(a)
chief executive,
and
(b)
the officer
responsible for financial matters designated by
the Board.
Re-imbursement
to the Authority
20.
The Republic shall
pay the Authority the net cost of the measures
undertaken by the Authority under section 14 the
necessity for which is not attributable to the
creation of the lake or any other activities of the
Authority.
Accounts and
audit
21.
(1) The Board shall
keep proper books of accounts and records in
relation to them in the form approved by the
Auditor-General.
(2) The Board shall
submit the accounts of the Authority to the
Auditor-General for audit within three months after
the end of the financial year.
(3) The
Auditor-General shall, not later than three months
after the receipt of the accounts, audit the
accounts and submit a copy of the audit report to
Parliament.
(4) The financial
year of the Authority is the same as the financial
year of the Government."
Acquisition of
land and resettlement measures
Filling of the
lake and acquisition of land
22.
(1) The Authority
shall, on the completion of the dam and power
station, so operate the dam as to cause the lake to
fill by the accumulation of water in the upstream of
the dam.
(2) Subject to
article 20 of the Constitution, the President shall
cause to be acquired lands which, in the opinion of
the Board,
(a)
may be required to
be inundated by the filling of the lake together
with any other land not extending beyond two
kilometres from the shores of the lake at its
maximum fill, (b) may be required for the
development of the Bui township, (c) may be
required for the use of persons being resettled as a
result of the inundation of their lands by the
filling of the lake,
(d)
are necessary to
acquire for the proper performance of the functions
of the Authority ..
(3) The lands
acquired under paragraphs (a), (b) and (d)
of subsection (2) shall immediately after their
acquisition vest in the Authority without a further
assurance than this subsection, free from any
encumbrances, and the Authority may sell, transfer,
exchange, let, demise or otherwise dispose of all or
any of them to or with a person, and on the terms
that the Board considers necessary for the proper
performance of the functions of the Authority.
(4) Despite any
other enactment under which the lands were acquired,
the lands falling under both or either of the
descriptions set out in paragraphs (b) and
(d) of subsection (2), which are lands which
have been acquired before the commencement of this
Act and vested in the President immediately before
the commencement are hereby vested in the Authority
and are subject to the powers conferred on the
Authority by subsection (3).
(5) Lands acquired
under paragraph (c) of subsection (2) may be
transferred, exchanged, let, demised or otherwise
disposed of by the President to or with a person
whether or not that person is included among the
persons being resettled "and on the terms that are
necessary for the promotion of the well being of the
resettlement areas and the inhabitants of those
areas.
(6) Legal
proceedings do not lie against the Authority as a
result of the inundation of lands caused by the
filling of the lake.
Compensation
23.
Subject to article
20 of the Constitution, the provisions of the State
Lands Act, 1962 (Act 125) relating to the
acquisition of land shall apply to the lands
acquired under subsection (2) of section 22.
Resettlement
measures
24.
The Government
shall take reasonable measures to assist in the
resettlement of the people inhabiting lands liable
to be inundated and lands adjacent to those lands
which are needed by the Authority for the
performance of its functions, and the Minister shall
ensure that so far as is practicable, a person does
not suffer undue hardship or is deprived of
necessary public amenities, as a result of the
resettlement.
Defraying
expenses incurred
25.·
The expenses
incurred in pursuance of sections 22, 23, and 24
shall be defrayed by the Republic.
Annual and other
reports
26.
(1) The Board shall
within one month after the receipt of the audit
report, submit an annual report to the Minister
covering the activities and the operations of the
Authority for the year to which the report relates.
(2) The annual
report shall include the report of the Auditor -
General.
(3) The Minister
shall, within one month after the receipt of the
annual report, submit the report to Parliament with
a statement that the Minister considers necessary.
(4) The Board shall
also submit to the Minister any other reports, which
the Minister may require in writing.
Regulations
27.
(1) The Authority
may, by legislative instrument, make Regulations
(a) prohibiting, restricting or regulating the
use of the lake and the lakeside area;
(b)
prohibiting,
restricting or regulating the abstraction of water
. from the Black
Volta River or the lake, otherwise than for
the. purpose of
obtaining water for domestic use in a village, town
or house situated within the catchment's area of the
Black Volta River;
(c)
imposing penalties
on persons trespassing on land in the ownership or
possession of the Authority;
. (d)
prohibiting, restricting or regulating the movement
of motor or any other vehicular traffic on or in the
vicinity of the dam; .
(e)
for the better
performance of the Authority's functions under
section 11; and
(f)
generally for the
purpose of enabling the better performance by the
Authority of its functions.
(2) The Regulations
may in addition to the penalties which can be
imposed by virtue of section 9 of the Statutory
Instruments Act, 1959 (No. 52), impose in the case
of continuous offences, an appropriate fine for each
day during which the offence continues.
(3) In lieu of
prohibiting, restricting or regulating an activity,
the Regulations may regulate that activity under a
licence to be granted by the Board.
(4) The Regulations
may prescribe the forms to be used and the fees to
be paid for the licences.
(5) Proceedings for
offences against the Regulations shall not be
instituted except by the Attorney-General or by the
Authority with the consent of the Attorney-General.
Protection of
officers
28.
A matter or thing
done by an officer or employee of the Authority
shall not subject that officer or employee or a
person acting by the directions of that officer or
employee personally, to a civil liability where that
matter or thing is done bona fide for the purpose of
executing a provision of this Act.
Financial
agreements
29.
(1) Subject of
article 181 of the Constitution, the President may,
in writing, as the President considers it necessary
in the public interest,
(a)
enter into
agreements providing for the guarantee of an
obligation undertaken by the Board, and
(b)
enter into
agreements providing for loans by the Government to
the Board.
(2) Moneys payable
under an agreement referred to in subsection (1)
are charged on the Consolidated Fund.
Interpretation
30.
(1) In this Act,
unless the context otherwise requires,
"abstract" includes
divert, or by any other means cause to flow;
"Authority" means the Bui Authority established by
section 1; "Board" means the governing body of the
Authority;
"Bui township"
means the area of land acquired for the development
of the Bui township;
"chief executive
officer" means the Chief Executive Officer
of the Authority,
appointed under section 9; "citizen" means a citizen
of Ghana; "functions" includes powers and duties;
"lake" means the
lake created as a result of the construction of the
dam, as the waters of the lake extend from time to
time, including the islands in the lake;
"lakeside area"
means any of the lands referred to in paragraph
(a) of subsection (2) of section 22 as are not
for the time being comprised in the lake;
"member" means a
member of the Board;
"Minister" means
the Minister responsible for Energy; "Regulations"
means the Regulations made under this Act.
"supply" in
relation to electrical power includes maintaining
potential, whether or not the power so supplied is
taken.
(2) For the
purposes of the Rivers Act, 1903, and any other
enactment, the lake is not a river, and section 10
of the Rivers Act shall not apply to any part of the
Black Volta River upstream of the lake.
(3) Officers of the
Authority are public officers for the purposes of
the Criminal Offences Act, 1960 (Act 29) and the
Criminal and other Offences (Procedure) Act, 1960
(Act 30).
Amendments to
Act 46
31.
The Volta River
Development Act, 1961 (Act 46) is amended by the
deletion of the words "the Black Volta" in the
definition of the words "River Volta" in section 38
of that Act.
Date of Gazette
notification: 3rd August, 2007.
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