Save where this Act expressly provides otherwise, any licence granted or anything done under this Act shall not affect the right, privilege, obligation or liability acquired by any licensee or other person in any contract or under any written law prior to the commencement of this Act.

The Cabinet Secretary shall in consultation with the relevant stakeholders develop and publish a national energy policy which shall be reviewed every five years.

Within three months after the end of each financial year, the Cabinet Secretary shall prepare and publish a report on the implementation of the national energy policy.

The Cabinet Secretary shall in consultation with the relevant stakeholders develop, publish and review energy plans in respect of coal, renewable energy and electricity so as to ensure delivery of reliable energy services at least cost.

Each national energy service provider shall develop and submit to the Cabinet Secretary plans for provision of energy services in accordance with its mandate.

Each County Government shall develop and submit a county energy plan to the Cabinet Secretary in respect of its energy requirements.

The Cabinet Secretary shall consolidate the plans contemplated in subsections (2) and (3) into an integrated national energy plan which shall be reviewed after every three years.

The Cabinet Secretary shall prescribe regulations on the content and timelines for the preparation of the energy plans.

The Government shall facilitate the provision of affordable energy services to all persons in Kenya.

Where the National or County Government determines that a supply of energy in any area is necessary and upon assessment it is established to be commercially inexpedient to provide for the necessary reticulation by any licensee, the Cabinet Secretary or County Executive Committee member as the case may be, may undertake the provision of any such works or provide the funds necessary for the development of such works.

Without limiting the generality of subsection (2), the Cabinet Secretary shall develop and implement a fair, transparent and equitable strategy to ensure that all households are connected to a supply of electricity by 2030.

The Cabinet Secretary shall develop a conducive environment for the promotion of investments in energy infrastructure development, including formulation of guidelines in collaboration with relevant county agencies on the development of energy projects and to disseminate the guidelines among potential investors.

In its effort to promote energy investments, the National and County Governments shall facilitate the acquisition of land for energy infrastructure development in accordance with the law.

There is established the Energy and Petroleum Regulatory Authority hereinafter referred to as the Authority.

Except as otherwise provided in this Act, the Authority shall be independent in the performance of its functions, exercise of its powers and shall not be subject to the direction or control of any person or authority.

The Chairperson and members of the Board under subsection (1)(g) shall be appointed at different times so that the respective expiry dates of their terms of office shall fall at different times.

The Board shall subject to the approval of the Cabinet Secretary, appoint a Director-General who shall be the chief executive officer of the Authority and shall, subject to the directions of the Board, be responsible for the day to day management of the Authority.

The appointment of the Director-General under this section shall be through a competitive recruitment process.

The Director-General shall hold office for a term of three years and shall be eligible for re-appointment for one further term of three years.

The Director-General shall be an ex officio member of the Authority but shall have no right to vote at any meetings of the Authority.

Any funds retained by the Authority shall make part of the funds of the Authority by way of appropriation.

There shall be paid out of the funds of the Authority, all expenditure incurred by the Authority in the exercise of its powers or the performance of its functions under this Act.

The Authority may, by resolution either generally or in any particular case delegate to any committee of the Authority or to any member, officer, employee, self-regulated organization or agent of the Authority, the exercise of any of the powers or the performance of any of its functions or duties.

Every such committee, officer, employee, self-regulated organisation or agent shall be appointed by the Authority in writing, setting out the duration of the appointment, the duties, reporting requirements, functions, authority and powers so conferred.

The Authority may at any time revoke a delegation under this section.

A delegation conferred under this section shall not prevent the Authority from performing the delegated function.

In this section, a self-regulated organisation means an organisation whose object is to regulate the operations of its members or the users of its services and includes the organisations that may be recognised as such by the Authority.

A committee, member, officer, employee or agent entering any premises under this section may be accompanied by such persons as the committee, officer, employee or agent deems necessary and may enter with such equipment as may be necessary for the performance of their functions.

A person who, unless authorized, opens, breaks, alters or in any way interferes with a lock, seal, mark or other fastening placed by a committee, officer, employee or agent in accordance with the provisions of this section on any building, room, place, receptacle, item of plant, goods, or materials, commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both.

A person who resists, hinders or obstructs any committee, officer, employee or agent acting in the course of the committee's or agent's duty under this section or who wilfully fails to comply with any requirements lawfully made thereunder commits an offence and shall, on conviction, be liable to a fine of not exceeding one hundred thousand shillings for each day or part thereof that the obstruction occurs.

The Authority shall within sixty days from the date of receipt of a request by an applicant, make its decision on any matter before it.

A decision of the Authority shall be in writing and any order given and reasons thereof shall be served upon all parties to the proceedings, and may be published in the Gazette as prescribed by regulations.

The Authority shall, within seven days of making a decision, communicate such decision to the parties involved.

All orders of the Authority shall become effective on the date of entry thereof, and shall be complied with within the time prescribed therein.

Where the Authority does not make a decision as provided in subsection (1) the appellant may appeal to the Tribunal within seven days of the expiry of the prescribed period.

A person aggrieved by a decision of the Authority may appeal to the Tribunal within thirty days of receipt of the decision.

Notwithstanding subsection (1), the Tribunal may entertain an appeal after the expiry of the thirty-day period if it is satisfied that there was sufficient cause for not filing it within that period.

The members of the Tribunal shall at the first meeting of the Tribunal elect a vice-chairperson who shall be a person qualified to be a judge of the High Court possessing at least five years' experience in energy and petroleum matters.

The Chairperson, Vice-Chairperson and members of the Tribunal shall be appointed at different times so that the respective expiry dates of their terms office shall fall at different times.

The selection panel shall at its first meeting appoint a chairperson and a vice-chairperson.

An application in respect of a vacancy declared under subsection (5) shall be forwarded to the selection panel within fourteen days of the publication of the notice.

The selection panel shall subject to this section determine its procedure and the Cabinet Secretary shall provide it with such facilities and other support as it may require for the discharge of its functions.

The selection panel shall consider the applications, shortlist and publish the names and qualifications of all the applicants and those shortlisted by the panel in the Gazette and at least two daily newspapers of national circulation seven days from the expiry of the deadline of receipt of applications under subsection (7).

The selection panel shall interview the shortlisted applicants fourteen days from the date of publication of the list of short listed applicants under subsection (9).

After carrying out the interviews, the selection panel shall select three persons qualified to be appointed as members of the Tribunal, for each vacant position, and forward the names to the Cabinet Secretary.

The Cabinet Secretary shall within seven days of receiving the names, by notice in the Gazette, appoint a member or members to the Tribunal.

Where the Cabinet Secretary rejects the list of names forwarded under subsection (11) he shall submit a notice of rejection within seven days of receipt of the names.

Upon the receipt of the notice of rejection under subsection (13), the selection panel shall submit fresh nominations and the procedure set out in this section shall with the necessary modifications apply.

Notwithstanding any provision in this section, the Cabinet Secretary may by notice in the Gazette extend the period specified in respect of any matter under this section by a period not exceeding fourteen days.

The selection panel shall stand dissolved upon the appointment of the members of the Tribunal.

The members of the Tribunal shall hold office for a period of three years, but shall be eligible for reappointment for one further term.

A person desiring the removal of a member of the Tribunal on the ground specified in subsection 1(c) may present a complaint under oath to the Cabinet Secretary setting out the alleged facts constituting that ground.

The tribunal shall investigate the matter expeditiously, report on the facts and make a recommendation to the Cabinet Secretary who shall act in accordance with the recommendation within thirty days.

The Cabinet Secretary shall appoint the secretary to the Tribunal.

A person shall be qualified to be appointed to hold office as secretary to the Tribunal under subsection (1) if such a person is an advocate of the High Court of Kenya of not less than seven years standing.

The Tribunal may appoint such other staff as may be necessary for the proper discharge of the functions of the Tribunal under this Act.

The Chairperson shall be responsible for ensuring the orderly and expeditious discharge of the business of the Tribunal.

The times and places of the hearings of the Tribunal shall be determined by the Chairperson with a view to securing a reasonable opportunity for applicants to appear before the Tribunal with as little inconvenience and expense as is practicable.

The rules of procedure of the Tribunal shall be published in the Gazette by the Chairperson.

The Chairperson shall preside at all sittings of the Tribunal at which he is present and in the absence of the Chairperson the Vice-Chairperson shall preside.

The quorum of the Tribunal shall be three members including the Chairperson or the Vice-Chairperson as the case may be.

The Tribunal shall, in consultation with the Cabinet Secretary and upon the advice of the Salaries and Remuneration Commission, pay its members such remuneration, fees or allowances for expenses as it may determine from time to time.

Any person who gives technical advice in accordance with section 34 to the Tribunal shall be paid such allowance as may be determined by the Tribunal.

The members of the Tribunal shall serve on part-time basis.

The Tribunal shall have jurisdiction to hear and determine all matters referred to it, relating to the energy and petroleum sector arising under this Act or any other Act.

The jurisdiction of the Tribunal shall not include the trial of any criminal offence.

The Tribunal shall have original civil jurisdiction on any dispute between a licensee and a third party or between licensees.

The Tribunal shall have appellate jurisdiction over the decisions of the Authority and any licensing authority and in exercise of its functions may refer any matter back to the Authority or any licensing authority for re-consideration.

The Tribunal shall have power to grant equitable reliefs including but not limited to injunctions, penalties, damages, specific performance.

The Tribunal shall hear and determine matters referred to it expeditiously.

The Tribunal may, on its own motion or upon application by an aggrieved party, review its judgments and orders.

Judgments and orders of the Tribunal shall be executed and enforced in the same manner as judgments and orders of a court of law.

Any person aggrieved by a decision of the Tribunal may, within thirty days from the date of the decision or order, appeal to the High Court.

The law applicable to applications for review to the High Court in civil matters shall, with the necessary modifications or other adjustments as the Chief Justice may direct, apply to applications for review from the Tribunal to the High Court.

The Tribunal shall meet as and when there is need to exercise its jurisdiction under this Act.

Unless a unanimous decision is reached, a decision on any matter before the Tribunal shall be by a majority of votes of the members present and in the case of an equality of votes, the Chairperson or the person presiding shall have a casting vote.

The Tribunal shall conduct its proceedings without procedural formality but shall observe the rules of natural justice and rules of evidence of a similar nature.

Except as prescribed in this Act, the Tribunal shall regulate its own procedure.

There shall be paid out of the funds of the Tribunal, all expenditure incurred by the Tribunal in the exercise of its powers or the performance of its functions under this Act.

There is established the Rural Electrification and Renewable Energy Corporation herein referred to as the Corporation.

In developing the master plans contemplated under subsections (1)(d) and (e), the Corporation shall take into account the provisions of section 5(5) of this Act.

The Chairperson and members under subsection (1)(e) and (f) shall be appointed at different times so that the respective expiry dates of their terms of office shall fall at different times.

The Board shall appoint a Chief Executive Officer who shall be the chief executive of the Corporation and shall, subject to the directions of the Board, be responsible for the day to day management of the Corporation.

The Chief Executive Officer shall be appointed through a competitive recruitment process.

The Chief Executive Officer shall be an ex-officio member of the Board but shall have no right to vote at any meetings of the Board.

There shall be paid out of the funds of the Corporation, all expenditure incurred by the Corporation in the exercise of its powers or the performance of its functions under this Act or any other written law.

There is established the Nuclear Power and Energy Agency hereinafter referred to as the Agency.

The headquarters of the Agency shall be in Nairobi.

Subject to the provisions of any other written law as to the meetings of the Agency, the Agency may hold its sittings at any place in Kenya.

A person shall be qualified for appointment under section 58 as a Chairperson if the person is a holder of a degree recognized in Kenya in the fields of engineering, physical sciences, law, finance, economics or energy.

The Chairperson and members of the Board shall be appointed at different times so that the respective expiry dates of their terms of office shall fall at different times.

The Board shall appoint a Chief Executive Officer of the Agency who shall, subject to the directions of the Board, be responsible for the day to day management of the Agency.

The appointment of the Chief Executive Officer under this section shall be through a competitive recruitment process.

The Chief Executive Officer shall hold office for a term of three years and shall be eligible for re-appointment for one further term of three years.

The Chief Executive Officer shall be an ex officio member of the Board but shall have no right to vote at any meetings of the Board.

The Board may establish such committees as it may consider appropriate.

The Board may from time to time co-opt into its membership one or more persons to assist it in any particular matter for the time being before the Board but such co-opted person shall have no voting rights.

The Agency may from time to time, with the approval of the Cabinet Secretary and concurrence of the National Treasury, invest any of its funds in any securities in trust funds authorized by law.

The Agency may, subject to approval of the Cabinet Secretary and concurrence of the National Treasury, place on deposit with such bank or banks as it may determine, any monies not immediately required for any of its purposes.

The Agency may make the discoveries, inventions and improvements referred to in subsection (1) available for use in the public interest subject to the conditions and the payment of fees or royalties that the Agency may determine.

In respect of the rights in any discovery, invention or improvement that are contemplated in subsection (1), the Agency may award to the person responsible for the discovery, invention or improvement such bonus as it may consider necessary, or make provision for financial participation by him or her in the profit derived from such discovery, invention or improvement to such extent as the Cabinet Secretary may determine in consultation with the Cabinet Secretary of the National Treasury.

The Agency may apply for a patent in respect of any discovery, invention or improvement contemplated in subsection (1), and shall for the purposes of the Industrial Property Act (Cap. 509) be regarded as the assignee of the discoverer or inventor in question.

Unless it is otherwise agreed, the rights in a discovery, invention or improvement made by the Agency in the course of an investigation for or on behalf of another person, Government or administration shall vest with the Agency.

The Cabinet Secretary shall, within twelve months of coming into force of this Act, commence a countrywide survey and a resource assessment of all renewable energy resources.

The Cabinet Secretary shall prepare a renewable energy resources inventory and resource map in respect of each renewable energy resource area and thereafter prepare updates biennially which shall be published in the Gazette.

In preparing the renewable energy resources inventory and resource map under subsection (2), the Cabinet Secretary shall have regard to relevant data, information, maps, documents or reports.

The Cabinet Secretary shall promote the development and use of renewable energy technologies, including but not limited to biomass, biodiesel, bioethanol, charcoal, fuelwood, solar, wind, tidal waves, hydropower, biogas and municipal waste.

There is established an inter-ministerial Committee known as the Renewable Energy Resource Advisory Committee.

The Renewable Energy Resource Advisory Committee may co-opt such other members as it may deem necessary but in any case not more than four members shall be co-opted.

The Renewable Energy Resource Advisory Committee may upon request advise the County Governments on matters relating to renewable energy resources.

A person granted authority under this section, shall comply with the provisions of Part VIII of this Act.

An authority granted under this section shall not be transferable, and shall be in force for a period of two years from the date of issue, but may be renewed for a period of one year from the date of expiration thereof or from the expiration of any renewal.

The Cabinet Secretary may, on receiving an application for the extraction of geothermal resources in respect of any land, and in consultation with the Renewable Energy Resource Advisory Committee grant a licence over part or the whole of a geothermal resources area under such terms and conditions as the Cabinet Secretary may determine in accordance with Article 71 of the Constitution.

An application for a licence to be issued under this section shall be in the approved form and be accompanied by the prescribed fees.

The Cabinet Secretary in granting a licence under this section shall do so in an open, competitive and transparent manner.

A licence may be granted under this section for such term, not exceeding thirty years, as the Cabinet Secretary may determine and shall be in the prescribed form.

Where the Cabinet Secretary, rejects the application for a licence under this section, the Cabinet Secretary shall provide the applicant with the reasons for such refusal within fourteen days.

Any decision made under this section shall be upon the advice of the Renewable Energy Resource Advisory Committee.

An applicant who is dissatisfied with the decision of the Cabinet Secretary, under this section may appeal to the Tribunal within thirty days of receipt of the decision.

An applicant aggrieved by a decision of the Tribunal under subsection (7) may appeal to the High Court against the decision of the Tribunal.

Within one hundred and twenty days after an applicant files an appeal under subsection (8), the High Court shall hear and determine the appeal.

If the High Court fails to hear and determine the appeal within the period referred to under subsection (9), the decision of the Tribunal shall be final.

Where any by-product obtained in the production of geothermal resources may be reclaimed for further use or sale and is a mineral within the meaning of the law governing mining, the licensee shall exploit the same after obtaining a licence under the law relating to mining.

Where any other natural resource is discovered in the course of exploration and production of geothermal resources, the licensee shall inform the Cabinet Secretary within seven days of such discovery.

The forfeiture of a licence under subsection (1) shall not affect any liability already incurred by the licensee.

The forfeiture of a licence under subsection (1) shall be published in the Gazette.

For purposes of this section the value of geothermal energy at the well head is a value calculated by subtracting from the price that could reasonably be realized on sale of the energy to a genuine purchaser at arm's length from the producer, all reasonable expenses, reasonably incurred by the producer in getting the energy to the point of delivery to the purchaser.

Notwithstanding subsection (3), where the resource is being exploited in one or more counties the Cabinet Secretary shall, in consultation with the Commission for Revenue Allocation, determine the rate of apportionment of the county share between the counties.

The Cabinet Secretary may waive, suspend, or reduce the royalty for any licensee in the interest of encouraging the greatest utilization of geothermal resources, if the Cabinet Secretary determines that this is necessary to promote development or that the licence cannot be successfully operated under the licence terms.

The Cabinet Secretary shall publish any waiver granted under this section.

Any licensee whose licence has expired or has been surrendered or forfeited may, within ninety days of the date of the expiry, surrender or forfeiture, apply to the Cabinet Secretary to enter the land which was comprised in the licence to remove the plant, machinery, engines or tools installed or erected on the land.

The Cabinet Secretary may require the licensee to remove the plant, machinery, engines or tools within a reasonable time, and if the plant, machinery, engines or tools are not removed within a reasonable time they may be sold by auction at the cost of the licensee.

The net proceeds of the sale conducted pursuant to subsection (2) shall be held until applied for by the licensee but may be used in the repair of breaches or faults not made good by the licensee and for the payment of the costs incurred in conducting the sale.

The Government shall not pay any compensation resulting from the closure of any well but the Cabinet Secretary may consider the refund of part of the fees which may have been paid in respect of any authority or licence in relation to a well which the Cabinet Secretary has ordered to be closed under this section, except that no refund of any part of fees shall be made in respect of any well made without the authority of the Cabinet Secretary.

The Cabinet Secretary shall upon recommendation of the Authority formulate regulations to determine the prescribed levies and rentals for the extraction of geothermal resources for industrial or commercial purposes.

The Cabinet Secretary shall levy the prescribed fees, and rentals for the extraction of geothermal resources for industrial or commercial purposes in accordance with subsection (1).

A person who intends to drill or drills any well, extracts, takes, uses or applies geothermal resources for commercial or industrial purposes in contravention of this Act commits an offence and shall, on conviction, be liable to a fine of not less than one million shillings and if the offence is of a continuing nature, to a further fine of not less than one hundred thousand shillings for every day or part of a day during which that offence continues.

A person who removes, damages, destroys or otherwise interferes with any survey pegs or beacons placed on the ground in connection with any survey lawfully carried on under this Act commits an offence and shall on conviction, be liable to a fine not exceeding one million shillings and if the offence is of a continuing nature, to a further fine not exceeding one hundred thousand shillings for every day or part of a day up to a maximum of thirty days during which that offence continues, or to imprisonment for a term not exceeding twelve months or to both.

A person who removes, damages, destroys or otherwise interferes with any valve or instrument being used in connection with any such survey or with any well, or any geothermal generation power plant or steam highways commits an offence and shall on conviction, be liable to a fine not exceeding one million shillings and if the offence is of a continuing nature, to a further fine not exceeding one hundred thousand shillings for every day or part of a day up to a maximum of thirty days during which that offence continues, or imprisonment for a term no exceeding twelve months or to both.

The Cabinet Secretary may upon recommendation of the Authority, make regulations necessary for the administration and implementation of the feed-in-tariff system.

The Cabinet Secretary may upon recommendation of the Authority make regulations necessary for carrying out or giving effect to the provisions of this Part.

A licence or permit as the case may be, is required by a person who wishes to carry out the production of energy from coal.

A person desirous of obtaining a licence or permit under this Act shall make an application to the Authority in the manner prescribed by this Act or the Authority.

An application for a renewal of a licence or permit shall be made at least thirty days before the expiry date of the current licence or permit and must be accompanied by the prescribed fee.

If the Authority is satisfied that the applicant continues to meet the requirements for the issue of the licence or permit, the Authority shall renew the licence or permit.

If an application for the renewal of a licence or permit has been made before the expiry of the licence or permit but has not been dealt with by the Authority when the licence, permit or certificate is due to expire, the licence, permit or certificate continues in force until the application for renewal is dealt with and any renewal in such a case shall be taken to have commenced from the day when the licence or permit would have expired before the renewal.

A person who contravenes subsection (5) shall be liable to a penalty equivalent to fifty per cent of the licence or permit fee.

Where a permit contains conditions prescribed in subsection (2) (d), no person shall, before the conditions are satisfied, use any works the execution of which was authorised by the permit, except to the extent specified in a notice given by the Authority to the licensee specifying the extent to which the works may be used, notwithstanding that some of the conditions have not been satisfied and such permit may, at any time, be revoked by the Authority in a subsequent notice in the Gazette.

A notice given by the Authority under subsection (3) shall be conclusive evidence for the purposes of this Act that those conditions have been satisfied.

Where a permit referred to in subsection (3) is cancelled or otherwise ceases to be in force prior to the completion of the authorized works, the licensee shall, to the extent of partially executed works, be deemed to have satisfied the prescribed conditions.

Subject to the provisions of this Act, a person may make an application in the prescribed manner for amendment of the licence or permit, and the Authority may, upon payment of the prescribed fee, amend the licence or permit and endorse it accordingly.

Where the Authority refuses to amend a licence or permit under subsection (1), the Authority shall give to the applicant reasons for the refusal in writing.

A licence or permit amended under this section shall retain the existing expiry date.

A licence or permit issued under this Act may not be altered, revised or modified, except with the consent of the licensee.

Every licence or permit or a certified copy thereof, shall, except when lodged with the Authority for any of the purposes of this Act, be maintained and displayed within the premises of the licensee.

A licensee who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one million shillings.

Unless otherwise specified in the licence or permit, the Authority may give a licensee fourteen days' notice to show cause why the licence or permit should not be revoked.

The Authority shall determine the matter within thirty days from the expiry of the notice.

A suspension or revocation of a licence or permit shall not indemnify the licensee against any penalties for which such person may have become liable under the Act.

A licensee shall not transfer or otherwise divest any rights, powers or obligations conferred or imposed upon the licensee by the licence or permit without the consent of the Authority.

The Authority shall satisfy itself of the legal, technical and financial competence of the transferee to carry out the undertaking.

The transferee shall undertake in writing to comply with the conditions of the licence or permit.

The Authority shall not withhold any consent to any application to transfer unless it has reason to believe that public interest is likely to be prejudiced by the transfer.

Subject to subsection (3), any person may, during official working hours, and upon payment of the prescribed fee, inspect the register of licences and permits.

A person who intends to construct a facility that produces energy using coal shall, before commencing such construction, apply in writing to the Authority for a permit to do so.

The Authority shall consider every application received under this section and shall, if satisfied that the applicant meets the prescribed requirements, grant to the applicant, within forty five days, the permit to construct the facility.

A permit shall be subject to such conditions as maybe prescribed.

Where the Authority refuses to grant a permit under this section, it shall notify the applicant of such refusal specifying the reasons thereof and shall deliver such notice to the applicant.

Subject to subsection (2), the Authority may, by notice in the Gazette, suspend or revoke a construction permit if any term or condition thereof has not been complied with within the prescribed period.

Where the Authority intends to revoke or suspend a permit under this section, it may, at least twenty-one days before the date of the intended revocation or suspension, notify the holder of the permit of such intention, specifying the reasons thereof, and shall take every precaution to ensure fairness in the exercise of this power.

The Authority may in writing, reinstate a permit revoked or suspended under subsection (1) if satisfied that the reasons for the revocation or suspension no longer exist.

Where a facility that produces energy using coal is constructed without a permit, the Authority may give the owner or occupier of such facility twenty one days' notice in writing to either obtain the requisite permits and if such permit is not obtained within the said period, stop the construction and immediately decommission the works.

If the owner or occupier of the facility in sub section (1) fails to remove the works, the Authority shall decommission the works at the cost of that person.

Notwithstanding subsection (1), any person who constructs a coal value addition facility and a bulk coal storage facility without a permit is liable on conviction to a fine of not less than one million shillings.

A person licensed to operate a common user facility shall provide non-discriminatory open access to its facility for use by any licensee or person on payment of fair and reasonable charges as shall be prescribed in regulations made under this Act.

Where any licensee wilfully delays to comply with the terms of the contract pursuant to subsection (1), the Authority may compel the licensee to evacuate the coal products when appropriate and in the event of the licensee failing to comply with such direction the Authority may order disposal of such products held by a common user logistic facility and impose such penalties and fines as may be prescribed in regulations.

Every person licensed to operate a common user facility shall use a form of contract approved by the Authority which shall set out the rights and responsibilities of the licensee and users of the facility, as the case may be.

A person engaged in production of energy utilising coal shall comply with the applicable environmental, health and safety laws.

In the event of a fire, explosion, injury or fatality occurring in the course of operating a facility for energy production using coal, either by accident or through negligence, the operator of the facility shall forthwith clean up the polluted or damaged environment, at the operator's own expense, to the satisfaction of Authority.

If the operator of the facility fails, or unreasonably delays, to carry out the clean-up work referred to in subsection (2), the Authority may cause any work not carried out to be executed at the expense of the said operator.

Nothing contained in this section shall be construed as relieving the operator of the facility from any liability in respect of any loss or damage caused by his failure to comply with safety measures as required in subsection (5).

A person transporting coal by road, rail, coastal or inland waters, or any other mode shall institute measures to ensure that their mode of transportation is safe.

The Authority may, at any time, require the operator of a facility or a transporter to show that he is in compliance with the provisions of this section.