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3.1.14 Legal and Regulatory Framework This section outlines the policy on various legislative instruments including the Public Utilities Act, Land Planning Act (LPA), Investment Authority Act (IAA), Development Control Act (DCA), and the National Solid Waste Management Authority Act (NSWMAA). The government also should consider developing other environmental legislation and regulations, with a view to eliminating gaps in the overall legislative and regulatory framework, and harmonizing these instruments where appropriate for the purpose of ensuring comprehensive sustainable development. Other relevant legislative, policy, or regulatory instruments include the following. • Petroleum Industry (Encouragement) Act (1963) • Land Development and Control Act (1977) • Land Acquisition Act (1958) • National Solid Waste Management Authority Act (2005) • Vehicles and Road Traffic Act (Part II) (1947) • Transport Board Act (1995) • An Act to amend the Transport Board Act (No. 22 of 1998) • Environmental Protection Levy Act—Schedule Part I (2002) See http://www.laws.gov.ag/acts/volume5.htm for more detailed provisions on many of the abovementioned legislation, regulations, and policies. 3.1.15 Institutional Framework The current institutional framework for energy management includes the ministry in charge of public utilities (APUA), the Energy Desk established in the Office of the Prime Minister, and a National Energy Task Force responsible for producing and implementing the NEP (Government of Antigua and Barbuda 2010d) and which has the mandate (PetroCaribe Energy Cooperation Agreement 2005) to examine prospects for the use of alternative energy, evaluate consumption patterns, develop a 30-year consumption forecast, and review all legislation addressing energy consumption including the Public Utilities Act (Government of Antigua and Barbuda 2010d). The Task Force is composed of stakeholders drawn from a broad cross section of agencies and disciplines, including engineers and project managers. Major challenges in the framework include a lack of transparency and accountability among institutional actors and unclear roles and responsibilities—particularly a clearly defined chain of responsibility. The NEP seeks to outline the institutional structure appropriate for Antigua, but suffers some shortcomings. It identifies the National Energy Task Force (NETF), proposes a Sustainable Energy Unit (SEU) to replace the Energy Desk, and speaks to a proposed project for the establishment of the Eastern Caribbean Energy Regulatory Authority (ECERA). Regarding the role identified for the NETF in the NEP, it has been significantly and substantively reduced to “examining current and anticipated energy consumption patterns in Antigua and Barbuda, technological advancements in the field of alternative energy, advancements in the field of energy conservation and other considerations, with the view towards advising the government on improvements to the National Energy Policy and the Sustainable Energy Plan.”13 Much of the mandates previously given to the NETF have been transferred to the SEU. The role of the SEU includes, 13 Supra note 9. 23PDF Image | Energy Policy and Analysis Caribbean
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