Data-center law in Samoa

Planning and Urban Management Act 2004, No. 5 (Samoa)

Effective 2004-07-01 · Applies to both

Section 34 provides that all development needs consent under the Act unless a sustainable management plan or regulations provide otherwise, and section 37 requires a person to apply to the Planning and Urban Management Agency for development consent before carrying out development, accompanied by the prescribed fee and any information the Agency requires.

Section 42 lets the Agency require an applicant to provide an environmental impact assessment addressing the proposed development, in a format and covering a subject matter the Agency specifies in writing, and sections 43 to 47 require the Agency to publicly notify the application, notify affected landowners, refer it to relevant authorities, and consider submissions before deciding it.

Section 100 makes the Act binding on all public authorities, so a government-run development also needs consent, while section 84 makes it an offence to carry out development needing consent without obtaining it or to use or develop land contrary to a sustainable management plan, consent, or agreement under the Act.

Source: Full text of law

Electricity Act 2010, No. 23 (Samoa)

Effective 2011-12-01 · Applies to both

Section 13 requires a person wishing to generate electricity, other than for their own use, or to provide electricity network services to apply in writing to the Office of the Regulator for a licence, and section 12 lets the Regulator issue either an electricity network services licence or a generation licence, each for a term of not less than 15 years.

Section 16 makes it an offence to generate electricity or provide electricity network services without a licence, and sections 14 and 15 let the Regulator suspend or revoke a licence for a serious or repeated breach of the Act or a licence condition, a serious breach being one causing loss of life or property damage exceeding $100,000.

Section 18 bars an electricity network services licensee from selling, transferring, or leasing its network assets without the Regulator's approval, and Parts 4 through 8 give the Regulator power to set and review tariffs, set service standards, and resolve disputes between the licensee and consumers.

Source: Full text of law

Foreign Investment Act 2000, No. 3 (Samoa)

Effective 2000-06-15 · Applies to private

Section 6 requires a foreign investment in Samoa, defined at section 2 as involving a non-citizen holding an interest in a business, to hold a foreign investment registration certificate issued by the Chief Executive Officer of the Ministry responsible for Trade, Commerce and Industry.

Section 3 reserves the business or economic activities listed in Schedule 1 exclusively for citizens, so no non-citizen may be approved to own or participate in any of them, and section 4 restricts the activities listed in Schedule 2 to non-citizens who meet prescribed conditions, which may include a limit on foreign equity.

Section 8 requires the Chief Executive Officer to assess an application against the Reserved, Restricted, and Prohibited Lists and either issue a certificate or reject the application, and section 12 lets a certificate be cancelled where the application contained incorrect information or the business breaches a prescribed condition or engages in a Prohibited, Reserved, or Restricted activity.

Source: Full text of law