By virtue of the Toll Roads Act and the Concession Agreements the toll road Operator is entitled to a variation of toll once every twelve months effective on the anniversary date of the last adjustment.

Below is a summary of the process for adjusting the toll charges:

1. The application for a variation of the toll levels is to be made by the Concessionaire/Developer to the Toll Regulator no later than two months prior to anniversary of the last adjustment. A copy of this application is sent to the Ministry, NROCC and the Toll Authority.

2. Where the Toll Regulator is satisfied, he makes recommendation to the Minister and the Ministry.

3. Approval is sought from Cabinet to proceed. The Toll Roads Act (section 23) alludes to a discretion in approval while the Concession Agreements in Clause 22 and Schedule 15 speaks more specifically to this discretion; it however speaks to the consequences for exercising it. Implications for failure to approve the application and grant the variation are as outlined below:
Clause 22.3 of the Concession and Clause 1.3 of Schedule 15 state that where the approval is not provided on the relevant date at the levels that the Developer requested, the Developer can require the Grantor (NROCC -the Government’s Representative) to pay compensation for lost revenue for the period in which the actual toll levels are below those requested. This may arise either due to delays in implementing, insistence that a lower rate is charged or where the request is completely refused.

4. Where the decision has been made by Cabinet to proceed with the variation, the Minister, by notice in a daily newspaper, informs the public and/or interest groups of the intent and invites them to make submissions to the Toll Authority concerning the proposed variation; it is customary to provide a notice period for the submission of comments of 5- 7 days.

5. The Toll Authority summarizes the submission and forwards the summary to the Minister for consideration.

6. The Ministry subsequently makes a Gazette Order for the variation to be implemented.

7. Once the Order authorizing the variation has been made, the Developer shall (by publication of press advertisements by nationwide newspapers and such radio announcement as the Developer considers appropriate) inform the public of the variation. These advertisements are to be published so as to ensure that the public is provided with due notice before the variation is implemented.