Western Australian Current Acts Western Australian Current Acts (1) The Minister may,
under section 26, recommend the making of regulations only if the Minister
considers that —
(a)
without the grant of an exclusive licence of that kind in respect of the area
during the period of exclusivity there will be no supply of electricity, or a
limited supply, in the area during that period; and
(b) it
is not contrary to the public interest that an exclusive licence of that kind
have effect in respect of the area during the period of exclusivity; and
(c) the
regulations will provide for an open and competitive tender process to be
carried out to determine the person to whom the licence must be granted.
(2) Without limiting
the other matters that may be taken into account, for the purposes of
subsection (1)(b), the Minister is to take into account the matters referred
to in section 8(5) but as if the area or areas referred to in section 8(5)(e)
were the area referred to in subsection (1)(b).
(3) Regulations made
under section 26 —
(a) are
to set out the requirements to be observed before an application for an
exclusive licence may be made; and
(b) are
to set out the requirements to be observed, in addition to the other
provisions of this Part, before an exclusive licence may be granted; and
(c) may
provide for the terms and conditions of an exclusive licence in addition to
those otherwise provided for by this Part.
[Section 27 amended: No. 10 of 2024 s. 8.]