Western Australian Current Acts Western Australian Current Acts (1) In this section
—
distribution system means distribution works and
service apparatus pertaining to distribution works;
system emergency means any event or circumstance
arising or reasonably expected to arise in relation to any distribution system
—
(a) by
reason of which the ability of the operator of the distribution system to
maintain a supply of energy from the distribution system is, or may reasonably
be expected to be, affected (and for the purposes of this section a reference
to a distribution system is taken to extend to any act, matter or thing which
affects, or in the opinion of the operator or the Minister may affect, the
supply of energy or the obtaining or manner of delivery of any energy or
energy resource); and
(b) by
reason of which —
(i)
any life or property is or may be endangered; or
(ii)
the normal operation of the whole or any part of the
distribution system has been, or may be, or should be interrupted, curtailed
or terminated; or
(iii)
the capacity of the distribution system is for any reason
insufficient to satisfy any demand or anticipated demand by supply in the
normal manner;
and
(c)
which, in the opinion of the operator of the distribution system, requires the
immediate exercise of the powers conferred by subsection (2) or which, in the
opinion of the operator or the Minister, requires the exercise of the powers
conferred by subsection (3).
(1a) If a system
emergency exists in relation to a distribution system, the operator of the
distribution system is to notify the Minister of the system emergency as soon
as practicable after becoming aware of it.
(2) Where a system
emergency exists which by reason of the nature of the emergency does not
reasonably allow reference to the Minister (which reference shall in any event
be made as soon as practicable) the operator of the distribution system may
take all such immediate measures as shall seem to it appropriate to avoid or
mitigate the emergency, or to ensure the continued distribution of energy in
such manner as to it seems possible and which it deems to be necessary or
proper.
(3) When a system
emergency exists —
(a) the
Minister may make any order that the Minister considers necessary, to provide
for —
(i)
the distribution of the kind of energy affected and the
control, regulation, imposition of restrictions upon, curtailment,
interruption, prohibition, or termination, of the supply or use of the kind of
energy affected, to or by any person or class of persons, or upon any premises
or class of premises, within the whole or any portion of the State, or for any
particular purpose or purposes, for such period or periods as may be specified
in the order; and
(ii)
the exemption of any person or class of persons, or of
any premises or class of premises, or of any place or institution or class of
place or institution, from the operation of the whole or part of the order;
and
(b) the
Minister may and is hereby empowered to take all and any such measures as the
Minister considers appropriate in relation to the event or circumstances
giving rise to the system emergency, or in relation to the consequences of
that emergency as are intended to diminish the effect of, or to terminate,
that emergency including measures to discontinue supply to any person, body or
authority who or which in the opinion of the Minister is contravening the
provisions of any such order; and
(c) the
Minister may by order delegate, either generally or specifically, to an energy
operator any power of the Minister under this section.
(3a) An energy
operator to whom a power is delegated under subsection (3)(c) cannot delegate
that power but can perform it through a member of its staff or an agent.
(3b) An energy
operator exercising a power that has been delegated to it under subsection
(3)(c) is to be taken to do so in accordance with the terms of the delegation
unless the contrary is shown.
(4) Any order made
pursuant to subsection (3) may be renewed, cancelled or varied by a subsequent
order so made.
(5) An order made
pursuant to subsection (3) shall have effect and the force of law in the
portion of the State therein specified on and from the time of the making of
the order, or such other subsequent date as is specified in the order, and
shall cease to have effect 7 days thereafter unless previously renewed or
cancelled.
(6) An order made
pursuant to subsection (3) shall be published for general information in such
portion of the State as is affected by the order as soon as practicable and in
such manner as the Minister considers likely to be appropriate having regard
to the circumstances and what may be practicable, and it shall be confirmed
thereafter by notice in the Government Gazette setting out the time and date
on which it was made and the time, date and manner of its original
publication, and if the original manner of publication was not by means of a
notice in a newspaper shall be made known in that manner as soon as
circumstances permit.
(7) The cancellation
or variation of an order does not affect any penalty or punishment incurred,
imposed, or liable to be incurred or imposed, prior to that cancellation or
variation, or any investigation or legal proceedings in respect of such a
penalty or punishment, notwithstanding any other enactment.
(8) Notwithstanding
any obligation or duty of the operator of a distribution system, or of the
Crown in right of the State, to effect or continue any supply of energy of the
kind affected by the system emergency neither the operator or any officer or
servant of the operator, nor the Minister or the Crown in right of the State,
shall be liable for any interruption, diminution, or termination of any such
supply, or for any loss or damage consequential upon such an interruption,
diminution, or termination of supply, if that interruption, diminution, or
termination arises by reason of any act of the operator or any officer or
servant of the operator made in good faith in the exercise or in purported
exercise of the powers contained in this section.
(9) While a system
emergency exists and for so long afterwards as the circumstances reasonably
require, a person given powers by this section may, without notice and without
any warrant other than this subsection, immediately enter onto or into any
land, premises or thing if it is necessary to do so to exercise any of those
powers.
(9a) Any question as
to what is a necessary entry may be determined by the person exercising the
power of entry, and in any proceedings the question is to be presumed, in the
absence of evidence to the contrary, to have been determined in good faith.
(9b) A person
exercising a power of entry given by this section is required, as soon as
practicable, to —
(a)
remove or cause to be removed any machinery, equipment or other thing that the
person brought or caused to be brought onto or into the land, premises, or
thing for the purpose for which entry was made; and
(b) make
good any physical damage caused in the course of exercising the powers for the
purposes of which entry was made, or pay compensation or effect restoration,
rehabilitation or restitution.
(9c) If entry is
effected under this section for the purpose of exercising powers under
subsection (3), the Minister may recover as a debt from the operator of the
distribution system concerned the costs of any expenses incurred in dealing
with the system emergency, including any expenses incurred in complying with
obligations under subsection (9b).
(9d) While an order
under subsection (3) is in force, any person authorised by the Minister in
writing to do so may, without prior notice, enter premises supplied with
energy of the kind to which the order relates and there make any search or
examination necessary to determine whether the order is, in respect of those
premises, being contravened in any respect.
(9e) Without limiting
anything in this section, the Minister may do anything the Minister considers
necessary to prevent the occurrence of a system emergency.
(10) Any person
—
(a)
obstructing a person acting pursuant to any power, authority or discretion
conferred by this section; or
(b)
contravening an order made pursuant to subsection (3),
is guilty of an
offence.
Penalty:
(a) in
the case of a natural person $5 000; and
(b) in
the case of a body corporate $50 000.
[Section 57 amended: No. 24 of 1986 s. 23 and 42;
No. 89 of 1994 s. 39 and 41; No. 78 of 1995 s. 37; No. 58 of 1999 s. 55; No.
33 of 2004 s. 44.]