Western Australian Current Acts Western Australian Current Acts (1) Except in so far
as —
(a) an
energy operator is expressly charged with a particular duty to do so in
relation to any specific person, body, authority, premises or circumstances by
or pursuant to this Act or any other Act; or
(b) an
energy operator is required to do so by or pursuant to any contract or
agreement to which the energy operator is a party, whether made under the
authority of or brought within the provisions of any Act,
the energy operator is
not bound to supply energy to any person, body or authority.
(2) Notwithstanding
that an energy operator may be expressly charged with a particular duty to
effect or continue any supply of energy, or to effect, maintain or continue
any such supply having particular characteristics, qualities or
specifications, or is required so to do by or pursuant to any contract or
agreement (except to the extent to which subsection (4) applies) or has in any
other case effected from time to time a supply of energy, or such a supply
having particular characteristics, qualities or specifications, then the
energy operator shall nevertheless not be liable to effect, maintain or
continue the supply of energy, or a supply having those particular
characteristics, qualities or specifications, and shall not be required to pay
compensation for or be liable in respect of any penalty, loss or damage
thereby arising, if that supply —
(a) is
of a nature or extent that, in the opinion of the energy operator, will
require an expenditure which the energy operator is unwilling to incur unless
the person, body, or authority seeking to effect, maintain or continue such
supply enters into an agreement with the energy operator under subsection (3)
relating to the supply; or
(b) is
such that, in the opinion of the energy operator, it should be refused,
curtailed or in some manner limited so as to ensure that any waste, nuisance,
or undue consumption is prevented or remedied or that the available supplies
or reserves of energy are conserved, whether for the time being or
permanently; or
(c)
would in the opinion of the energy operator, interfere with, or adversely
affect, any supply system, or cause annoyance to, or interfere with or
otherwise adversely affect the supply of energy to, other persons, or would
appear, in the opinion of the energy operator, to be unsafe or dangerous to
life or property; or
(d)
relates to any land, premises or thing where —
(i)
any installation or apparatus provided or installed by
any person, or the manner of use of the energy, or any other matter or thing,
is not in compliance with a requirement previously made known by the energy
operator, whether or not a prescribed requirement, applicable thereto; or
(ii)
any service apparatus provided or installed by or
belonging to the energy operator has been interfered with or has not been
maintained in compliance with a requirement previously made known by the
energy operator, whether or not a prescribed requirement, applicable thereto;
or
(e) is
affected by reason of measures taken in respect of a system emergency pursuant
to section 57; or
(f) is
prevented, interrupted, curtailed, reduced or detrimentally affected by reason
of any cause other than a negligent act or omission on the part of the energy
operator or an officer, servant or agent of the energy operator.
(3) Where an energy
operator is by reason of the operation of this Act or any other Act at liberty
to refuse to effect supply or to refuse to continue any supply the energy
operator may nevertheless effect or continue such supply if the person, body
or authority seeking to effect, maintain or continue the supply enters into an
agreement with the energy operator relating to the supply on such terms and
conditions as the energy operator thinks fit, including without limitation a
condition that the person, body or authority is to pay to the energy operator
the cost, as determined by the energy operator, of appropriate network
development.
(3a) In subsection (3)
—
appropriate network development means extending,
or increasing the capacity of, the supply system to enable supply to be
effected, maintained, or continued in accordance with the agreement, and it
includes making those extensions or increases in capacity in a way that
accommodates future demands on the supply system that the energy operator
might anticipate, whether or not the demands of the person, body, or authority
entering into the agreement.
(4) Where any contract
or agreement executed by an energy operator under its Common Seal so
stipulates effect shall not, or shall to the extent stipulated but not
otherwise, be given to subsection (2)(a) in relation to that contract or
agreement.
[Section 58 amended: No. 24 of 1986 s. 24; No. 89
of 1994 s. 20, 39 and 41; No. 58 of 1999 s. 83(1) and (3); (correction to
reprint in Gazette 22 Nov 2002 p. 5533); No. 53 of 2003 s. 113.]