Western Australian Current Acts Western Australian Current Acts (1) Where the owner or
occupier of land makes application in writing to an energy operator to supply
energy to a place on that land and the place is beyond the normal point from
which the energy operator is prepared to supply energy in the performance of
its functions, the energy operator may supply energy to that place or such
other place on the land as the energy operator may determine if the applicant
agrees with the energy operator in writing to do all or any of the following
things, namely —
(a) to
pay the energy operator for the energy so supplied to him subject to such of
the terms and conditions of supply as would from time to time have been
applicable to him had he been a consumer to whom energy was supplied, for a
like purpose at that place, by the energy operator otherwise than on the basis
of a contract;
(b) to
pay to the energy operator within 3 months, or such further period as the
energy operator may agree, after the agreement is made such amount as the
energy operator by that agreement may specify by way of capital contribution,
being the amount which the energy operator anticipates will be the cost of
appropriate network development;
(c) to
pay to the energy operator a maintenance provision, being the amount which the
energy operator considers will be required for the purposes of meeting the
costs of depreciation or replacement, maintenance, administration, and
incidental matters relating to the works in question, either —
(i)
by negotiation with the energy operator, by way of a
capitalised amount calculated by reference to the capital contribution which
in the opinion of the energy operator will thereafter produce a revenue
sufficient to make provision for such costs; or
(ii)
by way of periodic instalments on demand, pursuant to
such agreement, of such amount, at such times, and over such period not
exceeding 30 years, as may be therein specified,
as the energy
operator, having regard to the circumstances of the case, may require and for
the purposes of this section and of all agreements made under this section, or
section 32A of the State Electricity Commission Act 1945 2 as from time to
time amended, a reference to maintenance shall be construed as including, and
always having included, a reference to the felling, lopping, or removal of, or
any other method of dealing with, vegetation growing on any land over, on or
in which the works in question pass or are situated for the purpose of
safeguarding those works.
(1a) In subsection
(1)(b) —
appropriate network development means extending,
or increasing the capacity of, the supply system to enable the requested
supply to be effected, 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
applicant.
(2) An energy operator
may require the due payment of any instalments payable pursuant to subsection
(1) to be secured by security to the satisfaction of the energy operator or to
be guaranteed by the applicant or some other person, or by both the applicant
and such other person either jointly or severally.
(3) An energy operator
shall review the supply system relevant to any supply effected under this
section at least once in every 3 years, and in any case where it thinks fit
the energy operator may do both or either of the following things, namely
—
(a)
refund the whole or part of the amount of any moneys paid by way of capital
contribution, or by way of a capitalised amount paid pursuant to subsection
(1)(c)(i); or
(b)
reduce or discontinue the amount of the instalments referred to in subsection
(1)(c).
(4) Subject to
subsection (3), an energy operator, at the expiration of the period referred
to in subsection (1)(c) as agreed upon and specified in any agreement made
between the energy operator and the applicant pursuant to that subsection, or
earlier if the energy operator so elects, shall refund any amount held by the
energy operator and paid pursuant to subsection (1)(b) by way of capital
contribution or by way of a capitalised amount paid pursuant to subsection
(1)(c)(i).
(5) An energy operator
may terminate the supply of energy agreed to be supplied to the applicant
pursuant to this section —
(a) if
any moneys due to the energy operator for energy so supplied by it remain
unpaid for not less than 7 days after they become due; or
(b) if
the applicant fails to comply with the terms and conditions of any agreement
made by him with the energy operator pursuant to subsection (1),
without in any way
affecting the right of the energy operator to enforce any right it may have
against the applicant in respect thereof.
(6) Where the supply
of energy to land is terminated pursuant to subsection (5), or otherwise, if a
written application is made to the energy operator by any person to resume the
supply of energy to that land, the energy operator may make the supply
available upon the applicant agreeing in writing to take the supply upon the
same terms and conditions as those in force immediately preceding the date on
which the supply was so terminated or upon those terms and conditions as
varied by agreement between the energy operator and the applicant.
(7) Where an energy
operator determines that it is not practicable to supply energy to any place
the energy operator may assist an applicant to make other arrangements for the
supply of energy thereto including —
(a)
making contributions, up to such amount, in such manner, and at such
intervals, as may be prescribed, towards the cost of the provision of suitable
works;
(b) the
bulk purchase and individual sale of generating units and approved apparatus;
(c) the
provision of advisory and technical services,
subject to such
arrangements being approved by the energy operator, and regulations made under
this Act may make provision accordingly.
[Section 61 amended: No. 101 of 1981 s. 15; No. 24
of 1986 s. 25; No. 89 of 1994 s. 23, 39, 40 and 41; No. 58 of 1999 s. 83; No.
53 of 2003 s. 114.]