Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If an inspector is
of the opinion that a component that the inspector is authorised to
inspect —
(a) does
not conform with any Act to which his or her powers extend; or
(b) is
unsafe,
the inspector may make
an order under subsection (2).
(2) The inspector may,
by order in writing served on the network operator of the distribution system
or distribution or transmission works, require work to be done, or other
measures to be taken, by the network operator within the period specified in
the order to ensure that each component specified in the order conforms with
the relevant Act or is rendered safe.
(3) In making an order
under subsection (2), the inspector may extend the scope and operation of
the order to other components that are similar to a component that has been
inspected under section 14 either generally or in relation to a specified
type of component.
(4)
Subsection (3) does not apply unless the Director approves of the terms
of the order before it is made.
(5) Before the
Director approves the terms of the order, the Director must —
(a)
consult with the relevant network operator; and
(b)
consider the effect of the terms of the order on work or other measures being
undertaken or proposed to be undertaken by the network operator on the
distribution system or distribution or transmission works.
(6) An order under
subsection (3) is not to be served on the network operator
unless —
(a) the
inspector has given the network operator an opportunity to assess the extent
to which the other components of the distribution system or distribution or
transmission works conform with the relevant Act or need to be rendered safe;
and
(b) the
inspector has made a reasonable effort to consult with the network operator
about means of ensuring that the component or type of component conforms with
the relevant Act or is rendered safe; and
(c) the
inspector and the network operator cannot within a reasonable time reach an
agreement in writing on —
(i)
the work to be done, or other measures to be taken, to
ensure that the component or type of component conforms with the relevant Act
or is rendered safe; and
(ii)
the time within which the work is to be done or the
measures are to be taken.
(7) If the inspector
and the network operator reach an agreement of the kind described in
subsection (6)(c), the agreement does not take effect until it is
approved by the Director.
(8) If the Director
approves an agreement between an inspector and the network operator
on —
(a) the
work to be done, or other measures to be taken, to ensure that the component
or type of component conforms with the relevant Act or is rendered safe; and
(b) the
time within which the work is to be done or the measures are to be taken,
the network operator
must carry out that work or take those measures in the agreed time or within
such further time as the Director may specify.
(9) If a network
operator does not carry out the work or take the measures referred to in
subsection (8) in the agreed time or within such further time as the
Director may specify, the inspector may, by order in writing served on the
network operator, require the work to be done or the measures taken, by the
network operator within the period specified in the order.
[Section 18C inserted by No. 5 of 2007
s. 15.]