Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 11M]
[Heading inserted by No. 20 of 1999
s. 9; amended by No. 53 of 2003 s. 96.]
1 . Licence terms and conditions
A licence may
include provisions —
(a)
requiring the licensee to enter into agreements on specified terms or on terms
of a specified type, other than agreements relating to the provision of access
to gas distribution capacity that are covered by the National Gas Access
(Western Australia) Law; and
(b)
requiring the licensee to observe specified industry codes with such
modifications or exemptions as may be determined by the Authority; and
(c)
requiring the licensee to maintain specified accounting records and to prepare
accounts according to specified principles; and
(d)
preventing the licensee from engaging in or undertaking specified business
activities or any other business in the gas industry in the State; and
(e) if
the licence is a trading licence, specifying methods or principles to be
applied by the licensee in determining its fees or charges; and
(f)
specifying methods or standards to be applied in supplying gas under the
authority of the licence; and
(g)
specifying procedures for surrender of the licence; and
(h)
requiring the licensee to provide to the Authority, in the manner and form
determined by the Authority, specified information on any matter relevant to
the operation of the licence, the operation of the licensing scheme provided
for in Part 2A, or the performance of the Authority’s functions
under that Part; and
(i)
regulating the construction, alteration, operation or
maintenance of a distribution system; and
(ia) if
the licence is a distribution licence, requiring the licensee to undertake an
extension of, or an expansion to, the distribution system located within an
area specified in the licence; and
(ib) if
the licence is a trading licence, requiring the licensee to ensure the supply
of gas to existing or new customers who require it, in such circumstances as
may be specified in the licence whether by reference to a class of gas
customer, the amount of gas to be supplied to the customer or customers of a
class, where the gas is to be consumed, or any other factor; and
(ic) if
the licence is a trading licence, regulating the extent to which the
licensee’s gas customers may be of a particular class; and
(id)
requiring the licensee to lodge with the Authority securities in an amount and
of a nature acceptable to the Authority securing the performance by the
licensee of the requirements, responsibilities and obligations under the
licence; and
(j)
relating to the performance of functions by the licensee
including —
(i)
the range of functions that may be performed by the
licensee; and
(ii)
performance criteria to be met by the licensee; and
(iii)
community service obligations, that is obligations that
are not commercially justified, to be discharged by the licensee;
and
(k) if
the licence is a trading licence, specifying any limitation on the capacity of
the parties by express agreement to exclude, modify or restrict the terms and
conditions of the customer contract; and
(l) if
the licence is a trading licence, specifying standards of customer service to
be applied in supplying gas under the authority of the licence; and
(m)
relating to obligations of the licensee with respect to public authorities and
other licensees; and
(n)
relating to the disposal or transfer of property, rights or liabilities of a
specified kind either during the term of the licence or on or after its
expiration by effluxion of time including provisions —
(i)
prohibiting any disposal or transfer of property except
with the approval of a specified person; and
(ii)
prohibiting the giving of any encumbrance over specified
property except with the approval of the Authority; and
(iii)
requiring the transfer of property, rights or liabilities
of a specified kind to a specified person on or within a specified time after
the expiration of the licence; and
(iv)
with respect to the consideration to be provided in
respect of any disposal or transfer; and
(v)
with respect to the arbitration of disputes that arise in
connection with any disposal or transfer; and
(vi)
of a supplementary, consequential or transitional nature
in relation to any disposal or transfer.
[Schedule 1A inserted as Schedule 1 by
No. 20 of 1999 s. 9; amended by No. 58 of 1999 s. 51;
renumbered as Schedule 1A by No. 53 of 2003 s. 96; amended by
No. 53 of 2003 s. 30; No. 67 of 2003 s. 62; No. 8 of 2009
s. 52(3); No. 16 of 2009 s. 67; No. 19 of 2010
s. 51.]