Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 24A]
[Heading inserted by No. 58 of 1999
s. 52.]
(1) In this
Schedule —
emergency means —
(a) any
event or circumstance in relation to a supply system by reason of which the
supply of gas from it is, or in the opinion of the Minister may reasonably be
expected to be, seriously affected; or
(b) any
event or circumstance in relation to any act, matter or thing by reason of
which the supply of gas from a supply system is, or in the opinion of the
Minister may reasonably be expected to be, seriously affected,
that, in the opinion of the operator of the supply
system, requires the immediate exercise of powers given by clause 2 or,
in the opinion of the Minister, requires the exercise of powers given by
clause 3(1) or 4;
emergency order means an order under
clause 3(1);
seriously affected means affected to the extent
that —
(a) any
life or property is or may be endangered; or
(b) the
supply of gas to a significant proportion of the users of gas delivered either
directly or indirectly by the supply system is, may be, or should be, reduced
or terminated;
supply system means the privatised DBNGP system
within the meaning of the Dampier to Bunbury Pipeline Act 1997 or any
distribution system operated within the State.
(2) For the
purposes of the definition of emergency the supply of gas from a supply system
is to be regarded as being affected if the obtaining or manner of delivery of
gas from it is affected.
[Clause 1 inserted by No. 58 of 1999
s. 52; amended by No. 28 of 2006 s. 181.]
(1) If a state of
emergency exists in relation to a supply system, the operator of the supply
system is to notify the Minister of the state of emergency as soon as
practicable after becoming aware of it.
(2) If a state of
emergency exists which, by reason of the nature of the emergency, does not
reasonably allow sufficient time for the emergency to be avoided or mitigated
or the continued transport and supply of gas to be ensured through the
exercise by the Minister of powers given by clause 3, the operator of the
supply system concerned may take any immediate measures that seem appropriate
to avoid or mitigate the emergency, or to ensure the continued transport and
supply of gas, in a manner that seems appropriate.
[Clause 2 inserted by No. 58 of 1999
s. 52; amended by No. 28 of 2006 s. 181.]
(1) If a state of
emergency exists, the Minister may make any order that the Minister considers
necessary and the circumstances reasonably allow, to —
(a)
provide for —
(i)
gas to be transported 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; and
(ii)
the control, regulation, imposition of restrictions upon,
curtailment, interruption, prohibition, or termination, of the supply or use
of gas 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 any period or
periods specified in the order;
(b)
provide for 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;
(c)
provide for the delegation, either generally or specifically, to any person or
body of any authority or discretion of the Minister under this Schedule.
(2) An emergency order
has effect —
(a) in
the portion of the State specified in it; and
(b) on
and from the time the order is made, or such later time as is specified in the
order,
and it ceases to have
effect 7 days after it first has effect, unless previously renewed or
cancelled.
(3) An emergency order
is to be —
(a)
published for general information in any portion of the State affected by the
order as soon as practicable and in a manner that the Minister considers
likely to be appropriate having regard to the circumstances and what may be
practicable;
(b)
confirmed thereafter by notice in the Gazette setting out —
(i)
the time and date on which it was made; and
(ii)
the time, date and manner of its original publication;
and
(c) if
the manner of publication under paragraph (a) was not by means of a
notice in a newspaper, made known in that manner as soon as circumstances
permit.
(4) An emergency order
may be renewed, cancelled or varied by the Minister by a subsequent order.
[Clause 3 inserted by No. 58 of 1999
s. 52; amended by No. 28 of 2006 s. 181.]
4 . Emergency action by Minister
If a state of
emergency exists, the Minister may take any measures considered appropriate in
relation to the emergency, or in relation to the consequences of that
emergency, to diminish the effect of, or to terminate, that emergency,
including measures to discontinue supply to any person considered by the
Minister to be contravening an emergency order.
[Clause 4 inserted by No. 58 of 1999
s. 52; amended by No. 28 of 2006 s. 181.]
5 . Liability to punishment continues
The cancellation or
variation of an emergency order does not affect —
(a) any
penalty or punishment incurred, imposed, or liable to be incurred or imposed,
before the cancellation or variation; or
(b) any
investigation or legal proceedings in respect of such a penalty or punishment,
despite any other
enactment.
[Clause 5 inserted by No. 58 of 1999
s. 52.]
Despite any obligation
or duty that a person has to effect or continue any supply of gas, neither
that person, the Minister, the State, any Minister of the Crown, nor an
officer or servant of any of them, is liable for —
(a) any
interruption, diminution, or termination of any supply that arises by reason
of any act done in good faith in the exercise or in purported exercise of
powers given by this Schedule; or
(b) any
loss or damage consequential upon an interruption, diminution, or termination
of supply referred to in paragraph (a).
[Clause 6 inserted by No. 58 of 1999
s. 52; amended by No. 28 of 2006 s. 181.]
(1) While a state of
emergency exists and for so long afterwards as the circumstances reasonably
require, a person given powers by this Schedule may, without notice and
without any warrant other than this subclause, immediately enter onto or into
any land, premises or thing if it is necessary to do so to exercise any of
those powers.
(2) 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.
(3) A person
exercising the power of entry given by this clause 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.
(4) If entry is
effected under this clause for the purpose of exercising powers under
clause 3 or 4, the Minister may recover as a debt from the operator of
the supply system concerned the costs of any expenses incurred in dealing with
that emergency, including any expenses incurred in complying with obligations
under subclause (3).
(5) While an emergency
order is in force, any person authorised by the Minister in writing to do so
may, without prior notice, enter premises supplied with gas and there make any
search or examination necessary to determine whether the order is, in respect
of those premises, being contravened in any respect.
[Clause 7 inserted by No. 58 of 1999
s. 52; amended by No. 28 of 2006 s. 181.]
(1) A
person —
(a)
obstructing a person in the exercise of a function under this Schedule; or
(b)
contravening an emergency order,
commits an offence.
(2) The penalty for an
offence under subclause (1) is —
(a) in
the case of an individual, $5 000;
(b) in
the case of a body corporate, $50 000.
[Clause 8 inserted by No. 58 of 1999
s. 52.]
