Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the context otherwise requires —
acquisition in relation to land or any estate or
interest in land includes taking or resumption, and cognate expressions have a
corresponding meaning;
apparatus means any apparatus, equipment, plant,
or appliance in which energy is capable of being, or is, or is intended to be
transmitted, distributed, used, consumed or converted, and includes any meter,
fitting, or connection;
charges includes any sum due from the consumer to
an energy operator pursuant to section 62(1);
consumer installation includes all wiring, piping,
apparatus and other works not being the property of the supplier of energy on
any premises to which energy is, or is intended to be, supplied from the
position at which the delivery of energy is made;
Coordinator of Energy means the Coordinator of
Energy referred to in section 4 of the Energy Coordination Act 1994
;
distribution works means any works, apparatus or
system, utilised or capable of being or intended to be utilised for the
purpose of transmitting or distributing energy to consumers and includes any
other equipment or plant used in conjunction therewith, and any part thereof;
electricity corporation means —
(a) the
Electricity Generation Corporation established by section 4(1)(a) of the
Electricity Corporations Act 2005 ;
(b) the
Electricity Networks Corporation established by section 4(1)(b) of the
Electricity Corporations Act 2005 ;
(c) the
Electricity Retail Corporation established by section 4(1)(c) of the
Electricity Corporations Act 2005 ; or
(d) the
Regional Power Corporation established by section 4(1)(d) of the
Electricity Corporations Act 2005 ;
energy includes electrical, hydro-electrical,
chemical, thermal, tidal, nuclear, or solar energy and all other kinds of
energy however derived, of whatever form or description, or however used, and
the term extends to comprise the source or sources of any such energy;
energy operator means —
(a) an
electricity corporation if regulations have not been made for the purposes of
section 45(1) of the Electricity Industry Act 2004 ;
(b) in a
prescribed provision as defined in section 45(1) of the Electricity
Industry Act 2004 , a person who, under that section, is included in a
reference in that prescribed provision to an energy operator;
(c) in a
provision of this Act referred to in Schedule 2 Part 1 or 2 of the
Energy Coordination Act 1994 , a person who, under section 11ZO of
that Act, is included in a reference in that provision to an energy operator;
(d) in a
provision to which paragraphs (b) and (c) both apply, a person referred
to in either of those paragraphs;
generating works means any works, apparatus or
system whatsoever utilised or capable of being or intended to be utilised for
the production or generation of energy, or for the manufacture or treatment or
storage of energy for supply or use, or for the conversion of energy from one
form into another, up to the point at which transmission or distribution
commences for the purposes of making supply, and includes all land, building,
structures and appurtenances pertaining thereto, any other equipment or plant
used in conjunction therewith, and any part thereof;
government department or department includes any
branch of the Public Service of the State established as a Department within
the meaning of that term as defined in the Public Service Act 1978 2 ,
but also means any other body established by an Act being a body
that —
(a)
administers or carries out in the State functions in the public interest on
behalf of the Crown in right of the State or which carries out the function of
a public utility; and
(b) is
declared by the Governor, by Order in Council, to be deemed to be a government
department for the purposes of this Act;
but where such an Order specifies that a body is
only to be deemed to be a government department for the purposes of the
provisions of this Act specified in that Order means that body in relation to
those provisions but not otherwise;
inspector means a person appointed as such
pursuant to section 68;
land includes land covered by water, and shall be
construed in accordance with section 36;
liquid petroleum gas means a liquid or vapour
which is a mixture of hydrocarbons basically consisting of butane or butene or
propane or propene, or any mixture of all or any of them;
meter includes any device designed or adapted for
the purpose of ascertaining a measure, and any other device used in
conjunction therewith to facilitate that purpose;
officer includes any person, acting within the
authorisation conferred upon him, to whom subsection (2) applies;
premises means any land, street, structure, or
other place, and may include a vehicle or other thing in or in connection with
which energy is or is to be supplied;
service apparatus means any works, apparatus or
system which is or is capable of being or is intended to be used for the
purpose of conveying, measuring, or controlling energy supplied from any
distribution works to the position on any premises at which delivery of the
energy is, is capable of being, or is intended to be, made to the consumer,
and includes any part of the service apparatus, and any other equipment or
plant used in conjunction therewith, whether or not the property of the energy
operator concerned;
street includes any highway, road, thoroughfare,
lane, alley, square, court, or place of public passage;
supply system may include the generating works,
distribution works, and service apparatus pertaining thereto;
system emergency means any event or circumstances
to which section 57(1) applies;
undertaking includes works of whatever description
used or intended to be used for the purpose of enabling or facilitating the
prospecting for, obtaining of, or the generation, conversion, development,
storage, distribution, provision or use of energy, and also includes any
necessary or convenient lands, water, mines, quarries, buildings, structures,
equipment, plant, apparatus, services, facilities, and other works or means
provided or used for or in connection therewith, together with any activities,
studies, projects, administrative arrangements, legal entities, securities or
financial arrangements, concessions, rights, patents, contracts, or other
things relating thereto;
works includes any works, excavation,
construction, or thing used or intended to be used for the purposes of a
supply system or undertaking.
(2) Where a provision
of this Act authorises an energy operator to enter upon, occupy, carry out
works in, on, over or under, or exercise any other power in relation to, any
land, premises, or thing the provision shall be construed as also
authorising —
(a) an
officer or servant of the energy operator, acting on behalf of the energy
operator in the course of his duty; or
(b) a
person acting at the request and on behalf of the energy operator under a
contract or pursuant to an Agreement of the kind referred to in
section 5(1)(b) and any employee of such a person so acting,
together with such
vehicles, vessels, machinery or equipment as may be necessary for the purpose,
to exercise that power for the purposes of this Act, and any reference to or
liability of the energy operator may where the context so requires be
construed accordingly.
[Section 4 amended by No. 101 of 1981
s. 3; No. 24 of 1986 s. 5; No. 89 of 1994 s. 6, 39
and 41; No. 14 of 1996 s. 4; No. 58 of 1999 s. 79, 83(1)
and (3) and 90; No. 24 of 2000 s. 14(13); No. 33 of 2004
s. 39; No. 18 of 2005 s. 139.]