Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In so far as the
provisions of this Act would be inconsistent with the operation of that Act or
the implementation of that Agreement, but subject to subsection (2) and
subsection (3), nothing in this Act shall affect or be construed to
derogate from the operation of —
(a) any
Act; or
(b) any
Agreement to which the State is a party and which, or the execution of which,
is or has been ratified, authorised or approved by an Act,
whereby any right or
power is conferred upon any person, whether corporate or unincorporate, with
respect to the production, manufacture, or generation of energy, or with
respect to the conversion, acquisition, provision, distribution, supply, sale,
or use of energy, in the manner and for the purposes thereby authorised, or
shall injuriously affect or interfere with the exercise and enjoyment of any
such right or power so conferred.
(2) To the extent that
the exercise of a power vested in an energy operator by this Act would not be
inconsistent with the operation of an Act or the implementation of an
Agreement, or to the exercise and enjoyment of any right or power of the kind
referred to in subsection (1), the power so vested in the energy operator
may be exercised by the energy operator.
(3) Where by virtue of
an Agreement of the kind referred to in subsection (1)(b) an energy
operator would not otherwise be authorised so to do, in so far as the energy
operator is authorised pursuant to the consent of the parties to any such
Agreement to acquire any undertaking or any part of any undertaking, or to
exercise any power, then such authorisation may provide that the provisions of
this Act or such of those provisions as are specified therein shall apply in
any such case, notwithstanding subsection (1), and effect shall be given
thereto according to the tenor of the authorisation.
[Section 5 amended by No. 89 of 1994
s. 7, 39 and 41; No. 58 of 1999 s. 83(1) and (3).]