Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This Act binds the
Crown —
(a) to
the extent that the Crown is a consumer;
(b) in
respect of its provisions relating to matters of safety; and
(c) in
relation to land vested in the Crown in right of the State,
but not otherwise.
(2) Where in relation
to a provision of this Act any question, difference, or dispute arises, or may
arise, between an energy operator and any government department or local
government as to the rights, powers or authority of, or the discharge of any
duty by, the energy operator, or as to their respective functions or interest,
then —
(a)
where the matter relates to a government department —the Minister
charged with the administration of that government department may consult with
the Minister;
(b)
where the matter relates to a local government — the local
government shall refer the matter to the Minister charged with the
administration of the Local Government Act 1995 , who may consult with
the Minister,
and where the
Ministers so agree after such consultation the Minister shall give to the
energy operator such directions as result from the consultation, but where no
such consultation is concluded or if the Ministers can not agree as to the
matter the matter may be finally and conclusively determined by the Governor
and effect shall be given to any such determination.
(3) The Governor may
finally and conclusively determine any question, difference or dispute arising
or about to arise in relation to a provision of this Act between an energy
operator and any government department or local government with respect to the
exercise of any right, power, or authority or the discharge of any duty
whether or not referred to him under subsection (2) and whether or not
the Ministers had purported to agree pursuant to that subsection, and effect
shall be given to any such determination.
[Section 6 amended by No. 24 of 1986
s. 6; No. 89 of 1994 s. 39 and 41; No. 14 of 1996
s. 4; No. 58 of 1999 s. 83(1) and (3).]
[ 7-15. Deleted by No. 89 of 1994 s. 8.]
[ 16. Deleted by No. 24 of 1986 s. 13.]
[ 17-19. Deleted by No. 89 of 1994
s. 8.]
[ 20-25. Deleted by No. 24 of 1986
s. 15.]
[ 26, 27, 27A. Deleted by No. 89 of 1994
s. 8.]