Energy Operators (Powers) Act 1979

Energy Operators (Regional Power Corporation) (Charges) By-laws 2006

Reprint 1: The by-laws as at 16 October 2009

 


Guide for using this reprint

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Endnotes, Compilation table, and Table of provisions that have not come into operation

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Reprinted under the Reprints Act 1984 as

at 16 October 2009

Energy Operators (Regional Power Corporation) (Charges) By-laws 2006

CONTENTS

1.Citation1

2.Commencement1

3.Terms used1

4.Electricity charges2

5.Application of residential tariffs2

6.Meter rental2

7.Fees3

8.Payment3

9.Rebates and reduced fees4

10.Calculation of charges5

11.Changes in rates5

12.Prescribed rate of interest for s. 62(16) of the Act6

Schedule 1  Supply charges

1.Terms used7

2.Tariff L2 (general supply — low/medium voltage tariff)7

3.Tariff L4 (general supply — low/medium voltage tariff)8

4.Tariff M2 (general supply — high voltage tariff)8

5.Tariff N2 (regional non‑integrated systems — cost of supply tariff)8

6.Tariff P2 (North West interconnected system — cost of supply tariff)9

7.Tariff A2 (residential tariff)9

8.Tariff C2 (special community service tariff)10

9.Tariff D2 (special tariff for certain premises)11

10.Tariff K2 (general supply with residential tariff)11

11.Tariff W2 (traffic light installations)12

Schedule 2  Street lighting

Schedule 3  Meter rentals

Schedule 4  Fees

Notes

Compilation table18

Defined Terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 16 October 2009

Energy Operators (Powers) Act 1979

Energy Operators (Regional Power Corporation) (Charges) By‑laws 2006

1.Citation

These by‑laws are the Energy Operators (Regional Power Corporation) (Charges) By‑laws 2006 1.

2.Commencement

These by‑laws come into operation on 1 April 2006.

3. Terms used

In these by‑laws, unless the contrary intention appears —

corporation means the body established by the Electricity Corporations Act 2005 section 4(1)(d);

dwelling means a house, flat, home unit or other place of residence used solely for residential purposes;

RBA cash rate means the percentage (or maximum percentage) specified by the Reserve Bank of Australia as the Cash Rate Target;

residential tariff means Tariff A2;

Tariff followed by a designation means the tariff so designated in Schedule 1;

unit, in relation to a charge for electricity, means one kilowatt hour.

[By‑law 3 amended in Gazette 30 Mar 2009 p. 1000.]

4.Electricity charges

(1)The charges to be paid by consumers for electricity supplied by the corporation are those specified in, or calculated in accordance with, Schedule 1.

(2)The charges to be paid by consumers for street lighting supplied by the corporation are those specified in Schedule 2.

5.Application of residential tariffs

(1)A consumer is entitled to be supplied on the basis of the residential tariff only if — 

(a)the premises supplied consist of a dwelling; and

(b)the supply is not used for any industrial, commercial, business, or general purpose.

(2)Notwithstanding that any premises would not otherwise be treated as a dwelling for the purposes of this by‑law, the residential tariff may be applied if the premises or any part of the premises is independently supplied and separately metered solely for the purpose of a residential supply.

6.Meter rental

(1)A consumer supplied by the corporation with electricity is liable to pay the rental specified in Schedule 3 in respect of each subsidiary meter used to meter the supply.

(2)Sub‑bylaw (1) does not apply to a consumer if —

(a)the premises supplied consist of a dwelling;

(b)the supply is not used for any industrial, commercial, business, or general purpose; and

(c)the master account is supplied under the residential tariff.

7.Fees

The fees specified in Schedule 4 are payable in respect of the matters specified in that Schedule.

8.Payment

(1)In this by‑law —

relevant period means —

(a)in the case of a consumer to whom the Code of Conduct for the Supply of Electricity to Small Use Customers applies, the period ending on the due date for payment as specified by the corporation; and

(b)in any other case, the period of 14 days after payment is requested by the corporation.

(2)A consumer supplied by the corporation must pay the appropriate charges specified in the Schedules within the relevant period.

(3)Subject to the Act section 124(4a), if payment of a charge exceeding $1 000 is not made in full within the relevant period, the consumer must pay an additional amount by way of interest for each day that the charge remains unpaid at a rate that is equal to the RBA cash rate as at that day increased by 6 percentage points.

(4)An amount payable under sub‑bylaw (2) or (3) is recoverable in any court of competent jurisdiction as a debt due to the corporation.

[By‑law 8 amended in Gazette 30 Mar 2009 p. 1000.]

9.Rebates and reduced fees

(1)In this by‑law —

eligible person means a person who satisfies the corporation that the person holds —

(a)a — 

(i)Health Care Card;

(ii)Commonwealth seniors health card; or

(iii)Pensioner Concession Card,

issued by the Department of Social Security of the Government of the Commonwealth;

(b)a Repatriation Health Card, issued by the Department of Veterans’ Affairs of the Government of the Commonwealth, that indicates on it that the person is totally and permanently incapacitated, a war widow or a dependant; or

(c)a Seniors’ Card issued by the Office of Seniors’ Interests of the Government of the State.

(2)Where electricity is supplied to a consumer who is an eligible person, for use at his or her principal place of residence and the consumer is charged on the basis of Tariff A2, the consumer is entitled to a rebate equal to the fixed charge payable under that tariff for that residence.

(3)Where a consumer who is charged on the basis of Tariff A2 for electricity supplied by the corporation satisfies the corporation that electricity supplied to the consumer has been delivered to and used at premises occupied by an eligible person as his or her principal place of residence, the consumer is entitled to a rebate equal to the fixed charge payable under that tariff for those premises.

(4)Where a fixed charge is payable for multiple dwellings and there is a dwelling in respect of which the rebate is not payable, for the purposes of ascertaining the amount of the rebate payable the amount of the fixed charge payable in respect of the first dwelling shall be taken to relate to a dwelling in respect of which a rebate is not payable.

(5)A person who comes within paragraph (a) or (b) of the definition of eligible person in sub‑bylaw (1) and who is entitled to a rebate under this by‑law is also —

(a)exempted from payment of the account establishment fee specified in Schedule 4 item 1; and

(b)entitled to pay the reduced meter testing fee specified in Schedule 4 item 6(b).

10.Calculation of charges

(1)Where a charge per unit specified in Schedule 1 depends on the number of units consumed per day the charge per unit is to be based on the average daily consumption in the accounting period.

(2)Where, for the purpose of ascertaining a charge under Tariff N2, a rate in cents per unit is to be calculated in accordance with a formula, the rate is to be rounded to the nearest one hundredth of one cent except where an amount calculated falls halfway between 2 consecutive one hundredths of one cent, in which case the rate is to be rounded to the nearest even one hundredth of one cent.

(3)Where a charge calculated in accordance with a Schedule is an amount which is not a whole number multiple of 5 cents the amount is to be rounded up or down, as the case may be, to the nearest whole number multiple of 5 cents.

11.Changes in rates

Where during any accounting period a change in the applicable rate of charges occurs, the charge payable may be adjusted by reference to the date on which the change is to take effect or by reference to the date on which the change is applied to any applicable account, whichever results in the lower charge.

12.Prescribed rate of interest for s. 62(16) of the Act

(1)In this by‑law —

interest period means the period in respect of which payment is made or credit is given.

(2)For the purposes of section 62(16) of the Act, the rate at which interest is to be paid, or given credit for, by the corporation is —

(a)the rate that is equal to the RBA cash rate for the interest period; or

(b)if there is more than one RBA cash rate for the interest period — the rate that is equal to the average of the RBA cash rates for that period.

[By‑law 12 inserted in Gazette 30 Mar 2009 p. 1000‑1.]

 

Schedule 1  Supply charges

[bl. 3, 4(1) and 10(1)]

[Heading inserted in Gazette 30 Mar 2009 p. 1009.]

1.Terms used

In this Schedule —

North West interconnected system means the electrical system from which electricity generated at one or more of the power stations at Dampier, Cape Lambert and Port Hedland, respectively, is supplied to consumers;

regional non‑integrated system means any electrical system of or conducted by the corporation from which electricity is supplied to consumers, other than the South West interconnected system and the North West interconnected system;

South West interconnected system has the meaning given in the Electricity Industry Act 2004 section 3.

[Clause 1 inserted in Gazette 30 Mar 2009 p. 1009.]

2.Tariff L2 (general supply — low/medium voltage tariff)

(1)Tariff L2 is available for low/medium voltage supply.

(2)Tariff L2 comprises —

(a)a fixed charge at the rate of 30.679 cents per day; and

(b)a charge for metered consumption at the rate of —

(i)20.163 cents per unit for the first 1 650 units per day; and

(ii)18.194 cents per unit for all units exceeding 1 650 units per day.

(3)Tariff L2 is available subject to the condition that the consumer satisfies the corporation that the amount of electricity supplied to the consumer’s premises will be less than 50 megawatt hours per annum.

[Clause 2 inserted in Gazette 30 Mar 2009 p. 1009‑10.]

3.Tariff L4 (general supply — low/medium voltage tariff)

(1)Tariff L4 is available for low/medium voltage supply.

(2)Tariff L4 comprises —

(a)a fixed charge at the rate of 32.142 cents per day; and

(b)a charge for metered consumption at the rate of —

(i)21.12 cents per unit for the first 1 650 units per day; and

(ii)19.063 cents per unit for all units exceeding 1 650 units per day.

(3)Tariff L4 is available subject to the condition that the consumer satisfies the corporation that the amount of electricity supplied to the consumer’s premises will be 50 megawatt hours or more per annum.

[Clause 3 inserted in Gazette 30 Mar 2009 p. 1010.]

4.Tariff M2 (general supply — high voltage tariff)

(1)Tariff M2 is available for consumers supplied at 6.6 kV, 11 kV, 22 kV or 33 kV or such higher voltage as the corporation may approve.

(2)Tariff M2 comprises —

(a)a fixed charge at the rate of 32.142 cents per day; and

(b)a charge for metered consumption at the rate of — 

(i)20.405 cents per unit for the first 1 650 units per day; and

(ii)18.326 cents per unit per day for all units exceeding 1 650 units.

[Clause 4 inserted in Gazette 30 Mar 2009 p. 1010.]

5.Tariff N2 (regional non‑integrated systems — cost of supply tariff)

(1)Tariff N2 applies to electricity supplied from a regional non‑integrated system to Commonwealth or foreign government instrumentalities.

(2)Tariff N2 comprises —

(a)a fixed charge at the rate of 31.31 cents per day; and

(b)a charge for metered consumption at the rate (in cents per unit) calculated in accordance with the following formula and by‑law 10(2) — 

Where —

R is the rate to be calculated; and

P is the Singapore Gas Oil 0.5%S midpoint of the Product Price Assessments for Singapore/Japan Cargoes —

(i)as amended from time to time and published by Platt’s in the Oilgram Price Report; and

(ii)as expressed in Australian dollars per litre and including the rate of duty imposed by item 10.10 of the Schedule to the Excise Tariff Act 1921 (Commonwealth).

[Clause 5 inserted in Gazette 30 Mar 2009 p. 1011.]

6.Tariff P2 (North West interconnected system — cost of supply tariff)

(1)Tariff P2 applies to electricity supplied from the North West interconnected system to Commonwealth or foreign government instrumentalities.

(2)Tariff P2 comprises —

(a)a fixed charge at the rate of 37.89 cents per day; and

(b)a charge for metered consumption at the rate of 25.13 cents per unit.

[Clause 6 inserted in Gazette 30 Mar 2009 p. 1011.]

7.Tariff A2 (residential tariff)

(1)Tariff A2 is available for residential use only.

(2)Tariff A2 comprises —

(a)a fixed charge at the rate of 32.329 cents per day or, for multiple dwellings supplied through one metered supply point, a fixed charge at the rate of —

(i)32.329 cents per day for the first dwelling; and

(ii)25.102 cents per day for each additional dwelling;

and

(b)a charge for metered consumption at the rate of 17.611 cents per unit.

[Clause 7 inserted in Gazette 30 Mar 2009 p. 1012.]

8.Tariff C2 (special community service tariff)

(1)Tariff C2 is available for small voluntary and charitable organisations, subject to the conditions listed in subclause (3).

(2)Tariff C2 comprises —

(a)a fixed charge at the rate of 29.524 cents per day; and

(b)a charge for metered consumption at the rate of — 

(i)16.093 cents per unit for the first 20 units per day; and

(ii)20.163 cents for the next 1 630 units per day; and

(iii)18.194 cents per unit per day for all units exceeding 1 650 units.

(3)Tariff C2 is available subject to the following conditions —

(a)the consumer must be a direct customer of the corporation;

(b)the consumer must be a voluntary, non‑profit making organisation;

(c)the consumer must be endorsed as exempt from income tax under the Income Tax Assessment Act 1997 (Commonwealth) Subdivision 50‑B;

(d)the consumer must provide a public service, which is available to any member of the public without discrimination;

(e)the consumer must not be a Commonwealth, State or local government department, instrumentality or agency;

(f)the consumer must not receive the major part of its funding from any organisation mentioned in paragraph (e).

(4)A consumer seeking supply under Tariff C2 must make an application to the corporation in writing accompanied by evidence which clearly demonstrates that the consumer meets all the conditions listed in subclause (3).

[Clause 8 inserted in Gazette 30 Mar 2009 p. 1012‑13.]

9.Tariff D2 (special tariff for certain premises)

(1)Tariff D2 is available for premises wholly used by a charitable or benevolent organisation for providing residential accommodation other than for commercial gain, being premises for which Tariff A2 is not available.

(2)Tariff D2 comprises —

(a)a fixed charge at the rate of 29.524 cents per day; and

(b)if under subclause (3) there is deemed to be more than one equivalent domestic residence in the premises, a charge of 22.924 cents per day for each equivalent domestic residence except the first that is deemed to be in the premises; and

(c)a charge for metered consumption at the rate of 16.093 cents per unit.

(3)The number of equivalent domestic residences deemed to be in particular premises is ascertained by dividing the facility’s total bed capacity by 5 and, where the quotient is not a whole number, by increasing it to the next highest whole number.

[Clause 9 inserted in Gazette 30 Mar 2009 p. 1013‑14.]

10.Tariff K2 (general supply with residential tariff)

(1)Tariff K2 is available for premises where the circuit wiring is not separate and the electricity is used partly for general purposes and partly for residential purposes.

(2)Tariff K2 comprises —

(a)a fixed charge at the rate of 32.329 cents per day; and

(b)a charge for metered consumption at the rate of — 

(i)17.611 cents per unit for the first 20 units per day; and

(ii)22.077 cents per unit for the next 1 630 units per day; and

(iii)19.932 cents per unit per day for all units exceeding 1 650 units.

[Clause 10 inserted in Gazette 30 Mar 2009 p. 1014.]

11.Tariff W2 (traffic light installations)

Tariff W2 comprises a charge of $3.8833 per day per kW of installed wattage.

[Clause 11 inserted in Gazette 30 Mar 2009 p. 1014.]

 

Schedule 2  Street lighting

[bl. 4(2)]

[Heading inserted in Gazette 30 Mar 2009 p. 1015.]

Item

Wattage

Type

Midnight Switch‑off (Obsolescent) Cents per day

1.15 a.m. Switch‑off Cents per day

Dawn Switch‑off Cents per day

Street lighting on current offer and for existing services

Z.01

50

Mercury Vapour

22.605

23.089

24.838

Z.02

80

Mercury Vapour

26.620

27.214

29.942

Z.03

125

Mercury Vapour

32.923

33.990

37.840

Z.04

140

Low Pressure Sodium


33.693


34.793


39.215

Z.07

250

Mercury Vapour

40.854

42.933

50.688

Z.10

400

Mercury Vapour

60.522

63.690

75.790

Z.13

150

High Pressure Sodium


31.185


32.329


38.731

Z.15

250

High Pressure Sodium


46.233


48.697


58.201

Z.18

per kW

Auxiliary Lighting in Public Places


132.451


139.810


168.773

Street lighting for existing services only

Z.05

250

Mercury Vapour

52.943

55.011

62.777

Z.06

400

Mercury Vapour

72.622

75.790

87.835

Z.08

250

Mercury Vapour 50% E.C. cost


46.893


48.939


56.727

Z.09

250

Mercury Vapour 100% E.C. cost


52.943


55.011


62.777

Z.11

400

Mercury Vapour 50% E.C. cost


66.572


69.751


81.807

Z.12

400

Mercury Vapour 100% E.C. cost


72.622


75.790


87.835

Z.14

150

H.P. Sodium

48.114

49.236

55.616

Z.16

250

H.P. Sodium 50% E.C. cost


55.286


57.772


67.254

Z.17

250

H.P. Sodium 100% E.C. cost


64.317


66.836


76.329

Z.51

60

Incandescent

22.605

23.089

24.838

Z.52

100

Incandescent

22.605

23.089

24.838

Z.53

200

Incandescent

26.620

27.214

29.942

Z.54

300

Incandescent

32.923

33.990

37.840

Z.55

500

Incandescent

52.943

55.011

62.777

Z.56

40

Fluorescent

22.605

23.089

24.838

Z.57

80

Fluorescent

26.620

27.214

29.942

Z.58

160

Fluorescent

37.235

37.752

43.802

[Schedule 2 inserted in Gazette 30 Mar 2009 p. 1014‑16.]

Schedule 3  Meter rentals

[bl. 6(1)]

The rental payable in respect of a subsidiary meter is 15.97 cents per day.

Note:Subsidiary meters are available on application for purposes approved by the corporation.

Schedule 4  Fees

[bl. 7 and 9(5)]

 

Description of fee

Amount

1.

Non‑refundable account establishment fee payable on the establishment or transfer of an account .................................................................



$32.10

2.

Three phase residential installation — 

(a)new installation or replacement of single phase meter .............................................

(b)installation of subsidiary three phase meter (each installation) .........................



$240.40


$148.50

3.

Non‑refundable reconnection fee where supply has been terminated for non‑payment of charges or for any other lawful reason ...............................



$29.60

4.

Connection to standard public telephone facility where supply not independently metered (per day) ................................................................



40.568 cents

5.

Temporary supply connection — 

(a)single phase (overhead) .........................

(b)three phase (overhead) ...........................

 

$300.00

$600.00

6.

Meter testing — 

(a)standard meter testing fee .......................

(b)reduced meter testing fee .......................

 

$152.00

$139.80

7.

Disconnection of overhead service leads following unauthorised reconnection ....................


$190.00

8.

Meter reading where reading requested by consumer ...............................................................


$19.20

9.

Supply of electricity to standard railway crossing lights (per day) ......................................................


51.843 cents

10.

Overdue account notices .......................................

$4.40

11.

Rejected account payment (where payment made through Australia Post) .........................................


$23.00

[Schedule 4 amended in Gazette 29 Jun 2007 p. 3193; 30 Mar 2009 p. 1008 and 1016‑17.]

dline

 

 

Notes

1This reprint is a compilation as at 16 October 2009 of the Energy Operators (Regional Power Corporation) (Charges) By-laws 2006 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Energy Operators (Regional Power Corporation) (Charges) By‑laws 2006

31 Mar 2006 p. 1279‑97

1 Apr 2006 (see bl. 2)

Energy Operators (Regional Power Corporation) (Charges) Amendment By‑law 2007

29 Jun 2007 p. 3192‑3

bl. 1 and 2: 29 Jun 2007 (see bl. 2(a));
By
‑laws other than bl. 1 and 2: 1 Jul 2007 (see bl. 2(b))

Energy Operators (Regional Power Corporation) (Charges) Amendment By‑laws 2009

30 Mar 2009 p. 997‑1017

bl. 1 and 2: 30 Mar 2009 (see bl. 2(a));
bl. 3 and Pt. 2: 1 Apr 2009 (see bl. 2(b));

Pt. 3: 1 Jul 2009 (see bl. 2(c))

Reprint 1: The Energy Operators (Regional Power Corporation) (Charges) By‑laws 2006 as at 16 Oct 2009 (includes amendments listed above)

 

 

 

Defined Terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

corporation3

dwelling3

eligible person9(1)

interest period12(1)

North West interconnected systemSch. 1 cl. 1

RBA cash rate3

regional non‑integrated systemSch. 1 cl. 1

relevant period8(1)

residential tariff3

South West interconnected systemSch. 1 cl. 1

Tariff3

unit3

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer