Energy Coordination Act 1994
Energy Coordination Exemption Order 2009
Energy Coordination Act 1994
Energy Coordination Exemption Order 2009
Western Australia
Energy Coordination Exemption Order 2009
Contents
1.Citation1
2.Commencement1
3.Exemption from s. 11G(1) — developer constructing distribution system1
4.Exemptions for on supply to residential premises3
5.Exemption for on‑supply to commercial premises4
Notes
Compilation table6
Defined terms
Western Australia
Energy Coordination Act 1994
Energy Coordination Exemption Order 2009
[Clause 1 amended in Gazette 24 Sep 2010 p. 5009.]
This order comes into operation as follows —
(a)clauses 1 and 2 — on the day on which this order is published in the Gazette;
(b)the rest of the order — on the day after that day.
[Clause 2 amended in Gazette 24 Sep 2010 p. 5009.]
3.Exemption from s. 11G(1) — developer constructing distribution system
(1)A person who subdivides land (the developer) is exempt from the Energy Coordination Act 1994 section 11G(1) in relation to the construction of a distribution system for the transportation of gas to lots resulting from that subdivision.
(2)The exemption provided for in subclause (1) is subject to the conditions set out in subclauses (3), (4) and (6).
(3)Before construction of the distribution system starts, or within such further time as the Coordinator allows, the developer must provide the Coordinator with evidence to the satisfaction of the Coordinator that the developer has entered into an agreement with the holder of a distribution licence (the licensee) making provision for the following matters —
(a)the licensee’s design and construction requirements for the distribution system;
(b)an audit by the licensee or its nominee of the distribution system, after construction is completed, to ensure compliance with the requirements mentioned in paragraph (a) and all relevant statutory requirements;
(c)arrangements for the transfer of ownership of the distribution system to the licensee;
(d)the allocation of responsibility for maintenance of the distribution system before gas is transported through it;
(e)a requirement for the licensee to be given plans and other documentation relating to the distribution system.
(4)Before construction of the distribution system starts, or within such further time as the Director allows, the developer must give the Director a written notice that —
(a)sets out or is accompanied by information about the design and attributes of the distribution system including pipe pressure, materials to be used in construction and projected gas load;
(b)sets out the name and contact details of the entity with primary responsibility for carrying out construction of the distribution system;
(c)sets out the projected timeframe for construction of the distribution system;
(d)sets out or is accompanied by a map showing the location of the distribution system.
(5)The Director may, by written notice given to the developer, specify guidelines that are to be observed in the construction of the distribution system.
(6)The developer must ensure that guidelines specified under subclause (5) are observed.
4.Exemptions for on supply to residential premises
(1)In this clause —
administering body has the meaning given in the Retirement Villages Act 1992 section 3(1);
residential premises means premises or any part of premises used, or intended to be used, as a person’s principal place of residence;
retirement village has the meaning given in the Retirement Villages Act 1992 section 3(1);
scheme has the meaning given in the Strata Titles Act 1985 section 3(1);
strata company has the meaning given in the Strata Titles Act 1985 section 3(1);
supply charge for gas means the sum of —
(a)the volumetric charge for the gas; and
(b)any service fee or charge attributable to the supply of the gas,
paid or payable by the supplier.
(2A)A person (the supplier) is exempt from the Energy Coordination Act 1994 section 11G(1) if the distribution system concerned is used or to be used solely for the transportation of gas for consumption on residential premises under the control or management of the supplier.
(2)A person (the supplier) who sells gas to a small use customer for consumption on residential premises under the control or management of the supplier is exempt from the Energy Coordination Act 1994 section 11G(2) in relation to that sale.
(3)For the purposes of subclauses (2A) and (2) residential premises are under the control or management of a supplier if the supplier is —
(a)the owner of the premises; or
(b)in the case of premises on land to which a scheme relates, the strata company for the scheme; or
(c)in the case of premises in a retirement village, the administering body of the retirement village.
(4)The exemption provided for in subclause (2) is subject to the condition that the amount paid by the small use customer to the supplier for the gas must not exceed the sum of —
(a)the volumetric charge for the gas; and
(b)any service fee or charge attributable to the supply of the gas,
paid or payable by the supplier.
[Clause 4 amended in Gazette 24 Sep 2010 p. 5010.]
5.Exemption for on‑supply to commercial premises
(1)In this clause —
commercial premises means premises or any part of premises used, or intended to be used, for commercial or industrial purposes;
scheme has the meaning given in the Strata Titles Act 1985 section 3(1);
strata company has the meaning given in the Strata Titles Act 1985 section 3(1).
(2)A person (the supplier) is exempt from the Energy Coordination Act 1994 section 11G(1) if the distribution system concerned is used or to be used solely for the transportation of gas for consumption on commercial premises under the control or management of the supplier.
(3)For the purposes of subclause (2) commercial premises are under the control or management of a supplier if the supplier is —
(a)the owner or occupier of the premises; or
(b)in the case of premises on land to which a scheme relates, the strata company for the scheme.
[Clause 5 inserted in Gazette 24 Sep 2010 p. 5010.]
1This is a compilation of the Energy Coordination Exemption Order 2009 and includes the amendments made by the other written laws referred to in the following table.
|
Citation |
Gazettal |
Commencement |
|
Energy Coordination Exemption Order 2009 |
31 Mar 2009 p. 1022‑4 |
cl. 1 and 2: 31 Mar 2009 (see cl. 2(a)); |
|
Energy Coordination Exemption Amendment Order 2010 |
24 Sep 2010 p. 5009‑10 |
cl. 1 and 2: 24 Sep 2010 (see cl. 2(a)); |
[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)
administering body4(1)
commercial premises5(1)
developer3(1)
licensee3(3)
residential premises4(1)
retirement village4(1)
scheme4(1), 5(1)
strata company4(1), 5(1)
supplier4(2A), 4(2), 5(2)
supply charge4(1)