Re: Dr Ken Michael Am; ex parte Epic Energy (WA) Nominees Pty Ltd & Anor

(2002) 25 WAR 511; [2002] WASCA 231

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Certiorari, prohibition and mandamus
4. › Jurisdictional error
5. › Misconstruction of statute
6. › Whether Regulator misconceived statutory function
7. › Whether draft decision affected by errors of law
1. Administrative Law
2. › Judicial review
3. › Prematurity of application
4. › Draft decision under staged statutory process
5. › Whether rights sufficiently affected to warrant relief at draft decision stage
1. Administrative Law
2. › Judicial review
3. › Declaratory relief
4. › Discretion to grant declarations rather than prerogative writs
5. › Ongoing statutory process
6. › Whether prerogative relief unnecessary where declaratory relief adequate
1. Statutory Interpretation
2. › National Third Party Access Code for Natural Gas Pipeline Systems 1997
3. › Third party access to natural gas pipeline
4. › Tariff for use of pipeline
5. › Establishment of initial Capital Base
6. › Whether purchase price relevant
7. › Whether s 2.24 factors mandatory considerations in assessment of ss 3.1-3.20 compliance
8. › Whether s 8 self-contained code
9. › ss 2.24, 3.4, 8.1, 8.10, 8.11

Quick Take

The factors in s 2.24(a)-(g) of the National Third Party Access Code are mandatory considerations that must be given weight as fundamental elements in the Regulator's assessment of the entire proposed Access Arrangement, including compliance with ss 3.1-3.20 and the principles in s 8. Section 8 is not a self-contained code immune from s 2.24. The word 'efficient' in s 8.1(a) bears its ordinary meaning and does not import the technical economic concept of 'economic efficiency'. The actual purchase price paid for a pipeline is a matter the Regulator may properly take into account in establishing the initial Capital Base under ss 8.10 and 8.11.