Energy Services Corporations Act 1995

This Act is the Energy Services Corporations Act 1995.

This Act commences on a day or days to be appointed by proclamation.

In this Act:

electricity generator means a corporation constituted by this Act, being a corporation whose corporate name is listed in Part 1 of Schedule 1.

energy distributor means a corporation constituted by this Act, being a corporation whose corporate name is listed in Part 2 of Schedule 1.

energy services corporation means an electricity generator, an energy transmission operator or an energy distributor.

energy transmission operator means a corporation constituted by this Act, being a corporation whose corporate name is listed in Part 1A of Schedule 1.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Words and expressions used in this Act and also in the State Owned Corporations Act 1989 have the same meanings in this Act as they have in that Act.

Notes included in this Act do not form part of this Act.

On the day on which this section commences:

corporations are constituted by this Act under each of the corporate names listed in Part 1 of Schedule 1, and

the State Owned Corporations Act 1989 is amended by inserting in Schedule 5, in alphabetical order, each of the corporate names listed in Part 1 of Schedule 1.

The principal objectives of an electricity generator are as follows:

to be a successful business and, to this end:

to operate at least as efficiently as any comparable businesses,

to maximise the net worth of the State’s investment in it,

to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,

to protect the environment by conducting its operations in compliance with the principles of ecologically sustainable development contained in section 6 (2) of the Protection of the Environment Administration Act 1991,

to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates,

to operate efficient, safe and reliable facilities for the generation of electricity,

to be an efficient and responsible supplier of electricity,

to be a successful participant in the wholesale market for electricity.

Each of the principal objectives of an electricity generator is of equal importance.

The provisions of section 20E of the State Owned Corporations Act 1989 do not apply to an electricity generator.

An electricity generator has the functions conferred or imposed on it by or under this or any other Act or law.

The principal functions of an electricity generator are:

to establish, maintain and operate facilities for the generation of electricity and other forms of energy, and

to supply electricity and other forms of energy to other persons and bodies.

An electricity generator:

may also provide facilities or services that are ancillary or incidental to its principal functions, and

may also conduct any business (whether or not related to its principal functions) that it considers will further its objectives.

An electricity generator may acquire, hold, sell or otherwise deal with or trade in carbon sequestration rights within the meaning of section 87A of the Conveyancing Act 1919.

This section does not limit the functions of an electricity generator apart from this section, but is subject to the provisions of this Act, the State Owned Corporations Act 1989 and any other Act or law.

On the day on which this section commences:

a corporation is constituted by this Act under the corporate name listed in Part 1A of Schedule 1, and

the State Owned Corporations Act 1989 is amended by inserting in Schedule 5, in alphabetical order, the corporate name listed in Part 1A of Schedule 1.

The principal objectives of an energy transmission operator are as follows:

to be a successful business and, to this end:

to operate at least as efficiently as any comparable businesses,

to maximise the net worth of the State’s investment in it,

to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,

to protect the environment by conducting its operations in compliance with the principles of ecologically sustainable development contained in section 6 (2) of the Protection of the Environment Administration Act 1991,

to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates,

to operate efficient, safe and reliable facilities for the transmission of electricity and other forms of energy,

to promote effective access to those transmission facilities.

Each of the principal objectives of an energy transmission operator is of equal importance.

Without limiting subsection (1) (b), in implementing the principal objectives set out in subsection (1), an energy transmission operator has the special objective of minimising the environmental impact on land of activities authorised by easements for transmission facilities created in favour of the energy transmission authority. In implementing this special objective, the transmission operator is bound by all relevant laws (such as those concerning native vegetation, soil conservation and easement management) applying at the time.

The provisions of section 20E of the State Owned Corporations Act 1989 do not apply to an energy transmission operator.

An energy transmission operator has the functions conferred or imposed on it by or under this or any other Act or law.

The principal functions of an energy transmission operator are:

to establish, maintain and operate facilities for the transmission of electricity and other forms of energy, and

to provide services for the transmission of electricity and other forms of energy in accordance with the relevant regulatory regime.

An energy transmission operator may also utilise and develop its facilities for the transmission of electricity to carry out telecommunications services (the telecommunications function).

Without limiting subsection (2A), in exercising the telecommunications function, an energy transmission operator may do any of the following:

install a telecommunications cable or equipment by attaching it to, or incorporating it in, any of its facilities for the transmission of electricity,

remove any telecommunications cables or equipment so installed,

operate and carry out work relating to telecommunications cables so installed,

operate those facilities for the transmission of electricity for the purposes of telecommunications.

Any power or right that an energy transmission operator has under an affected easement with respect to the exercise of its principal functions is taken to extend to the exercise of the telecommunications function.

Divisions 2 and 3 of Part 5 of the Electricity Supply Act 1995 apply to and in respect of the exercise by an energy transmission operator of the telecommunications function as if the references in those Divisions to electricity works included references to telecommunications works.

Note—

An energy transmission operator, may, for example, for the purposes of exercising its telecommunications function, exercise powers of entry under, and in accordance with, Division 3 of Part 5 of the Electricity Supply Act 1995.

An energy transmission operator:

may also provide facilities and services that are ancillary or incidental to its principal or telecommunications functions, and

may also conduct any business (whether or not related to its principal or telecommunications functions) that it considers will further its objectives.

This section does not limit the functions of an energy transmission operator apart from this section, but is subject to the provisions of this Act, the State Owned Corporations Act 1989 and any other Act or law.

In this section:

affected easement means any easement (whether created statutorily or otherwise):

acquired (whether by agreement or compulsorily) before the commencement of this paragraph, or

acquired compulsorily after the commencement of this paragraph.

On the day on which this section commences:

corporations are constituted by this Act under each of the corporate names listed in Part 2 of Schedule 1, and

the State Owned Corporations Act 1989 is amended by inserting in Schedule 5, in alphabetical order, each of the corporate names listed in Part 2 of Schedule 1.

The principal objectives of an energy distributor are as follows:

to be a successful business and, to this end:

to operate at least as efficiently as any comparable businesses,

to maximise the net worth of the State’s investment in it,

to exhibit a sense of social responsibility by having regard to the interests of the community in which it operates,

to protect the environment by conducting its operations in compliance with the principles of ecologically sustainable development contained in section 6 (2) of the Protection of the Environment Administration Act 1991,

to exhibit a sense of responsibility towards regional development and decentralisation in the way in which it operates,

to operate efficient, safe and reliable facilities for the distribution of electricity and other forms of energy,

to be an efficient and responsible supplier of electricity and other forms of energy and of services relating to the use and conservation of electricity and other forms of energy,

to be a successful participant in the wholesale and retail markets for electricity and other forms of energy and for services relating to the use and conservation of electricity and other forms of energy.

Each of the principal objectives of an energy distributor is of equal importance.

The provisions of section 20E of the State Owned Corporations Act 1989 do not apply to an energy distributor.

An energy distributor has the functions conferred or imposed on it by or under this or any other Act or law.

The principal functions of an energy distributor are:

to establish, maintain and operate facilities for the distribution of electricity and other forms of energy, and

to supply electricity and other forms of energy, and services relating to the use and conservation of electricity and other forms of energy, to other persons and bodies.

An energy distributor:

may also provide facilities or services that are ancillary or incidental to its principal functions, and

may also conduct any business (whether or not related to its principal functions) that it considers will further its objectives.

An energy distributor may acquire, hold, sell or otherwise deal with or trade in carbon sequestration rights within the meaning of section 87A of the Conveyancing Act 1919.

In seeking to obtain electricity and other forms of energy, an energy distributor should consider:

all sources of energy, with particular regard to energy that has been produced from renewable energy reserves, and

the likely impact on the environment of the means by which energy from each such source is produced.

An energy distributor should encourage users of electricity and other forms of energy:

to use energy safely, efficiently and in a manner that minimises the adverse effects on the environment of their activities in their use of energy, and

in particular, to observe safe procedures in the operation of electrical installations and electrical articles.

An energy distributor should promote public awareness of the dangers that can arise from damaging or coming into contact with works used in connection with the distribution of electricity and other forms of energy.

This section does not limit the functions of an energy distributor apart from this section, but is subject to the provisions of this Act, the State Owned Corporations Act 1989 and any other Act or law.