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s 45

Extension of certain provisions of Energy Operators (Powers) Act 1979

In force
Part 2Licensing of electricity supply
Division 9Extension of Energy Operators (Powers) Act 1979 to licensees

45 Extension of certain provisions of Energy Operators (Powers) Act 1979

(1)

A reference to an energy operator in a provision of the Energy Operators (Powers) Act 1979 that is prescribed in the regulations (a prescribed provision) includes a licensee if the regulations provide that the provision is prescribed in respect of the licensee or a class of licensees to which the licensee belongs.

(2)

Regulations made for the purposes of this section may —

(a)

restrict the operation of, or add a further requirement to, a prescribed provision in relation to a licensee or class of licensees; or

(b)

impose conditions or restrictions on the doing of any thing authorised by a prescribed provision by a licensee or a member of a class of licensees; or

(c)

prohibit a licensee or a member of a class of licensees from doing any thing authorised by a prescribed provision; or

(d)

require a consent or approval to be obtained for the doing of, or the manner of doing, any thing authorised by a prescribed provision.

(3)

Regulations made for the purposes of this section are not to prescribe the Energy Operators (Powers) Act 1979 sections 28(3)(e) and 45(4) to (16) in respect of a licensee other than a relevant corporation.

(4)

If the provisions of the Energy Operators (Powers) Act 1979 referred to in subsection (3) are prescribed provisions in respect of a relevant corporation, Division 8 does not apply to the corporation.

(5)

In this section —

licensee includes any person in whom the assets, rights and interests of a former licensee are vested under regulations referred to in section 35(4);

relevant corporation means —

(a)

the Electricity Networks Corporation; or

(b)

the Regional Power Corporation; or

(c)

a subsidiary of a corporation mentioned in paragraph (a) or (b).

[Section 45 amended: No. 18 of 2005 s. 139.]

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