Transitional provision for existing operators
46 Transitional provision for existing operators
In this section —
commencement day means the day on which this Part comes into operation;
Western Power Corporation means the body corporate that was the corporation under the Electricity Corporation Act 1994 1 section 4 before that section was repealed by the Electricity Corporations Act 2005 Schedule 5 clause 11 3.
This section applies to every person (an existing operator) who immediately before the commencement day was undertaking any activity that, after that day, is required to be licensed under section 7.
An existing operator who wishes to apply for a licence in respect of an activity referred to in subsection (2) must do so within 12 months after the commencement day.
An existing operator is to be treated as if the person were the holder of the relevant licence —
until the expiry of 18 months after the commencement day; or
until —
a licence of that kind is granted to the person or is refused; and
in the case of a refusal, the time for an application for review of the decision under section 130 expires without an application being made or an application is made but is unsuccessful,
whichever happens first.
For the purposes of subsection (4)(b)(ii) an application is unsuccessful if it —
results in the refusal referred to in subsection (4)(b)(i) being confirmed; or
is withdrawn, discontinued or dismissed.
Where after the day on which the Electricity Corporations Act 2005 Schedule 5 clause 30 comes into operation 2 —
an electricity corporation undertakes an activity that immediately before that day was undertaken by the Western Power Corporation; and
that activity is required to be licensed under section 7 but is not so licensed,
the electricity corporation is to be treated as an existing operator in respect of that activity for the purposes of this section.
[Section 46 amended: No. 18 of 2005 s. 139.]
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