Electricity Industry Exemption Order 2005

lodged with the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5(1); and

approved by an authorised land officer as defined in the Land Administration Act 1997 section 3(1);

a residential property; or

a site as defined in the Caravan Parks and Camping Grounds Act 1995 section 5(1);

the Chichester Hub located on mining tenement L45/456;

the Iron Bridge located on mining tenement L45/467;

the Solomon Hub located on mining tenement L47/859;

a part of a parcel of land; and

2 or more parcels of land with common boundaries that are constituted, owned or occupied as 1 property;

In this clause —

A person is exempt from the Electricity Industry Act 2004 section 7(1) if —

in relation to the construction of generating works — the total generation capacity that the generating works will have is not more than 100 MW at each connection point after construction is completed; or

in relation to the operation of generating works — the generation capacity of the generating works is not more than 100 MW at each connection point.

The exemption provided for in subclause (2) is subject to the condition that, if the generating works are connected to a transmission system or distribution system of an electricity corporation that forms part of the SWIS, the metering of the supply of electricity from those works must be undertaken in accordance with the procedures and arrangements set out in the Electricity Industry (Metering) Code 2012.

A person is exempt from the Electricity Industry Act 2004 section 7(1) if the generating works concerned —

are located or to be located on a non‑residential property; and

are used or to be used solely for the generation of electricity for consumption by another person on the property.

A person (the supplier) is exempt from the Electricity Industry Act 2004 section 7(3) if the distribution system concerned —

is connected or to be connected to generating works operated by the supplier; and

is located or to be located on a non‑residential property; and

is used or to be used solely for the transportation of electricity for consumption by another person on the non‑residential property on which the generating works are located.

A person (the supplier) is exempt from the Electricity Industry Act 2004 section 7(4) if —

the electricity is generated using generating works operated by the supplier; and

the electricity is sold for consumption on a non‑residential property on which the generating works are located.

is generated using generating works operated by the supplier; and

is supplied to a non‑residential property part of which is occupied by the supplier; and

is sold by the supplier for consumption by another person on the non‑residential property.

A person is exempt from the Electricity Industry Act 2004 section 7(2) if the transmission system concerned —

is located or to be located on a non‑residential property; and

is used or to be used solely for the transportation of electricity for consumption on the property.

A person is exempt from the Electricity Industry Act 2004 section 7(3) if the distribution system concerned —

is located or to be located on a property; and

is used or to be used solely for the transportation of electricity for consumption on the property.

A person who is exempt under subclause (1) is exempt from the Electricity Industry Act 2004 section 7(4), in relation to the sale of electricity transported by the transmission system, if the electricity is sold for consumption on the property.

A person who is exempt under subclause (2) is exempt from the Electricity Industry Act 2004 section 7(4), in relation to the sale of electricity transported by the distribution system, if the electricity is sold for consumption on the property.

The exemptions provided for in this clause —

are subject to the conditions set out in clauses 6 and 6A; and

do not apply to the Rottnest Island Authority established under the Rottnest Island Authority Act 1987.

In this clause —

For the purposes of this clause, electricity services are services for, or in connection with, the supply of electricity.

Without limiting subclause (2), electricity services include —

the provision and maintenance of an electricity reticulation system; and

the connection of a property to an electricity reticulation system; and

the provision, maintenance and reading of a meter to measure and record the quantity of electricity supplied to a property; and

the preparation and issue of accounts in relation to the supply of electricity to a property; and

anything incidental to or associated with a matter referred to in paragraph (a), (b), (c) or (d).

If electricity supplied to a residential property by an exempt supplier is supplied to the exempt supplier by the Electricity Generation and Retail Corporation, any charge imposed by the exempt supplier for the electricity must not exceed the charge for metered consumption —

to be paid under the Energy Operators (Electricity Generation and Retail Corporation) (Charges) By‑laws 2006 by consumers for electricity supplied for residential use only; and

applying to electricity supplied by the Electricity Generation and Retail Corporation on the day of the supply.

If electricity supplied to a residential property by an exempt supplier is supplied to the exempt supplier by the Regional Power Corporation, any charge imposed by the exempt supplier for that electricity must not exceed the charge for metered consumption —

to be paid under the Energy Operators (Regional Power Corporation) (Charges) By‑laws 2006 by consumers for electricity supplied for residential use only; and

applying to electricity supplied by the Regional Power Corporation on the day of the supply.

If electricity supplied to a residential property by an exempt supplier is generated using generating works that are owned or operated by the exempt supplier, any charge imposed by the exempt supplier for that electricity must not exceed the amount necessary for the exempt supplier to recover the costs of generation.

Any fees or charges imposed by an exempt supplier for the provision of electricity services in relation to a residential property must not, in total —

in a licence area in which the Electricity Generation and Retail Corporation sells electricity to customers, exceed the fixed charge —

to be paid under the Energy Operators (Electricity Generation and Retail Corporation) (Charges) By‑laws 2006 by consumers for electricity supplied for residential use only; and

applying to electricity supplied by the Electricity Generation and Retail Corporation on the day of the supply;

in a licence area in which the Regional Power Corporation sells electricity to customers, exceed the fixed charge —

to be paid under the Energy Operators (Regional Power Corporation) (Charges) By‑laws 2006 by consumers for electricity supplied for residential use only; and

applying to electricity supplied by the Electricity Generation and Retail Corporation on the day of the supply.

Subclause (6) applies even if the electricity is generated using generating works that are owned or operated by the exempt supplier.

If an exempt supplier supplies electricity to a property, the exempt supplier must make available to an occupier of the property information that clearly sets out —

the quantity of electricity supplied to the occupier; and

the fees and charges payable by the occupier —

for electricity supplied; and

for the provision of electricity services in relation to the property.

Information referred to in subclause (7) must be made available in a manner that is easily accessible.

If information referred to in subclause (7) is not included in an account issued to an occupier of the property, the exempt supplier must inform the occupier of how to gain access to the information.

In this clause —

a retail licence; or

an integrated regional licence that authorises the licensee to sell electricity;

An exempt supplier must, in accordance with this clause, keep a register of properties at the supply address at which a person who requires life support equipment resides.

If an exempt supplier is given written confirmation, by an appropriately qualified medical practitioner, that a person residing at a property at the supply address requires life support equipment, the exempt supplier must —

include the property in the register by including its address, and the contact details of the occupier of the property, in the register; and

keep a copy of the confirmation; and

within 48 hours of being given the confirmation —

notify the retailer (if any) who supplies electricity for the supply address, that a person residing at the supply address requires life support equipment; and

give a copy of the confirmation to the retailer.

If an exempt supplier is informed that there is no person or will, after a specified date, be no person residing at a registered property at the supply address who requires life support equipment, the exempt supplier —

must, within 48 hours of being informed, pass on that information to the retailer (if any) who supplies electricity for the supply address; and

may remove the property from the register accordingly.

The exempt supplier, in relation to a registered property at the supply address —

must not interrupt the supply of electricity to the registered property unless —

48 hours’ notice has been given to the occupier of the property; or

an occupier of the property consents to the interruption;

must not disconnect the registered property for a failure to pay a fee or charge in relation to the supply of electricity to the property; and

must pass on to the occupier of the registered property any notice given to the exempt supplier of an interruption to the supply of electricity to the supply address, within 48 hours of receiving the notice; and

must pass on to the occupier of the registered property a request (if relevant) by a retailer for written confirmation by an appropriately qualified medical practitioner that a person residing at the supply address requires or continues to require life support equipment.

If a person becomes an exempt supplier in relation to a supply address by replacing a previous exempt supplier, the person must, within 48 hours of becoming an exempt supplier in relation to the supply address —

notify the occupier of each property at the supply address that they have become an exempt supplier in relation to the supply address; and

request the occupier to inform them whether or not any person who resides at the property requires life support equipment.

In this clause —

owned, occupied or leased by an Aboriginal community or members of an Aboriginal community; or

used solely or principally for the purposes of an Aboriginal community.

A person is exempt from the Electricity Industry Act 2004 section 7(3) if the distribution system concerned is used or to be used solely for the transportation of electricity for consumption on Aboriginal community premises.

A person is exempt from the Electricity Industry Act 2004 section 7(4) if the electricity is sold for consumption on Aboriginal community premises.

The exemptions provided for in this clause do not apply to the Electricity Networks Corporation, the Electricity Generation and Retail Corporation or the Regional Power Corporation.

In this clause —

owned, occupied or leased by, or by the members of, an Aboriginal community listed in Schedule 1A; or

used solely or principally for the purposes of an Aboriginal community listed in Schedule 1A.

The Regional Power Corporation is exempt from the Electricity Industry Act 2004 section 7(3) if the distribution system concerned is used or to be used solely for the transportation of electricity for consumption on relevant Aboriginal community premises.

The Regional Power Corporation is exempt from the Electricity Industry Act 2004 section 7(4) if the electricity is sold for consumption on relevant Aboriginal community premises.

Subclause (3) does not apply in relation to the sale of electricity for consumption on relevant Aboriginal community premises in respect of the following Aboriginal communities —

Barrel Well;

Kardaloo (Wandanooka);

Kurrawang.

The exemptions provided for in this clause expire on 31 December 2031.