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This Act may be cited as the Electricity Transmission and Distribution Systems (Access) Act 1994.
[Section 1 amended: No. 18 of 2005 s. 139.]
In this Act, unless the contrary intention appears —
corporation means each of —
the Electricity Networks Corporation established by section 4(1)(b); and
the Regional Power Corporation established by section 4(1)(d),
of the Electricity Corporations Act 2005;
isolated system means a system for the transmission and distribution of electricity that is not connected to —
the North West interconnected system; or
the South West interconnected system as defined in section 3 of the Electricity Corporations Act 2005;
North West interconnected system means the interconnected transmission and distribution systems, generating works and associated works —
located in the Pilbara region of the State; and
into which electricity is supplied by one or more of the electricity generation plants at Dampier, Port Hedland and Cape Lambert,
as expanded or altered from time to time.
[Section 2 inserted: No. 18 of 2005 s. 139.]
[3. Deleted: No. 18 of 2005 s. 139.]
[Parts 2, 3, 4 and 5 (s. 4-88) deleted: No. 18 of 2005 s. 139.]
In this Part and in Schedules 5 and 6 —
electricity distribution capacity, in relation to the electricity distribution system operated by a corporation, means, subject to any provision made by the regulations, the capacity of the system to transport electricity from or to a particular point, consistent with the need to maintain the continuity and integrity of that system, whether or not that capacity is committed to existing users;
electricity distribution system, in relation to a corporation, means —
the part or parts of the system operated by the corporation for the transportation of electricity that is or are prescribed by the regulations for the purposes of this paragraph; and
plant and equipment that is —
used by the corporation —
in connection with the transfer of electricity to or from any part referred to in paragraph (a); or
for a purpose related to such transfer;
and
prescribed, or of a kind that is prescribed, by the regulations for the purposes of this subparagraph;
electricity transmission capacity, in relation to the electricity transmission system operated by a corporation, means the capacity of the system to transport electricity, consistent with the need to maintain the continuity and integrity of that system;
electricity transmission system, in relation to a corporation, means —
the part or parts of the system operated by the corporation for the transportation of electricity that is or are prescribed by the regulations for the purposes of this paragraph; and
plant and equipment that is —
used by the corporation —
in connection with the transfer of electricity to or from any part referred to in paragraph (a); or
for a purpose related to such transfer;
and
prescribed, or of a kind that is prescribed, by the regulations for the purposes of this subparagraph;
regulations means the regulations referred to in section 95.
In this Part user, in relation to a corporation, means a person who has an arrangement with the corporation for access to either or both of electricity transmission capacity and electricity distribution capacity, and includes the corporation to the extent that it has access to either or both of electricity transmission capacity and electricity distribution capacity.
In this Part a reference to Schedule 5 or 6 is a reference to that Schedule as in force before its repeal by the Electricity Transmission and Distribution Systems (Repeal and Related Provisions) Regulations 2007.
[Section 89 amended: No. 53 of 2003 s. 107; No. 18 of 2005 s. 139; amended in Gazette 26 Jun 2007 p. 3019.]
[90, 91. Deleted in Gazette 26 Jun 2007 p. 3019.]
[92, 93. Deleted: No. 18 of 2005 s. 139.]
The obligations imposed on a corporation by this Part and by Schedules 5 and 6 create duties that are enforceable by civil proceedings in a court, but no breach of those obligations gives rise to an action for damages.
A grant of access by a corporation under clause 2 of Schedule 5 or clause 2 of Schedule 6 to a user and the terms and conditions of that grant are to be taken to constitute a contract between the corporation and the user, and rights and obligations under the grant are enforceable accordingly.
Nothing in subsection (1) affects —
the enforceability of any contract, including a deemed contract under subsection (2), to which a corporation is a party; or
the availability of damages for a breach of any such contract.
Sections 177 and 178 of The Criminal Code do not apply to the obligations created by or under this Part and Schedules 5 and 6.
[Section 94 amended: No. 18 of 2005 s. 139; amended in Gazette 26 Jun 2007 p. 3019.]
Regulations may be made under section 96 providing for matters relating to —
access to, and pricing for, electricity transmission capacity; and
access to, and pricing for, electricity distribution capacity,
to the extent that provision in respect of those matters is necessary or expedient for the operation and enforcement of existing access agreements.
For the purposes of subsection (1) an existing access agreement is —
an access agreement as defined in the Electricity Transmission Regulations 1996 regulation 3(1); or
a distribution access agreement as defined in the Electricity Distribution Regulations 1997 regulation 3(1),
that is in operation on 1 July 2007.
Without limiting subsection (1) the regulations may, to the extent mentioned in that subsection, make provision for any matter in respect of which regulations could have been made under Schedule 5 clause 2(2), (3) or (4) or Schedule 6 clause 2(2), (3) or (4).
[Section 95 inserted in Gazette 26 Jun 2007 p. 3020.]
The Minister may, by instrument published in the Government Gazette, declare that a specified relevant provision does not have effect on and after a specified day, and a declaration so made has effect accordingly.
A declaration is not to be made in respect of a relevant provision unless the Minister is of the opinion that the matters to which the relevant provision relates —
no longer need to be dealt with, or will no longer need to be dealt with on and after the specified day, under this Act or any other written law; or
are adequately dealt with, or will be adequately dealt with on and after the specified day, under —
another provision of this Act; or
the Electricity Industry Act 2004 Part 8, the Code established under that Part and the electricity system and market rules under that Act.
A declaration is not to be made after the expiration of the period of 18 months beginning on the day on which Schedule 5 clause 17 of the Electricity Corporations Act 2005 comes into operation.
Regulations made under section 96 may —
repeal any specified relevant provision that has ceased to have effect because of a declaration;
effect any repeal of or amendment to any other provision of this Part or Schedule 5, 6 or 7 that is consequential on a repeal referred to in paragraph (a); and
prescribe any matter that it is necessary or convenient to prescribe for transitional or savings purposes in relation to a declaration or in relation to a repeal or amendment referred to in paragraph (a) or (b).
In this section —
declaration means a declaration made under subsection (1);
relevant provision means any of section 90 or 91 or Schedule 5 or 6, or any portion of any of those sections or Schedules;
specified means specified in the declaration.
[Section 95A inserted: No. 33 of 2004 s. 26; amended: No. 18 of 2005 s. 139; No. 1 of 2024 s. 50.]
The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.
[Section 96 inserted: No. 18 of 2005 s. 139.]
[Part 7 deleted: No. 18 of 2005 s. 139.]
[Schedules 1, 2, 3 and 4 deleted: No. 18 of 2005 s. 139.]
[Schedules 5 and 6 deleted in Gazette 26 Jun 2007 p. 3019.]
[Schedule 7 deleted: No. 18 of 2005 s. 139.]
This is a compilation of the Electricity Transmission and Distribution Systems (Access) Act 1994 and includes amendments made by other written laws 2. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Short title | Number and year | Assent | Commencement |
|---|---|---|---|
Electricity Corporation Act 1994 3 | 86 of 1994 | 15 Dec 1994 | Act other than s. 90, 91 and 93: 1 Jan 1995 (see s. 2(1) and Gazette 23 Dec 1994 p. 7069); |
State Enterprises (Commonwealth Tax Equivalents) Act 1996 s. 10(3) | 55 of 1996 | 11 Nov 1996 | 1 Jul 1996 (see s. 2 and 3(3)) |
Statutes (Repeals and Minor Amendments) Act 1997 s. 52 | 57 of 1997 | 15 Dec 1997 | 15 Dec 1997 (see s. 2(1)) |
Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 32 | 10 of 1998 | 30 Apr 1998 | 30 Apr 1998 (see s. 2(1)) |
Acts Amendment and Repeal (Financial Sector Reform) Act 1999 s. 76 | 26 of 1999 | 29 Jun 1999 | 1 Jul 1999 (see s. 2(1) and Gazette 30 Jun 1999 p. 2905) |
Gas Corporation (Business Disposal) Act 1999 s. 45 and 87 | 58 of 1999 | 24 Dec 1999 | s. 45: 24 Dec 1999 (see s. 2(1)); |
Reprint of the Electricity Corporation Act 1994 as at 4 Jan 2000 (includes amendments listed above except those in the Gas Corporation (Business Disposal) Act 1999 s. 87) | |||
Statutes (Repeals and Minor Amendments) Act 2000 s. 14 | 24 of 2000 | 4 Jul 2000 | 4 Jul 2000 (see s. 2) |
State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 42 | 43 of 2000 | 2 Nov 2000 | 17 Feb 2001 (see s. 2(1) and Gazette 16 Feb 2001 p. 903) |
Corporations (Consequential Amendments) Act 2001 Pt. 22 | 10 of 2001 | 28 Jun 2001 | 15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285) |
Labour Relations Reform Act 2002 s. 27 | 20 of 2002 | 8 Jul 2002 | 15 Sep 2002 (see s. 2(1) and Gazette 6 Sep 2002 p. 4487) |
Electricity Corporation (Act Amendment) Regulations 2002 published in Gazette 1 Nov 2002 p. 5375‑87 | 1 Nov 2002 | ||
Reprint 2: The Electricity Corporation Act 1994 as at 3 Jan 2003 (includes amendments listed above) | |||
Corporations (Consequential Amendments) Act (No. 3) 2003 Pt. 4 4 | 21 of 2003 | 23 Apr 2003 | 11 Mar 2002 (see s. 2 and Cwlth Gazette 24 Oct 2001 No. GN42) |
Acts Amendment (Equality of Status) Act 2003 Pt. 18 | 28 of 2003 | 22 May 2003 | 1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579) |
Sentencing Legislation Amendment and Repeal Act 2003 s. 57 | 50 of 2003 | 9 Jul 2003 | 15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445) |
Labour Relations Reform (Consequential Amendments) Regulations 2003 r. 21 published in Gazette 15 Aug 2003 p. 3685‑92 | 15 Sep 2003 (see r. 2) | ||
Energy Legislation Amendment Act 2003 s. 102‑108, 109(1)‑(3) and 110(1)‑(3) 7 | 53 of 2003 | 8 Oct 2003 | 8 Oct 2003 (see s. 2(1) and (2)) |
Statutes (Repeals and Minor Amendments) Act 2003 s. 49 | 74 of 2003 | 15 Dec 2003 | 15 Dec 2003 (see s. 2) |
Electricity Legislation Amendment Act 2004 Pt. 2 Div. 2 | 33 of 2004 | 20 Oct 2004 | 24 Nov 2004 (see s. 2 and Gazette 23 Nov 2004 p. 5243) |
Electricity Corporations Act 2005 Sch. 5 cl. 7-22 5, 6 | 18 of 2005 (as amended by No. 8 of 2009 s. 50(3)(b)) | 13 Oct 2005 | Sch. 5 (other than cl. 21(2)(a)(ii)): 1 Apr 2006 (see s. 2(2) and Gazette 31 Mar 2006 p. 1153) Sch. 5 cl. 21(2)(a)(ii) deleted by No. 8 of 2009 s. 50(3)(b) |
Reprint 3: The Electricity Transmission and Distribution Systems (Access) Act 1994 as at 4 Aug 2006 (includes amendments listed above) | |||
Electricity Transmission and Distribution Systems (Repeal and Related Provisions) Regulations 2007 published in Gazette 26 Jun 2007 p. 3018-21 8 | r. 1 and 2: 26 Jun 2007 (see r. 2(a)); | ||
Electricity Industry Amendment (Distributed Energy Resources) Act 2024 Pt. 2 Div. 4 | 1 of 2024 | 7 Mar 2024 | 6 Feb 2025 (see s. 2(b) and SL 2025/31 cl. 2) |
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
Short title | Number and year | Assent | Commencement |
|---|---|---|---|
Electricity Industry Amendment (Distributed Energy Resources) Act 2024 Pt. 3 Div. 3 | 1 of 2024 | 7 Mar 2024 | To be proclaimed (see s. 2(b)) |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
corporation 2
declaration 95A(5)
electricity distribution capacity 89(1)
electricity distribution system 89(1)
electricity transmission capacity 89(1)
electricity transmission system 89(1)
existing access agreement 95(2)
isolated system 2
North West interconnected system 2
regulations 89(1)
relevant provision 95A(5)
specified 95A(5)
user 89(2)
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Attribute work as: © State of Western Australia 2025.
By Authority: GEOFF O. LAWN, Government Printer