Electricity Transmission Regulations 1996

The user, by entering into an access agreement, represents and warrants to the corporation that —

it has duly complied, and will up to the termination of the access agreement continuously comply, with all environmental and safety laws with respect to any of its obligations connected with, arising out of or in relation to the Act, these regulations or the access agreement;

it will, as at the date electricity is first transferred through the relevant connection under the access agreement, have in full force and effect all necessary authorisations, licences, permits, consents, certificates, authorities and approvals necessary under all law to enable it to observe its obligations under the Act, these regulations and the access agreement, and to allow those obligations to be enforced;

it will, as at the date electricity is first transferred through the relevant connection under the access agreement, have in full force and effect all necessary leases, licences or easements to construct, operate and maintain any connection and other facilities for which it is responsible under these regulations or an access agreement;

its obligations under the access agreement are valid and binding and are enforceable against it in accordance with their terms;

the access agreement and any other transaction under it does not contravene the user’s constituent documents or any law or any of its obligations or undertakings by which it or any of its assets are bound or cause to be exceeded any limitation on its or its directors’ powers;

its obligations to make payments under the access agreement rank at least equally with all unsecured and unsubordinated indebtedness of the user except debts mandatorily preferred by law;

neither the user nor any of its related bodies corporate is in default under a law affecting any of them or their respective assets, or any obligation or undertaking by which it or any of its assets are bound;

there is no pending or threatening action or proceeding affecting the user or any of its related bodies corporate or any of their respective assets before a court, the governmental agency, commission, arbitrator or other tribunal which will, or might reasonably be expected to, materially affect its ability to perform its obligations under the access agreement;

neither the user nor any of its related bodies corporate have immunity from the jurisdiction of a court or from legal process (whether through service of notice, attachment prior to judgment attachment in aid of execution, execution or otherwise); and

the user is not an agent or trustee (except if and to the extent that it is disclosed as such in its application under Part 2) in relation to the access agreement or the electricity transferred under the access agreement.

These representations and warranties are by force of this regulation to be taken to be made on each day on which —

electricity is transferred to or from the connection; or

any amount payable by the user to the corporation under an access agreement is or may be outstanding.

[Regulation 47 amended: Gazette 31 Mar 2006 p. 1339-40.]