Energy Operators (Powers) Act 1979

In this section —

by reason of which the ability of the operator of the distribution system to maintain a supply of energy from the distribution system is, or may reasonably be expected to be, affected (and for the purposes of this section a reference to a distribution system is taken to extend to any act, matter or thing which affects, or in the opinion of the operator or the Minister may affect, the supply of energy or the obtaining or manner of delivery of any energy or energy resource); and

by reason of which —

any life or property is or may be endangered; or

the normal operation of the whole or any part of the distribution system has been, or may be, or should be interrupted, curtailed or terminated; or

the capacity of the distribution system is for any reason insufficient to satisfy any demand or anticipated demand by supply in the normal manner;

which, in the opinion of the operator of the distribution system, requires the immediate exercise of the powers conferred by subsection (2) or which, in the opinion of the operator or the Minister, requires the exercise of the powers conferred by subsection (3).

If a system emergency exists in relation to a distribution system, the operator of the distribution system is to notify the Minister of the system emergency as soon as practicable after becoming aware of it.

Where a system emergency exists which by reason of the nature of the emergency does not reasonably allow reference to the Minister (which reference shall in any event be made as soon as practicable) the operator of the distribution system may take all such immediate measures as shall seem to it appropriate to avoid or mitigate the emergency, or to ensure the continued distribution of energy in such manner as to it seems possible and which it deems to be necessary or proper.

When a system emergency exists —

the Minister may make any order that the Minister considers necessary, to provide for —

the distribution of the kind of energy affected and the control, regulation, imposition of restrictions upon, curtailment, interruption, prohibition, or termination, of the supply or use of the kind of energy affected, to or by any person or class of persons, or upon any premises or class of premises, within the whole or any portion of the State, or for any particular purpose or purposes, for such period or periods as may be specified in the order; and

the exemption of any person or class of persons, or of any premises or class of premises, or of any place or institution or class of place or institution, from the operation of the whole or part of the order;

the Minister may and is hereby empowered to take all and any such measures as the Minister considers appropriate in relation to the event or circumstances giving rise to the system emergency, or in relation to the consequences of that emergency as are intended to diminish the effect of, or to terminate, that emergency including measures to discontinue supply to any person, body or authority who or which in the opinion of the Minister is contravening the provisions of any such order; and

the Minister may by order delegate, either generally or specifically, to an energy operator any power of the Minister under this section.

An energy operator to whom a power is delegated under subsection (3)(c) cannot delegate that power but can perform it through a member of its staff or an agent.

An energy operator exercising a power that has been delegated to it under subsection (3)(c) is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

Any order made pursuant to subsection (3) may be renewed, cancelled or varied by a subsequent order so made.

An order made pursuant to subsection (3) shall have effect and the force of law in the portion of the State therein specified on and from the time of the making of the order, or such other subsequent date as is specified in the order, and shall cease to have effect 7 days thereafter unless previously renewed or cancelled.

An order made pursuant to subsection (3) shall be published for general information in such portion of the State as is affected by the order as soon as practicable and in such manner as the Minister considers likely to be appropriate having regard to the circumstances and what may be practicable, and it shall be confirmed thereafter by notice in the Government Gazette setting out the time and date on which it was made and the time, date and manner of its original publication, and if the original manner of publication was not by means of a notice in a newspaper shall be made known in that manner as soon as circumstances permit.

The cancellation or variation of an order does not affect any penalty or punishment incurred, imposed, or liable to be incurred or imposed, prior to that cancellation or variation, or any investigation or legal proceedings in respect of such a penalty or punishment, notwithstanding any other enactment.

Notwithstanding any obligation or duty of the operator of a distribution system, or of the Crown in right of the State, to effect or continue any supply of energy of the kind affected by the system emergency neither the operator or any officer or servant of the operator, nor the Minister or the Crown in right of the State, shall be liable for any interruption, diminution, or termination of any such supply, or for any loss or damage consequential upon such an interruption, diminution, or termination of supply, if that interruption, diminution, or termination arises by reason of any act of the operator or any officer or servant of the operator made in good faith in the exercise or in purported exercise of the powers contained in this section.

While a system emergency exists and for so long afterwards as the circumstances reasonably require, a person given powers by this section may, without notice and without any warrant other than this subsection, immediately enter onto or into any land, premises or thing if it is necessary to do so to exercise any of those powers.

Any question as to what is a necessary entry may be determined by the person exercising the power of entry, and in any proceedings the question is to be presumed, in the absence of evidence to the contrary, to have been determined in good faith.

A person exercising a power of entry given by this section is required, as soon as practicable, to —

remove or cause to be removed any machinery, equipment or other thing that the person brought or caused to be brought onto or into the land, premises, or thing for the purpose for which entry was made; and

make good any physical damage caused in the course of exercising the powers for the purposes of which entry was made, or pay compensation or effect restoration, rehabilitation or restitution.

If entry is effected under this section for the purpose of exercising powers under subsection (3), the Minister may recover as a debt from the operator of the distribution system concerned the costs of any expenses incurred in dealing with the system emergency, including any expenses incurred in complying with obligations under subsection (9b).

While an order under subsection (3) is in force, any person authorised by the Minister in writing to do so may, without prior notice, enter premises supplied with energy of the kind to which the order relates and there make any search or examination necessary to determine whether the order is, in respect of those premises, being contravened in any respect.

Without limiting anything in this section, the Minister may do anything the Minister considers necessary to prevent the occurrence of a system emergency.

Any person —

obstructing a person acting pursuant to any power, authority or discretion conferred by this section; or

contravening an order made pursuant to subsection (3),

in the case of a natural person $5 000; and

in the case of a body corporate $50 000.