Electricity Transmission and Distribution Systems (Repeal and Related Provisions) Regulations 2007 (WA)

3018 GOVERNMENT GAZETTE, WA 26 June 2007

EN303*

Electricity Transmission and Distribution Systems

(Access) Act 1994

Regulations 2007.

Electricity Transmission and Distribution Systems (Repeal and Related Provisions)

Regulations 2007

Made by the Lieutenant-Governor and deputy of the Governor in

Executive Council.

Part 1 — Preliminary

1.            Citation

These regulations are the Electricity Transmission and Distribution Systems (Repeal and Related Provisions)

26 June 2007 GOVERNMENT GAZETTE, WA 3019

2.            Commencement

These regulations come into operation as follows:

(a)	regulations 1 and 2—on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on 1 July 2007.

3.            Purpose

These regulations are made for purposes related to the
Electricity Transmission and Distribution Systems (Access)
Declaration 2007.

4.            The Act amended

The amendments in these regulations are to the Electricity
Transmission and Distribution Systems (Access) Act 1994*.

[* Reprint 3 as at 4 August 2006.]

Part 2 - Repeals

5.	Sections 90 and 91 repealed Sections 90 and 91 are repealed.
6.	Schedules 5 and 6 repealed Schedules 5 and 6 are repealed.

Part 3 - Other amendments

7.           Section 89 amended

(1) Section 89(1) is amended as follows:

(a)	by deleting the definition of "prescribed pricing policy";
(b)	by deleting the definition of "referee".

(2) Section 89(3) is repealed and the following subsection is

inserted instead -

(3) 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.

8.            Section 94 amended

Section 94(1) is amended by deleting all of the subsection after
"enforceable" and inserting instead -

"

by civil proceedings in a court, but no breach of those
obligations gives rise to an action for damages.

3020 GOVERNMENT GAZETTE, WA 26 June 2007

9.            Section 95 replaced

Section 95 is repealed and the following section is inserted instead -

95. Regulations for access and pricing - existing access
agreements

(1) Regulations may be made under section 96 providing

for matters relating to -

(a)	access to, and pricing for, electricity transmission capacity; and
(b)	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.

(2) For the purposes of subsection (1) an "existing access

agreement" is -

(a)

an access agreement as defined in the regulation 3(1); or

(b) a distribution access agreement as defined in the Electricity Distribution Regulations 1997 regulation 3(1),

that is in operation on 1 July 2007.

(3) 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).

Part 4 - Transitional provisions

10.

Continued operation of Electricity Transmission and Distribution Systems (Access) Act 1994 Schedule 5 clause 2(4)

(1)

Despite the Electricity Transmission and Distribution Systems (Access) Declaration 2007 clause 2 and the repeal effected by regulation 6, the Electricity Transmission and Distribution Systems (Access) Act 1994 Schedule 5 clause 2(4) continues to have effect, subject to subregulation (2), in relation to the operation and enforcement of any access agreement (as defined in the Electricity Transmission Regulations 1996 regulation 3(1)) that is in operation on 1 July 2007.

26 June 2007 GOVERNMENT GAZETTE, WA 3021

Electricity Transmission and Distribution Systems (Access)
(2) The subregulation (1) as if it were amended by deleting "effect." and inserting instead -

"

effect, unless the contract expressly provides that the provision applies despite any inconsistency with the essential terms and conditions.

11.	Continued operation of Electricity Transmission and Distribution Systems (Access) Act 1994 Schedule 6 clause 2(4)
(1)	Despite the Electricity Transmission and Distribution Systems (Access) Declaration 2007 clause 2 and the repeal effected by regulation 6, the Electricity Transmission and Distribution Systems (Access) Act 1994 Schedule 6 clause 2(4) continues to have effect, subject to subregulation (2), in relation to the operation and enforcement of any distribution access agreement (as defined in the Electricity Distribution Regulations 1997 regulation 3(1)) that is in operation on 1 July 2007.
(2)	The Electricity Transmission and Distribution Systems (Access) Act 1994 Schedule 6 clause 2(4) continues to have effect under subregulation (1) as if it were amended by deleting "effect." and inserting instead -
44

effect, unless the contract expressly provides that the provision applies despite any inconsistency with the essential terms and conditions.

By Command of the Lieutenant-Governor and

deputy of the Governor,

G. M. PIKE, Clerk of the Executive Council.