Essential Services Regulation (No 3) 2022 (NSW)

Editorial note—

This Regulation remains in force until the Essential Services Proclamation(No 3) 2022 is revoked or otherwise ceases to be in force.

1Name of Regulation

This Regulation is the Essential Services Regulation (No 3) 2022.

2Commencement

This Regulation commences on 17 July 2022.

3Definition

In this Regulation—

the Act means the Essential Services Act 1988.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4Authorisation of Minister for Energy to give directions—the Act, s 9(1)

For the Act, section 9, the Minister for Energy is authorised to direct a person to do an act or thing to increase, or facilitate the increase of, the supply or distribution of coal to a power station.

(2)

A person who refuses or fails to comply with a direction made or given under this section is guilty of an offence against this Regulation.

Note—

The Act, section 29(1) provides that a person who commits an offence against a regulation made under the Act, section 9 is liable to a penalty not exceeding 10 penalty units.

(3)

To avoid doubt, this Regulation and a direction given under this Regulation have effect despite a contrary provision of a contract or agreement.

Note—

The Act, section 5 provides that the Act has effect despite anything express or implied in any contract or agreement, whether oral or in writing.

5Repeal(1)

The Essential Services Regulation (No 2) 2022 is repealed.

(2)

This Regulation is repealed on the earlier of the following—

• (a)

  the revocation of the Essential Services Proclamation (No 3) 2022,

• (b)

  the Essential Services Proclamation (No 3) 2022 otherwise ceases to be in force.

Historical notesTable of amending instruments

Essential Services Regulation (No 3) 2022 (384). LW 15.7.2022. Date of commencement, 17.7.2022, sec 2.