Western Australia: Electricity Industry Act 2004 (WA)

Western Australia Electricity Industry Act 2004 Western Australia Electricity Industry Act 2004 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. State electricity objective 1 Part 2 — Licensing of electricity supply Division 1 — Licence classification and area 4. Classification of licences 1 5. Licence area 1 Division 2 — Licensing requirements 6. Licensing extends to statutory providers 1 7. Requirement for licence 1 8. Power to exempt 1 Division 3 — General licensing provisions 9. Authority to consider public interest 1 10. Application for licence 1 11. Authority may determine licence terms and conditions 1 12. Regulations as to licence terms and conditions 1 13. Licence condition: performance audit 1 14. Licence condition: asset management system 1 15. Duration of licence 1 16. Renewal of licence 1 17. Licence fees 1 18. Transfer of licence 1 19. Decisions as to grant, renewal or transfer of licence 1 20. Other laws not affected 1 21. Amendment of licence on application of licensee 1 22. Amendment of licence on initiative of Authority 1 23. Notice of decisions 1 24. Licences to be available for inspection 1 25. Regulations about public consultation 1 Division 4 — Exclusive licences 26. Regulations may authorise an exclusive licence 1 27. Requirements for regulations 1 28. Application for and grant of licence 1 29. Prohibition of further licences 1 30. Trade practices authorisation 1 Division 5 — Interruption of supply 31. Interruption of supply 1 Division 6 — Enforcement 32. Failure to comply with licence 1 33. Right of licensee to make submissions 1 34. Exception where public health endangered 1 35. Cancellation of licence 1 36. Duty to leave system in safe condition 1 Division 7 — Administration and monitoring of licensing scheme and issue of codes 37. Authority to administer licensing scheme 1 38. Authority to monitor licensing scheme and licence compliance 1 39. Authority may issue codes 1 39A. Review of standards applying to Regional Power Corporation 1 Division 8 — Powers in relation to land 40. Power of public authority to grant certain interests 1 41. Taking of interest or easement for purposes of licence 1 42. Vesting of interest or easement 1 43. Proceedings and liability 1 44. Easements in gross 1 Division 9 — Extension of Energy Operators (Powers) Act 1979 to licensees 45. Extension of certain provisions of Energy Operators (Powers) Act 1979 1 Division 10 — Transitional provision 46. Transitional provision for existing operators 1 Part 3 — Supply of electricity to small use customers Division 1 — Preliminary 47. Term used: retail licensee 1 Division 2 — Supply contracts 48. Regulations as to supply contracts 1 49. Form of contract to be submitted with application for grant, renewal or transfer 1 50. Licence application not to be granted unless standard form contract approved 1 51. Approval of standard form contract 1 52. Amendment or replacement of standard form contract 1 53. Authority may direct that amendment be made 1 54. Licence condition: contracts 1 54A. Electricity corporations required to offer to supply electricity under prescribed form of contract 1 54B. Enforcement of obligation in section 54A(2) 1 Division 3 — Connection to distribution system 57. Terms used 1 58. Regulations as to connection 1 Division 4 — Default supplier 59. Regulations as to default supplier 1 Part 3A — Registration framework for alternative electricity services Division 1 — Preliminary 59A. Purpose of Part 1 59B. Terms used 1 59C. Alternative electricity services 1 Division 2 — Registration requirements 59D. Requirement for registration 1 59E. Registration holder to comply with terms and conditions of registration 1 Division 3 — General registration provisions 59F. Authority to consider public interest 1 59G. Application for registration 1 59H. Renewal of registration 1 59I. Amendment of registration 1 59J. Transfer of registration 1 59K. Further information 1 59L. Public consultation on grant, renewal, amendment or transfer of registration 1 59M. Decision to grant, renew, amend or approve transfer of registration 1 59N. Registration area 1 59O. Registration is subject to terms and conditions 1 59P. Duration of registration 1 59Q. Annual fees 1 59R. Surrender of registration 1 59S. Other laws not affected 1 59T. Notice of decision 1 59U. Review of certain decisions 1 59V. Register 1 59W. Fee regulations 1 Division 4 — AES code of practice 59X. AES code of practice 1 59Y. AES code of practice is subsidiary legislation 1 59Z. Public consultation on issue, amendment or replacement of AES code of practice 1 59ZA. Notice to registration holders of amendment or replacement of AES code of practice 1 59ZB. Review of AES code of practice 1 59ZC. Public consultation on review 1 Division 5 — Functions of Authority 59ZD. Functions of Authority 1 59ZE. Annual report 1 Division 6 — Performance reporting and compliance monitoring 59ZF. Requirement to provide information or report to Authority 1 59ZG. Compliance audit 1 59ZH. Use and disclosure of information 1 Division 7 — Enforcement 59ZI. Failure to comply with registration 1 59ZJ. Right of registration holder to make submissions 1 59ZK. Power to enter premises to rectify contravention 1 59ZL. Recovery of penalty, costs and expenses 1 59ZM. Enforceable undertakings 1 59ZN. Certain actions prohibited while undertaking is in force 1 59ZO. Certain actions prohibited if undertaking is complied with 1 59ZP. Failure to comply with enforceable undertakings 1 Part 4 — Extension and expansion policies for certain corporations 60. Terms used 1 61. Draft policy to be submitted to Coordinator 1 62. Approval of policy 1 63. Amendment or replacement of policy 1 64. Coordinator may direct that amendment be made 1 65. Licence condition: extension and expansion 1 66. Regulations as to content of policies 1 Part 5 — Last resort supply arrangements 67. Terms used 1 68. Authority to ensure supply plan in place in designated areas 1 69. Requirements for last resort supply plan 1 70. How plan brought into operation 1 71. Supplier of last resort 1 72. Functions of supplier of last resort 1 73. Approval or determination of plan 1 74. Amendment of plan by supplier 1 75. Authority may make amendment 1 76. Licence condition: last resort supply 1 77. Provision may be made by regulation 1 Part 6 — Code of conduct for supply of electricity to small use customers 78. Terms used 1 79. Code of conduct 1 80. Code is subsidiary legislation 1 81. Consultative committee 1 82. Licence condition: code of conduct 1 83. Enforcement of code of conduct against marketing agents 1 84. Code may provide for vicarious liability 1 85. Code may include presumption of authority 1 86. Authority to monitor compliance 1 87. Comment to be sought on amendment or replacement of code 1 88. Review of code 1 89. Further provisions about opportunity to comment 1 89A. Regulations may modify application or operation of enactments to facilitate operation of code 1 Part 7 — Electricity ombudsman scheme Division 1 — Preliminary 90. Terms used 1 91. Regulations as to electricity ombudsman scheme 1 Division 2 — Approval of electricity ombudsman scheme 92. Authority may approve scheme 1 93. Requirements for scheme or amendment to be approved 1 94. Revocation of approval 1 Division 3 — Scheme operation 95. Customer may have decision or complaint reviewed 1 96. Jurisdiction of courts and tribunals 1 97. Enforcement against marketing agents and others 1 98. Authority to monitor compliance with decisions 1 Division 4 — Membership of approved scheme by licensee 99. Proof of membership in applications relating to licence 1 100. Prerequisite to grant, renewal or transfer of licence 1 101. Licence condition: membership of scheme 1 Division 5 — Membership of approved scheme by registration holder 101A. Proof of membership in applications relating to registration 1 101B. Prerequisite to grant, renewal, amendment or transfer of registration 1 101C. Registration condition: membership of scheme 1 Part 8 — Access to services of network infrastructure facilities Division 1 — Preliminary 102. Purposes of this Part 1 103. Terms used 1 Division 2 — Establishment of Code 104. Minister to establish Code 1 104A. Code to provide for coverage of networks 1 104B. Code to provide for full regulation of access to services of covered networks 1 105. Other matters for which Code may make provision 1 106. Code does not affect existing agreements 1 107. Code is subsidiary legislation 1 108. Public comment on amendment or replacement of Code 1 109. Exception to section 108 1 110. Consultation with network service providers on amendment or replacement of Code 1 111. Review of Code 1 112. Functions of the Authority 1 Division 3 — Enforcement 114. References to contravening the Code 1 115. Prohibitions on hindering or preventing access 1 116. Proceedings 1 117. Criminal proceedings do not lie 1 118. Regulations as to enforcement of Code 1 Part 8A — Pilbara networks Division 1 — Preliminary 119. Purposes and objective of this Part 1 120. Terms used 1 Division 2 — Pilbara Networks Access Code 120A. Minister to establish Pilbara Networks Access Code 1 120B. Pilbara Networks Access Code — covered Pilbara networks 1 120C. Pilbara Networks Access Code — light regulation 1 120D. Additional matters for Pilbara Networks Access Code and other instruments 1 120E. Additional matters for Pilbara Networks Access Code: more than one provider for network 1 120F. Consequential amendments to the Code or electricity system and market rules 1 120G. Pilbara Networks Access Code is subsidiary legislation 1 120H. Public comment on amendment or replacement of Pilbara Networks Access Code 1 120I. Exception to section 120H 1 120J. Consultation with network service providers on amendment or replacement of Pilbara Networks Access Code 1 Division 3 — Pilbara networks rules 120K. Regulations to provide for Pilbara networks rules 1 120L. Pilbara networks rules not subsidiary legislation 1 120M. Establishment and amendment of Pilbara networks rules 1 120N. General matters to be dealt with in regulations 1 120O. Additional matters to be dealt with in regulations or rules 1 120P. Additional matters to be dealt with in rules: more than one provider 1 Division 4 — Pilbara networks technical rules 120Q. Technical rules 1 Division 5 — Enforcement 120R. References to contravening regulations, Pilbara Networks Access Code or Pilbara networks rules 1 120S. Prohibitions on hindering or preventing access 1 120T. Proceedings 1 120U. Criminal proceedings do not lie 1 120V. Regulations as to enforcement of Pilbara Networks Access Code and Pilbara networks rules 1 Division 6 — Independent system operator 120W. Independent system operator 1 120X. Regulations relating to Pilbara ISO 1 Division 7 — Functions of Authority 120Y. Functions of Authority 1 Division 8 — Reviews of decisions 120Z. Reviews of decisions 1 Division 9 — Immunity 120ZA. Terms used 1 120ZB. Immunity of participants and their officers or employees 1 120ZC. Regulations may limit or affect immunity 1 120ZD. Limitation on immunity after initial period 1 120ZE. Liability of officer of an entity to that entity not affected 1 Division 10 — Competition authorisation 120ZF. Competition authorisation by regulation 1 Division 11 — Review of system 120ZG. Review of regulation of Pilbara networks 1 120ZH. Public consultation 1 Division 12 — Transitional provisions 120ZI. Pilbara Networks Access Code and Pilbara networks rules do not affect existing agreements 1 Part 9 — Electricity system and electricity markets Division 1 — Preliminary 121. Terms used 1 Division 2 — Wholesale electricity market and electricity system and market rules 122. Regulations to provide for a wholesale electricity market 1 123. Regulations to provide for electricity system and market rules 1 124. Matters to be dealt with in regulations 1 Division 3 — Reliable supply and electricity systems 124A. Reliable supply and electricity systems 1 124B. System voltage or frequency 1 124C. Directions to rectify non‑compliance 1 Division 4 — Distribution systems and connected facilities 124D. Terms used 1 124E. Distribution system regulation 1 124F. Technical and other standards 1 Division 5 — Metering and data 124G. Metering 1 124H. Electricity data and electricity data systems 1 Division 6 — Enforcement 124I. Term used: contravene 1 124J. Regulations as to enforcement of electricity system and market rules 1 124K. Criminal proceedings do not lie 1 Division 7 — Functions of Authority 124L. Functions of Authority 1 Division 8 — Review of decisions 125. Reviews 1 Division 9 — Immunity 126. Immunity of certain persons and bodies 1 Division 10 — Competition authorisation 127. Competition authorisation by regulation 1 Division 11 — Review of wholesale electricity market operation 128. Review of wholesale electricity market operation 1 129. Public consultation 1 129AA. Coordinator may appoint panels 1 Part 9A — Tariff equalisation 129A. Purpose of this Part 1 129B. Terms used 1 129C. Tariff Equalisation Account 1 129D. Determination of tariff equalisation contributions 1 129E. Treasurer may seek advice from the Authority 1 129F. Payment and passing on of tariff equalisation contributions 1 129G. Payments from the Account 1 129H. Information 1 129I. Treasurer to recommend regulations 1 129J. Delegation by Treasurer 1 Part 9B — Temporary access contribution 129K. Purpose of this Part 1 129L. Terms used 1 129M. Temporary Access Contribution Account 1 129N. Determination of temporary access contributions 1 129O. Treasurer may seek advice from the Authority 1 129P. Payment and passing on of temporary access contribution 1 129Q. Payments from Temporary Access Contribution Account 1 129R. Information 1 129S. Treasurer to recommend regulations 1 129T. Delegation by Treasurer 1 Part 10 — Other matters 130. Review by the Board 1 131A. Licence not personal property for the purposes of the Personal Property Securities Act 2009 (Commonwealth) 1 131. Regulations 1 131B. Enforcement of the regulations 1 132. Regulations as to fees and charges for supply and services 1 133. Regulations as to fees and charges for functions of arbitrator and Board 1 134. Regulations as to excluding Corporations legislation 1 Part 11 — Transitional provisions for Electricity Industry Amendment (Distributed Energy Resources) Act 2024 135. Term used: relevant instrument 1 136. Transitional regulations: general 1 137. Transitional provisions: power to make orders 1 138. Transitional provisions: relevant instruments 1 139. Powers of Minister: relevant instruments 1 140. Electricity system and market rules do not affect existing agreements 1 141. References to market rules and wholesale electricity market objectives 1 142. Power to make electricity system and market rules for matters that may be provided for in relevant instruments 1 143. References to Code and technical codes under Code 1 144. References to standards 1 145. References to Electricity Industry (Metering) Code 2012 made under section 39(2a) 1 146. References to Electricity Industry (Network Quality and Reliability of Supply) Code 2005 made under section 39(2a)(a) 1 Schedule 1 — Licence terms and conditions 1. Licence terms and conditions 1 Schedule 2 — Objectives to be met by the electricity ombudsman scheme 1. Objectives stated 1 Schedule 3 — Transitional provisions Division 1 — Initial customer service code of conduct 1. Approval of initial customer service code of conduct 1 2. Appointment of initial committee 1 3. Regulations for transitional matters 1 Division 2 — Initial electricity ombudsman scheme 4. Approval of initial electricity ombudsman scheme 1 5. Regulations for transitional matters 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Electricity Industry Act 2004 An Act to govern the operation and regulation of the Western Australian electricity industry and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Electricity Industry Act 2004. 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Terms used (1) In this Act, unless the contrary intention appears — access, in relation to services, has the same meaning that it has when used in that context in the Competition and Consumer Act 2010 (Commonwealth); AES code of practice means the code of practice for the time being in force under section 59X; AES customer contract means a contract entered into between a registration holder and a small use customer, or a class of small use customers, for the provision of an alternative electricity service; alternative electricity service means an activity prescribed by the regulations as an alternative electricity service; arbitrator has the meaning given to that term in the Energy Arbitration and Review Act 1998 section 61; Authority means the Economic Regulation Authority established by the Economic Regulation Authority Act 2003; Board has the meaning given to that term in the Energy Arbitration and Review Act 1998 section 49; Code means the Code for the time being in force under section 104; Competition Principles Agreement means the Competition Principles Agreement made on 11 April 1995 by the Commonwealth, the States and the Territories, as in force for the time being; connected facility, in relation to a distribution system, means electricity infrastructure connected to the distribution system that manages or controls the flow of electricity to or from the distribution system; Coordinator means the Coordinator of Energy referred to in the Energy Coordination Act 1994 section 4; covered network means network infrastructure facilities that — (a) were covered by the Code immediately before the day on which the Electricity Industry Amendment Act 2020 section 4(3) comes into operation and that have not ceased to be a covered network; or (b) the Minister has decided under the Code are to be a covered network and that have not ceased to be a covered network; or (c) are prescribed in the Pilbara Networks Access Code under section 120B(a) to be a covered Pilbara network and that have not ceased to be so prescribed; or (d) a network service provider has opted, under the Pilbara Networks Access Code, to be regulated under Part 8A and that — (i) have not ceased to be so regulated under that code as a consequence of an option by the network service provider for the facilities to cease to be so regulated; or (ii) have not otherwise ceased to be a covered network; covered Pilbara network means a covered network that is located wholly or partly in the Pilbara region; customer means a person to whom electricity is sold for the purpose of consumption; distribution licence means a licence with the classification described in section 4(1)(c); distribution system means electricity infrastructure used, or to be used, for, or in connection with, or to control, the transportation of electricity at nominal voltages that are less than the prescribed voltage; electricity includes electrical energy of any kind however produced, stored, transported or consumed; electricity corporation means — (a) the Electricity Generation and Retail Corporation; or (b) the Electricity Networks Corporation; or (c) the Regional Power Corporation; Electricity Generation and Retail Corporation has the meaning given in the Electricity Corporations Act 2005 section 3(1); electricity infrastructure — (a) means wires, apparatus, equipment, plant or buildings used, or to be used, for, or in connection with, or to control, the transportation of electricity; and (b) includes electrical equipment used, or to be used, to transfer electricity to or from an electricity network at the relevant point of connection including any transformers or switchgear at the relevant point or that is installed to support, or to provide backup to, that electrical equipment as is necessary for that transfer; electricity network means a distribution system or a transmission system; Electricity Networks Corporation means the body established by the Electricity Corporations Act 2005 section 4(1)(b); electricity services means services that are necessary or incidental to the supply of electricity to consumers of electricity; electricity system means the following — (a) distribution systems; (b) generating works; (c) stand‑alone power systems; (d) storage works; (e) transmission systems; (f) wires, apparatus, equipment, plant or buildings that are incidental to the supply of electricity; electricity system and market rules has the meaning given in section 123(1); embedded network — (a) means a distribution system that — (i) supplies electricity to at least 1 customer who is not an entity in control of the distribution system or at least 1 premises that is not occupied by an entity in control of the distribution system; and (ii) is supplied with electricity by another distribution system; and (iii) is not part of a covered network; and (b) includes a distribution system referred to in paragraph (a) that is capable of operating without receiving a supply of electricity from another electricity network; but (c) does not include a distribution system of a class that is prescribed by the regulations not to be an embedded network; generating works means any wires, apparatus, equipment, plant or buildings used, or to be used, for, or in connection with, or to control, the generation of electricity; generation licence means a licence with the classification described in section 4(1)(a); integrated regional licence means a licence with the classification described in section 4(1)(e); licence means — (a) a generation licence; or (b) a transmission licence; or (c) a distribution licence; or (d) a retail licence; or (e) an integrated regional licence; licence area means the area or areas designated in a licence under section 5; licensee means the holder of a licence and includes any transferee of a licence under section 18; network infrastructure facilities — (a) means electricity infrastructure used, or to be used, for the purpose of transporting electricity from generators of electricity to other electricity infrastructure or to end users of electricity; and (b) includes stand‑alone power systems, or storage works, used, or to be used, as an adjunct to electricity infrastructure; non‑standard contract means a contract entered into between a licensee and a small use customer, or a class of small use customers, that is not a standard form contract; operate, in relation to generating works, a transmission system, or a distribution system, includes — (a) to maintain the works or system; and (b) to make any modifications necessary or desirable for the operation of the works or system; Pilbara network means network infrastructure facilities that are located wholly or partly in the Pilbara region; Pilbara Networks Access Code means the Pilbara Networks Access Code for the time being in force under Part 8A Division 2; Pilbara networks rules means the Pilbara networks rules for the time being in force under Part 8A Division 3; Pilbara region means the Pilbara region defined in the Regional Development Commissions Act 1993 Schedule 1; prescribed voltage means the voltage prescribed by the regulations for this definition; quality, in relation to the supply of electricity, means the extent to which the supply of electricity complies with any technical requirements of — (a) the regulations; and (b) the electricity system and market rules; and (c) a standard made under section 39(2)(d); Regional Power Corporation means the body established by the Electricity Corporations Act 2005 section 4(1)(d); registration means a registration under Part 3A; registration holder — (a) means the holder of a registration; and (b) includes a transferee of a registration; reliability, in relation to the supply of electricity or the operation of an electricity system, means the ability of the electricity system to maintain or supply consistent delivery of electricity to customers; retail licence means a licence with the classification described in section 4(1)(d); security, in relation to the supply of electricity or the operation of an electricity system, includes the ability of the supply or electricity system to withstand disruption or disturbance or changed circumstances of supply or operation; services means — (a) the transport of electricity, and other services, provided by means of network infrastructure facilities; and (b) services ancillary to those services; South West interconnected system means the interconnected transmission and distribution systems, generating works and associated works — (a) located in the South West of the State and extending generally between Kalbarri, Albany and Kalgoorlie; and (b) into which electricity is supplied by — (i) one or more of the electricity generation plants at Kwinana, Muja, Collie and Pinjar; or (ii) any prescribed electricity generation plant; small use customer means a customer who consumes not more than 160 MWh of electricity per annum; stand‑alone power system means wires, apparatus, equipment, plant or buildings (including generating works, a distribution system and any storage works) — (a) which together are used, or to be used, for, or in connection with, or to control, the supply of electricity to a single customer or not more than a prescribed number of customers; and (b) which are not connected to another electricity network (other than that of the customer or customers); standard form contract means a contract that is approved under section 51; State electricity objective has the meaning given in section 3A(1); storage activity means an activity comprising all of the following — (a) receiving energy in the form of electricity; (b) storing the received energy in any form; (c) discharging the stored energy in the form of electricity; storage works means any wires, apparatus, equipment, plant or buildings used, or to be used, for, or in connection with, or to control, a storage activity; subsidiary, in relation to an electricity corporation, has the meaning given to that term in the Electricity Corporations Act 2005 section 3(1); supply means to do any one or more of the following — (a) generate; (b) transport through a transmission system; (c) transport through a distribution system; (d) sell; transmission licence means a licence with the classification described in section 4(1)(b); transmission system means electricity infrastructure used, or to be used, for, or in connection with, or to control, the transportation of electricity at nominal voltages equal to or higher than the prescribed voltage. (2) In this Act, a reference to the regulation of a covered network under Part 8 or 8A, or of a covered Pilbara network under Part 8A, is a reference to access to the services of that network being regulated under that Part. [Section 3 amended: No. 18 of 2005 s. 139; No. 16 of 2009 s. 57; No. 25 of 2013 s. 39(2) and (3); No. 9 of 2020 s. 4; No. 1 of 2024 s. 4; No. 10 of 2024 s. 4.] 3A. State electricity objective (1) The State electricity objective is to promote efficient investment in, and efficient operation and use of, electricity services for the long‑term interests of consumers of electricity in relation to — (a) the quality, safety, security and reliability of supply of electricity; and (b) the price of electricity; and (c) the environment, including reducing greenhouse gas emissions. (2) The Minister, the Authority, the Coordinator and the Board must have regard to the State electricity objective in carrying out a function under this Act. (3) For the purposes of subsection (2), the Minister, the Authority, the Coordinator or the Board may give the weight to any aspect of the State electricity objective that the Minister, the Authority, the Coordinator or the Board considers appropriate in all the circumstances. [Section 3A inserted: No. 1 of 2024 s. 5.] Part 2 — Licensing of electricity supply Division 1 — Licence classification and area 4. Classification of licences (1) Licences are classified as follows — (a) generation, which authorises the licensee — (i) to construct and operate one or more generating works; or (ii) to operate one or more existing generating works; (b) transmission, which authorises the licensee — (i) to construct and operate one or more transmission systems; or (ii) to operate one or more existing transmission systems; (c) distribution, which authorises the licensee — (i) to construct and operate one or more distribution systems; or (ii) to operate one or more existing distribution systems; (d) retail, which authorises the licensee to sell electricity to customers; (e) integrated regional, which authorises the licensee to carry out one or more of the activities described in paragraphs (a) to (d) for the purpose of supplying electricity to customers otherwise than through the South West interconnected system. (2) A licence must be designated by reference to one of the classifications referred to in subsection (1). (3) Despite subsection (1), a licence does not authorise the provision of an alternative electricity service unless the holder of the licence is exempted under the regulations under section 59D(2)(a) from the requirement to be registered to provide the alternative electricity service. [Section 4 amended: No. 10 of 2024 s. 5.] 5. Licence area (1) A licence must be designated to apply to one or more areas of the State specified in the licence. (2) If 2 or more areas are specified in a licence those areas need not be contiguous. Division 2 — Licensing requirements 6. Licensing extends to statutory providers The requirements of this Division apply to a person despite the fact that the person, in supplying electricity, is performing a function that — (a) is authorised or provided for by or under a written law; or (b) has been approved under a written law. 7. Requirement for licence (1) A person must not construct or operate generating works except under the authority of a generation licence or an integrated regional licence. Penalty for this subsection: (a) a fine of $100 000; (b) a daily penalty of a fine of $5 000 for each day or part of a day during which the offence continues. (2) A person must not construct or operate a transmission system except under the authority of a transmission licence or an integrated regional licence. Penalty for this subsection: (a) a fine of $100 000; (b) a daily penalty of a fine of $5 000 for each day or part of a day during which the offence continues. (3) A person must not construct or operate a distribution system except under the authority of a distribution licence or an integrated regional licence. Penalty for this subsection: (a) a fine of $100 000; (b) a daily penalty of a fine of $5 000 for each day or part of a day during which the offence continues. (4) A person must not sell electricity to customers except under the authority of a retail licence or an integrated regional licence. Penalty for this subsection: (a) a fine of $100 000; (b) a daily penalty of a fine of $5 000 for each day or part of a day during which the offence continues. (5) A person does not commit an offence under subsection (1), (2) or (3) if the generating works, transmission system or distribution system concerned is or are used, or to be used, solely for the supply of electricity for consumption by — (a) the person who owns, controls or operates the works or system; or (b) if the person referred to in paragraph (a) is a body corporate, a related body corporate (as defined in the Corporations Act 2001 of the Commonwealth section 9) of the person; or (c) a person who is in partnership with, or is a participant in a joint venture arrangement with, the person referred to in paragraph (a) in relation to that supply. (6) A person does not commit an offence under subsection (4) if the person is the holder of a generation licence and the electricity is sold solely for consumption by another person on the premises on which generating works to which the licence applies are located. (7) A person does not commit an offence under subsection (1), (2), (3) or (4) if the person is — (a) a registration holder and the conduct to which the offence applies is authorised by that registration; or (b) exempted under the regulations under section 59D(2)(c) from the requirement to be registered in relation to the conduct to which the offence applies. [Section 7 amended: No. 10 of 2024 s. 6.] 8. Power to exempt (1) The Governor may by order published in the Gazette exempt any person or class of persons from all or any of the provisions of section 7(1) to (4). (2) An order under subsection (1) may provide for circumstances in which, and conditions subject to which, an exemption is to apply. (3) An exemption is of no effect at any time when a condition to which it is subject is not being observed. (4) The Governor must not make an order under subsection (1) unless the Governor is satisfied that it would not be contrary to the public interest to do so. (5) Without limiting the other matters that may be taken into account, matters that are to be taken into account by the Governor in determining whether the making of the order would not be contrary to the public interest are — (a) environmental considerations; (b) social welfare and equity considerations, including community service obligations; (c) economic and regional development, including employment and investment growth; (d) the interests of customers generally or of a class of customers; (e) the interests of any licensee, or applicant for a licence, in respect of the area or areas to which the order, if made, would apply; (f) the importance of competition in electricity industry markets; (g) the policy objectives of government in relation to the supply of electricity. (6) The Interpretation Act 1984 section 43(4) and (7) to (9) apply to an order under subsection (1) as if the order were subsidiary legislation. [Section 8 amended: No. 10 of 2024 s. 7.] Division 3 — General licensing provisions 9. Authority to consider public interest (1) The Authority must not exercise a power conferred by this Division unless the Authority is satisfied that it would not be contrary to the public interest to do so. (2) Without limiting the other matters that may be taken into account, the Authority, in determining whether the exercise of the power would not be contrary to the public interest, is to take into account the matters referred to in section 8(5) but as if the area or areas referred to in section 8(5)(e) were the area or areas to which the licence in respect of which the power is exercised applies. 10. Application for licence (1) An application for a licence must be — (a) made in a form approved by the Authority; and (b) accompanied by the prescribed application fee. (2) An applicant must provide any additional information that the Authority may require for the proper consideration of the application. 11. Authority may determine licence terms and conditions (1) A licence is subject to any terms and conditions that are determined by the Authority. (2) Without limiting subsection (1), terms and conditions determined under that subsection may include provisions relating to any matter provided for by Schedule 1. (3) The terms and conditions of licences that — (a) have the same classification under section 4; and (b) have the same licence area or licence areas that overlap to a significant extent, must be substantially similar, except to the extent that the Authority considers that — (c) it is not practicable to make them substantially similar; or (d) a difference is necessary to reflect particular supply circumstances. (4) Terms and conditions determined under subsection (1) must not be inconsistent with — (a) any other terms and conditions provided for in this Act or the regulations that apply to the licence; or (aa) the electricity system and market rules; or (b) the Code; or (ba) in the case of a licence that relates to a Pilbara network — (i) the Pilbara Networks Access Code, if the network is regulated under Part 8A; and (ii) the Pilbara networks rules, if they apply to the network; or (c) regulations made under the Electricity Act 1945 section 32. [Section 11 amended: No. 9 of 2020 s. 5; No. 1 of 2024 s. 6.] 12. Regulations as to licence terms and conditions The regulations may prescribe terms and conditions that are to be taken to be included in — (a) every licence; or (b) every licence of a prescribed class; or (c) a licence held by an electricity corporation or a subsidiary of an electricity corporation. [Section 12 amended: No. 18 of 2005 s. 139.] 13. Licence condition: performance audit (1) It is a condition of every licence that the licensee must, not less than once in every period of 24 months (or any longer period that the Authority allows) calculated from the grant of the licence, provide the Authority with a performance audit conducted by an independent expert acceptable to the Authority. (2) A performance audit is an audit of the effectiveness of measures taken by the licensee to meet the performance criteria specified in the licence. (3) The Authority must give the Minister a report on each performance audit within 2 months after its receipt of the audit. 14. Licence condition: asset management system (1) It is a condition of every licence, other than a retail licence, that the licensee must — (a) provide for an asset management system in respect of the licensee's assets; and (b) notify details of the system and any substantial changes to it to the Authority; and (c) not less than once in every period of 24 months (or any longer period that the Authority allows) calculated from the grant of the licence, provide the Authority with a report by an independent expert acceptable to the Authority as to the effectiveness of the system. (2) An asset management system is to set out measures that are to be taken by the licensee for the proper maintenance of assets used in the supply of electricity and in the operation of, and, where relevant, the construction of, any generating works, transmission system or distribution system. 15. Duration of licence (1) The Authority may grant or renew a retail licence for any period not exceeding 15 years that the Authority considers appropriate. (2) The Authority may grant or renew a licence other than a retail licence for any period not exceeding 30 years that the Authority considers appropriate. 16. Renewal of licence (1) An application for the renewal of a licence must be — (a) made in a form approved by the Authority; and (b) accompanied by the prescribed application fee. (2) An applicant must provide any additional information that the Authority may require for the proper consideration of the application. 17. Licence fees (1) A licensee must pay to the Authority the prescribed licence fee — (a) within one month after the day of grant or renewal of the licence; and (b) within one month after each anniversary of that day during the term of the licence. (2) The regulations may prescribe different licence fees for each of the classifications referred to in section 4. (3) The Authority may recover any outstanding licence fee in a court of competent jurisdiction as a debt due by the licensee to the State. 18. Transfer of licence (1) A licence cannot be transferred except with the approval of the Authority. (2) Approval for the purposes of subsection (1) may be given on such terms and conditions as are determined by the Authority. (3) An application for approval to transfer a licence must be — (a) made in a form approved by the Authority; and (b) accompanied by the prescribed application fee. (4) An applicant must provide any additional information that the Authority may require for the proper consideration of the application. 19. Decisions as to grant, renewal or transfer of licence (1) Subject to section 9, the Authority must grant, renew or approve the transfer of a licence if it is satisfied that the applicant — (a) has, and is likely to retain; or (b) will acquire within a reasonable time after the grant, renewal or transfer, and is then likely to retain, the financial and technical resources to undertake the activities authorised, or to be authorised, by the licence. (2) The Authority must take all reasonable steps to make a decision in respect of an application for — (a) the grant or renewal of a licence; or (b) approval to transfer a licence, within 90 days after the application is made. (3) The duties imposed on the Authority by subsections (1) and (2) apply only if — (a) an application has been made in accordance with section 10, 16 or 18, as the case may be; and (b) section 50 or 100 does not prohibit the grant or renewal of the licence or the approval of the transfer; and (c) where a requirement has been made under section 10(2), 16(2) or 18(4), the relevant information has been provided to the Authority. 20. Other laws not affected The grant, renewal or transfer of a licence does not affect the licensee's obligations to comply with any other written law in relation to the matters covered by the licence. 21. Amendment of licence on application of licensee (1) A licensee may apply to the Authority at any time for amendment of the licence. (2) An application for the amendment of a licence must be — (a) made in a form approved by the Authority; and (b) accompanied by the prescribed application fee. (3) An applicant must provide any additional information that the Authority may require for the proper consideration of the application. (4) The Authority may grant the application if — (a) it has been made in accordance with subsection (2); and (b) where a requirement has been made under subsection (3), the relevant information has been provided to the Authority. 22. Amendment of licence on initiative of Authority (1) The Authority may, on its own initiative, determine that a licence is to be amended. (2) A licence must specify the procedure to be followed in making such a determination, including the manner in which an amendment is to be notified to the licensee, and the determination may only be made in accordance with that procedure. (3) An amendment under this section cannot take effect until it is notified to the licensee under the procedure referred to in subsection (2). (4) This section applies to the substitution of a new licence for an existing licence in the same way as it applies to the amendment of a licence. 23. Notice of decisions (1) The Authority must ensure that notice of the grant, renewal, transfer or amendment of a licence is published in the Gazette as soon as is practicable after the grant, renewal, transfer or amendment. (2) The notice must include — (a) the date of the grant, renewal, transfer or amendment; and (b) the name and business address of the licensee; and (c) the term of the licence; and (d) a description of the licence area; and (e) in the case of an amendment, details of the amendment; and (f) the place where a copy of the licence and any plan may be inspected under section 24; and (g) the Authority's website address. (3) The Authority must ensure that written notice of a decision to refuse to grant, renew, or approve the transfer of, a licence, together with a statement of the reasons for the decision, is given to the applicant within 14 days after the decision is made. [Section 23 amended: No. 9 of 2020 s. 6.] 24. Licences to be available for inspection The Authority must make available for public inspection at the Authority's office during normal office hours and on the Authority's website — (a) a copy of every licence in force from time to time; and (b) if any licence area is specified by reference to a plan, a copy of the plan. [Section 24 amended: No. 9 of 2020 s. 6.] 25. Regulations about public consultation The regulations may require the Authority, before it makes a decision on any application for the grant, renewal, transfer or amendment of a licence under this Division, to undertake public consultation in accordance with the procedure specified in the regulations. Division 4 — Exclusive licences 26. Regulations may authorise an exclusive licence (1) The Governor may, on the recommendation of the Minister, make regulations designating one or more areas of the State as an area in respect of which an exclusive licence may be granted for a specified period. (2) If 2 or more areas are designated under subsection (1) those areas need not be contiguous. (3) The specified period (the period of exclusivity) is not to exceed 10 years. 27. Requirements for regulations (1) The Minister may, under section 26, recommend the making of regulations only if the Minister considers that — (a) without the grant of an exclusive licence of that kind in respect of the area during the period of exclusivity there will be no supply of electricity, or a limited supply, in the area during that period; and (b) it is not contrary to the public interest that an exclusive licence of that kind have effect in respect of the area during the period of exclusivity; and (c) the regulations will provide for an open and competitive tender process to be carried out to determine the person to whom the licence must be granted. (2) Without limiting the other matters that may be taken into account, for the purposes of subsection (1)(b), the Minister is to take into account the matters referred to in section 8(5) but as if the area or areas referred to in section 8(5)(e) were the area referred to in subsection (1)(b). (3) Regulations made under section 26 — (a) are to set out the requirements to be observed before an application for an exclusive licence may be made; and (b) are to set out the requirements to be observed, in addition to the other provisions of this Part, before an exclusive licence may be granted; and (c) may provide for the terms and conditions of an exclusive licence in addition to those otherwise provided for by this Part. [Section 27 amended: No. 10 of 2024 s. 8.] 28. Application for and grant of licence (1) An application for an exclusive licence may only be made if the Minister has determined that the Minister is satisfied that all of the requirements of the regulations to be observed before such an application may be made have been complied with. (2) Despite section 19, an exclusive licence may only be granted by the Authority under that section if the Minister has determined that the Minister is satisfied that all of the requirements of the regulations relevant to the grant of the licence have been observed. (3) A determination under subsection (1) or (2) is to be made by instrument published in the Gazette. [Section 28 amended: No. 10 of 2024 s. 9.] 29. Prohibition of further licences If — (a) an exclusive licence is granted in respect of an area in accordance with regulations made under section 26; and (b) the licence is not cancelled under section 35 or surrendered, no other person is to be granted a licence of the same kind to have effect in respect of that area during the period of exclusivity. 30. Trade practices authorisation For the purposes of the Competition and Consumer Act 2010 (Commonwealth) and the Competition Code — (a) the grant of an exclusive licence as provided by regulations made under section 26; and (b) conduct authorised or required by or under any such licence, are specifically authorised to the extent that the grant or conduct would otherwise contravene that Act or that Code. [Section 30 amended: No. 9 of 2020 s. 7.] Division 5 — Interruption of supply 31. Interruption of supply (1) A licensee may interrupt, suspend or restrict the supply of electricity provided by the licensee if in the licensee's opinion it is necessary to do so because of an accident, emergency, potential danger or other unavoidable cause. (2) A licensee is not liable for any loss or damage that arises from an interruption, suspension or restriction under subsection (1) except to the extent that — (a) the interruption, suspension or restriction results from — (i) a negligent act or omission of the licensee or an officer or employee of the licensee; or (ii) an act or omission of the licensee or an officer or employee of the licensee done or made in bad faith; or (b) an agreement to which the licensee is a party provides otherwise. (3) A licensee must take reasonable steps to minimise the extent or duration of any interruption, suspension or restriction under subsection (1). (4) This section is in addition to — (a) any powers that the licensee has under the Electricity Act 1945 or the Electricity Corporations Act 2005 in relation to the interruption, suspension or restriction of the supply of electricity; and (b) the provisions of the Energy Operators (Powers) Act 1979 sections 48 and 57 if those provisions are prescribed provisions (as defined in section 45(1)) in respect of the licensee; and (c) any contractual rights that the licensee may have to interrupt, suspend or restrict the supply of electricity, and does not limit those powers, provisions or rights. [Section 31 amended: No. 18 of 2005 s. 139.] Division 6 — Enforcement 32. Failure to comply with licence (1) If, in the opinion of the Authority, a licensee contravenes a licence, the Authority may cause a notice to be served on the licensee requiring the licensee to rectify the contravention within a specified period. (2) If, in the opinion of the Authority, a licensee fails to comply with a notice under subsection (1), the Authority may, subject to section 33, do one or more of the following — (a) serve a letter of reprimand on the licensee; (b) order the licensee to pay a monetary penalty fixed by the Authority but not exceeding $100 000; (c) cause the contravention to be rectified to the satisfaction of the Authority. (3) Persons authorised by the Authority in writing may enter any premises and do all things that are necessary for the purposes of subsection (2)(c). (4) The Authority may recover — (a) a penalty imposed under subsection (2)(b); or (b) the costs and expenses of any action taken under subsection (2)(c), in a court of competent jurisdiction as a debt due by the licensee to the State. 33. Right of licensee to make submissions The Authority is not to take any action under section 32(2)(b) or (c) unless the Authority has — (a) notified the licensee of the proposed action and the reasons for it; and (b) given the licensee a reasonable opportunity to make submissions on the matter. 34. Exception where public health endangered If, in the opinion of the Authority, the health or safety of members of the public is or may be at risk as a result of the contravention of a licence, the Authority may cause the contravention to be rectified under section 32(2)(c) without — (a) serving notice on the licensee under section 32(1); or (b) complying with section 33. 35. Cancellation of licence (1) The Governor may cancel a licence if the Governor is satisfied that the licensee — (a) is in default as defined in subsection (2); or (b) has failed to pay a licence fee as required under section 17; or (c) in the case of a company, is an externally‑administered body corporate as defined in the Corporations Act 2001 of the Commonwealth section 9; or (d) has within a period of 24 months been convicted of more than 3 offences for which the prescribed punishment is a fine of $10 000 or more or imprisonment for 12 months or more. (2) For the purposes of subsection (1)(a) a licensee is in default if the Governor is satisfied that — (a) the licensee has failed to comply with a term or condition of the licence; and (b) the failure is material in terms of the operation of the licence as a whole; and (c) the Minister has given to the licensee written notice of the failure and the fact that in the Minister's opinion paragraph (b) applies to it; and (d) the licensee has not, within the time specified in the notice, either remedied the failure or shown cause why the licence should not be cancelled. (3) If a licence is cancelled under this section the Authority must ensure that notice of the cancellation is published in the Gazette. (4) Regulations may be made under section 131 providing, in the event of a licence being cancelled, for — (a) the vesting of assets, rights and interests of the former licensee in a person (including the Minister as a corporation) for the purpose of enabling electricity to be supplied after the cancellation; and (b) the conferral of powers and duties for that purpose; and (c) the discharge or assignment of liabilities; and (d) the disposal of property; and (e) all matters that are necessary or convenient for dealing with the consequences of the cancellation and the vesting referred to in paragraph (a). (5) If — (a) a licence other than a retail licence is cancelled under this section; and (b) regulations of the kind referred to in subsection (4)(a) are made, Division 8 applies, with all necessary changes, for the purpose of enabling electricity to be supplied after the cancellation, as if references in that Division to a licensee were references to the person in whom the assets, rights and interests of the former licensee are vested under the regulations. [Section 35 amended: No. 10 of 2024 s. 10.] 36. Duty to leave system in safe condition (1) Following the cancellation of a licence under section 35, the former licensee — (a) must ensure that any generating works, transmission system or distribution system constructed or operated by the former licensee under the licence is left in a safe condition; and (b) is not to remove any part of the works or system except with the approval of the Minister. (2) If, in the opinion of the Minister, a former licensee contravenes subsection (1), the Minister may cause the contravention to be rectified to the satisfaction of the Minister. (3) Persons authorised by the Minister may enter any land or premises and do all things that are necessary for the purposes of subsection (2). (4) The Minister may recover the costs and expenses of any action taken under subsection (2) in a court of competent jurisdiction as a debt due by the former licensee to the State. Division 7 — Administration and monitoring of licensing scheme and issue of codes [Heading amended: No. 33 of 2004 s. 28.] 37. Authority to administer licensing scheme It is a function of the Authority to administer the licensing scheme provided for in this Part. 38. Authority to monitor licensing scheme and licence compliance It is a function of the Authority — (a) to monitor and report to the Minister on the operation of the licensing scheme provided for in this Part; and (b) to inform the Minister about any failure by a licensee to meet performance criteria or other requirements of its licence. 39. Authority may issue codes (1) Subject to subsection (2b), the Authority may prepare and issue a code or codes in respect of the matters referred to in subsection (2). (2) A code may make provision for and in relation to any one or more of the following — (a) metering of the supply of electricity by licensees including — (i) the provision, operation and maintenance of metering equipment; and (ii) ownership of and access to metering data; (b) the transfer of customers between licensees; (c) methods or principles to be applied by licensees in the preparation of accounts for customers; (d) standards relating to the quality, security and reliability of the supply of electricity that are to be observed by the holders of transmission licences, distribution licences or integrated regional licences; (da) compensation payments to be made to customers by the Electricity Networks Corporation or the Regional Power Corporation, as the case requires, if the corporation fails to observe standards referred to in paragraph (d); (e) any other matter prescribed by the regulations. (2a) If the Authority has not prepared and issued a code in respect of a code matter the Minister may — (a) prepare and issue a code in respect of that code matter; or (b) by notice published in the Government Gazette, declare that the Minister proposes to prepare and issue a code in respect of that code matter. (2b) If — (a) a code prepared and issued by the Minister; or (b) a declaration under subsection (2a)(b), is in force in respect of a code matter, the Authority cannot issue a code in respect of that code matter. (2c) In subsections (2a) and (2b) — code matter means — (a) the matter mentioned in subsection (2)(a); or (b) the matter mentioned in subsection (2)(b); or (c) the matter mentioned in subsection (2)(d); or (ca) the matter mentioned in subsection (2)(da); or (d) a matter referred to in subsection (2)(e). (3) A code is subsidiary legislation for the purposes of the Interpretation Act 1984. (4) A provision of a code is of no effect to the extent that it is inconsistent with a provision of this Act or another written law. (5) The regulations may require the Authority, before it issues a code, to undertake public consultation in accordance with the procedure specified in the regulations. [Section 39 amended: No. 33 of 2004 s. 29; No. 18 of 2005 s. 139; No. 1 of 2024 s. 7.] 39A. Review of standards applying to Regional Power Corporation (1) In this section — access arrangement has the meaning given to that term in section 103; relevant day means the day referred to in subsection (4); RPC standards means standards referred to in section 39(2)(d) that — (a) are to be observed by the Regional Power Corporation; and (b) are provided for in a code prepared and issued by the Minister under section 39; service standards means standards relating to the quality, security and reliability of the supply of electricity that are provided for in an access arrangement. (2) The Coordinator must carry out reviews of the operation and effect of the RPC standards. [(3) deleted] (4) Reviews must be carried out as soon as is practicable after the day on which the period fixed under subsection (11) ends. (5) The purpose of a review is to consider whether the RPC standards are appropriate for each of the transmission systems and distribution systems to which they apply when assessed against the service standards that apply to the South West interconnected system. (6) When carrying out a review the Coordinator must give members of the public an opportunity to comment on matters relevant to the review. (7) The Coordinator must give the Minister a report based on a review within — (a) the period of 4 months after the relevant day; or (b) any longer period allowed by the Minister under subsection (8). (8) The Minister may, at the request of the Coordinator, extend the period referred to in subsection (7)(a) by not more than 28 days. (9) A report may contain recommendations as to changes that should be made to the RPC standards. (10) Within 28 days after the day on which a report is given to the Minister, the Coordinator must — (a) make the report available for public inspection in such manner as the Coordinator considers appropriate; and (b) cause a notice giving details of where copies of the report can be obtained to be published — (i) in a daily newspaper circulating throughout the State; and (ii) on its website. (11) The Minister, by order published in the Gazette, must fix a period for reviews for the purposes of subsection (4). (12) A period fixed under subsection (11) cannot be longer than 5 years after the day on which a notice in respect of the last preceding report under this section was published under subsection (10)(b)(i). (13) The Minister, by order published in the Gazette, may — (a) amend an order made under subsection (11); or (b) revoke an order made under subsection (11) and replace it with another order. [Section 39A inserted: No. 18 of 2005 s. 139; amended: No. 9 of 2020 s. 8; No. 1 of 2024 s. 8.] Division 8 — Powers in relation to land 40. Power of public authority to grant certain interests (1) In this section — public authority means — (a) a Minister of the Crown; or (b) an agency, authority or instrumentality of the Crown in right of the State or a local government; or (c) a body, whether corporate or unincorporate, that is established or continued for a public purpose by or under a written law and prescribed for the purposes of this definition; relevant interest means a lease, easement, licence or other authority necessary or expedient to enable the licensee to construct, alter, operate or maintain generating works, a transmission system or a distribution system, as the case may be. (2) A public authority may grant to a licensee, on such terms and conditions as are agreed between the authority and the licensee, a relevant interest in respect of land held by the public authority in fee simple. 41. Taking of interest or easement for purposes of licence (1) For the purpose of enabling a licensee to supply electricity as authorised by a licence, an interest in land or easement over land may be taken under the Land Administration Act 1997 Part 9 as if for a public work within the meaning of that Act. (2) The power conferred by subsection (1) may only be exercised on the recommendation of the Minister administering this Act. (3) If in the opinion of the Minister administering this Act an interest in land or easement over land is appropriate to a licensee's needs in respect of — (a) generating works; or (b) a transmission system operating at 200 kV or higher; or (c) any other electricity transmission system of a kind prescribed for the purposes of this subsection, that Minister is to advise the licensee of that opinion and the licensee is required to acquire that interest in land or easement over land where practicable by agreement but otherwise by taking it under the Land Administration Act 1997 Part 9 as if for a public work within the meaning of that Act. (4) The requirement imposed by subsection (3) applies to a licensee even if the provisions of sections 28(3)(c) and 46 of the Energy Operators (Powers) Act 1979, or any of those provisions, are prescribed provisions as defined in section 45(1). (5) The requirement imposed by subsection (3) does not extend to land that is vested in, or otherwise occupied or managed by or on behalf of, the Crown or a public authority as defined in section 40(1). (6) Any costs and expenses incurred in the taking of an interest or easement under this section — (a) are to be paid by the licensee; and (b) may be recovered in a court of competent jurisdiction as a debt due by the licensee to the State. (7) For the purposes of this section a reference to an interest in land in the Land Administration Act 1997 Part 9 includes an easement over land. 42. Vesting of interest or easement (1) Despite anything in the Land Administration Act 1997 Part 9, on the taking of an interest in land or easement over land under section 41, the interest or easement vests in the licensee. (2) The Land Administration Act 1997 Part 9 applies, with all necessary changes, in relation to the recording or registering of an interest or easement taken under section 41. 43. Proceedings and liability (1) Proceedings in respect of compensation, or otherwise for the purpose of complying with the Land Administration Act 1997 Parts 9 and 10, may be taken against the licensee. (2) The licensee is liable in respect of the taking of an interest in land or easement over land under section 41 to the same extent as the Minister administering the Land Administration Act 1997 would have been liable if the taking had been for the purpose of a public work. 44. Easements in gross An easement may be taken under section 41 without there being a dominant tenement and there may be made appurtenant or annexed to any such easement another easement or the benefit of a restriction as to the user of the land. Division 9 — Extension of Energy Operators (Powers) Act 1979 to licensees 45. Extension of certain provisions of Energy Operators (Powers) Act 1979 (1) A reference to an energy operator in a provision of the Energy Operators (Powers) Act 1979 that is prescribed in the regulations (a prescribed provision) includes a licensee if the regulations provide that the provision is prescribed in respect of the licensee or a class of licensees to which the licensee belongs. (2) Regulations made for the purposes of this section may — (a) restrict the operation of, or add a further requirement to, a prescribed provision in relation to a licensee or class of licensees; or (b) impose conditions or restrictions on the doing of any thing authorised by a prescribed provision by a licensee or a member of a class of licensees; or (c) prohibit a licensee or a member of a class of licensees from doing any thing authorised by a prescribed provision; or (d) require a consent or approval t