Western Australia: State Energy Commission Act 1979 (WA)

Western Australia Energy Operators (Powers) Act 1979 Western Australia Energy Operators (Powers) Act 1979 Contents 1. Short title 1 2. Commencement 1 4. Terms used 1 5. Application of this Act to other Acts, the law generally, and to certain Agreements 1 6. Application of this Act to the Crown, government departments, and local governments 1 28. Powers of energy operators 1 36. Estates and interests in land 1 37. Partial interests in land 1 38. Conveyancing by abbreviated description 1 39. Agreements incidental to land matters 1 40. Power to dispose of land 1 41. Planning approvals 1 42. Energy operator to have certain rights to water 1 43. Property in works 1 45. Claims against the energy operator for the use of land and the application of the Land Administration Act 1997 1 46. The power of entry, generally 1 47. Service of notice by post on owner or occupier 1 48. Rights as to entry on lands etc. in emergency 1 49. General powers relating to works 1 50. Restrictions on the exercise of the general powers 1 51. Alteration to works in streets 1 52. Street levels and widths 1 53. Streets broken up to be reinstated without delay 1 54. Duty and powers, as to vegetation causing interference 1 57. Distribution system emergencies 1 58. Energy operator may not be bound to supply 1 59. Energy operator may supply, with or without contract 1 60. Repudiation of existing contracts, and unwritten contracts 1 61. Agreements to supply beyond normal range 1 62. Charges for supply, conditions of supply, and termination of supply 1 63. Apportioned accounts 1 64. Meters 1 65. Metered accounts 1 66. Meter tests 1 67. Circumventing meters 1 67A. Liability for charges, and damage to apparatus 1 68. Inspectors 1 69. Incriminating statements 1 74. Malicious damage 1 75. Unlawful damage generally 1 76. Unlawful entry 1 77. Restraint of persons 1 78. Persons may be apprehended 1 79. Obstruction of officers etc. 1 80. Offences generally 1 81. General penalty 1 82. Recovery of moneys 1 83. Prosecution expenses 1 84. Power to institute and conduct proceedings 1 85. Limitation period for offences 1 86. Liability of bodies corporate 1 87. Proof of certain matters 1 88. Evidence of documents issued by an energy operator 1 120. Energy operator to make good damage, and may be liable to pay compensation 1 121. Actions for damages, generally 1 122. Protection 1 123. Regulations 1 124. By‑laws 1 125. Regulations or by‑laws, generally 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Energy Operators (Powers) Act 1979 An Act to vest powers in energy operators, to make other provision in respect of the functions of those operators, and for related and other purposes. [Long title inserted: No. 89 of 1994 s. 4; amended: No. 58 of 1999 s. 77; No. 24 of 2000 s. 14(13); No. 33 of 2004 s. 38.] 1. Short title This Act may be cited as the Energy Operators (Powers) Act 1979. [Section 1 amended: No. 89 of 1994 s. 5; No. 58 of 1999 s. 78.] 2. Commencement The provisions of this Act shall come into operation on such day or days as is, or are respectively, fixed by proclamation. [3. Omitted under the Reprints Act 1984 s. 7(4)(f) and (g).] 4. Terms used (1) In this Act, unless the context otherwise requires — acquisition in relation to land or any estate or interest in land includes taking or resumption, and cognate expressions have a corresponding meaning; apparatus means any apparatus, equipment, plant, or appliance in which energy is capable of being, or is, or is intended to be transmitted, distributed, used, consumed or converted, and includes any meter, fitting, or connection; charges includes any sum due from the consumer to an energy operator pursuant to section 62(1); consumer installation includes all wiring, piping, apparatus and other works not being the property of the supplier of energy on any premises to which energy is, or is intended to be, supplied from the position at which the delivery of energy is made; Coordinator of Energy means the Coordinator of Energy referred to in section 4 of the Energy Coordination Act 1994; distribution works means any works, apparatus or system, utilised or capable of being or intended to be utilised for the purpose of transmitting or distributing energy to consumers and includes any other equipment or plant used in conjunction therewith, and any part thereof; electricity corporation means a body established by the Electricity Corporations Act 2005 section 4(1); energy includes electrical, hydro‑electrical, chemical, thermal, tidal, nuclear, or solar energy and all other kinds of energy however derived, of whatever form or description, or however used, and the term extends to comprise the source or sources of any such energy; energy operator means — (a) an electricity corporation if regulations have not been made for the purposes of section 45(1) of the Electricity Industry Act 2004; (b) in a prescribed provision as defined in section 45(1) of the Electricity Industry Act 2004, a person who, under that section, is included in a reference in that prescribed provision to an energy operator; (c) in a provision of this Act referred to in Schedule 2 Part 1 or 2 of the Energy Coordination Act 1994, a person who, under section 11ZO of that Act, is included in a reference in that provision to an energy operator; (d) in a provision to which paragraphs (b) and (c) both apply, a person referred to in either of those paragraphs; generating works means any works, apparatus or system whatsoever utilised or capable of being or intended to be utilised for the production or generation of energy, or for the manufacture or treatment or storage of energy for supply or use, or for the conversion of energy from one form into another, up to the point at which transmission or distribution commences for the purposes of making supply, and includes all land, building, structures and appurtenances pertaining thereto, any other equipment or plant used in conjunction therewith, and any part thereof; government department or department includes any branch of the Public Service of the State established as a Department within the meaning of that term as defined in the Public Service Act 1978 1, but also means any other body established by an Act being a body that — (a) administers or carries out in the State functions in the public interest on behalf of the Crown in right of the State or which carries out the function of a public utility; and (b) is declared by the Governor, by Order in Council, to be deemed to be a government department for the purposes of this Act; but where such an Order specifies that a body is only to be deemed to be a government department for the purposes of the provisions of this Act specified in that Order means that body in relation to those provisions but not otherwise; inspector means a person appointed as such pursuant to section 68; land includes land covered by water, and shall be construed in accordance with section 36; liquid petroleum gas means a liquid or vapour which is a mixture of hydrocarbons basically consisting of butane or butene or propane or propene, or any mixture of all or any of them; meter includes any device designed or adapted for the purpose of ascertaining a measure, and any other device used in conjunction therewith to facilitate that purpose; officer includes any person, acting within the authorisation conferred upon him, to whom subsection (2) applies; premises means any land, street, structure, or other place, and may include a vehicle or other thing in or in connection with which energy is or is to be supplied; service apparatus means any works, apparatus or system which is or is capable of being or is intended to be used for the purpose of conveying, measuring, or controlling energy supplied from any distribution works to the position on any premises at which delivery of the energy is, is capable of being, or is intended to be, made to the consumer, and includes any part of the service apparatus, and any other equipment or plant used in conjunction therewith, whether or not the property of the energy operator concerned; street includes any highway, road, thoroughfare, lane, alley, square, court, or place of public passage; supply system may include the generating works, distribution works, and service apparatus pertaining thereto; system emergency means any event or circumstances to which section 57(1) applies; undertaking includes works of whatever description used or intended to be used for the purpose of enabling or facilitating the prospecting for, obtaining of, or the generation, conversion, development, storage, distribution, provision or use of energy, and also includes any necessary or convenient lands, water, mines, quarries, buildings, structures, equipment, plant, apparatus, services, facilities, and other works or means provided or used for or in connection therewith, together with any activities, studies, projects, administrative arrangements, legal entities, securities or financial arrangements, concessions, rights, patents, contracts, or other things relating thereto; works includes any works, excavation, construction, or thing used or intended to be used for the purposes of a supply system or undertaking. (2) Where a provision of this Act authorises an energy operator to enter upon, occupy, carry out works in, on, over or under, or exercise any other power in relation to, any land, premises, or thing the provision shall be construed as also authorising — (a) an officer or servant of the energy operator, acting on behalf of the energy operator in the course of his duty; or (b) a person acting at the request and on behalf of the energy operator under a contract or pursuant to an Agreement of the kind referred to in section 5(1)(b) and any employee of such a person so acting, together with such vehicles, vessels, machinery or equipment as may be necessary for the purpose, to exercise that power for the purposes of this Act, and any reference to or liability of the energy operator may where the context so requires be construed accordingly. [Section 4 amended: No. 101 of 1981 s. 3; No. 24 of 1986 s. 5; No. 89 of 1994 s. 6, 39 and 41; No. 14 of 1996 s. 4; No. 58 of 1999 s. 79, 83(1) and (3) and 90; No. 24 of 2000 s. 14(13); No. 33 of 2004 s. 39; No. 18 of 2005 s. 139; No. 25 of 2013 s. 41.] 5. Application of this Act to other Acts, the law generally, and to certain Agreements (1) In so far as the provisions of this Act would be inconsistent with the operation of that Act or the implementation of that Agreement, but subject to subsection (2) and subsection (3), nothing in this Act shall affect or be construed to derogate from the operation of — (a) any Act; or (b) any Agreement to which the State is a party and which, or the execution of which, is or has been ratified, authorised or approved by an Act, whereby any right or power is conferred upon any person, whether corporate or unincorporate, with respect to the production, manufacture, or generation of energy, or with respect to the conversion, acquisition, provision, distribution, supply, sale, or use of energy, in the manner and for the purposes thereby authorised, or shall injuriously affect or interfere with the exercise and enjoyment of any such right or power so conferred. (2) To the extent that the exercise of a power vested in an energy operator by this Act would not be inconsistent with the operation of an Act or the implementation of an Agreement, or to the exercise and enjoyment of any right or power of the kind referred to in subsection (1), the power so vested in the energy operator may be exercised by the energy operator. (3) Where by virtue of an Agreement of the kind referred to in subsection (1)(b) an energy operator would not otherwise be authorised so to do, in so far as the energy operator is authorised pursuant to the consent of the parties to any such Agreement to acquire any undertaking or any part of any undertaking, or to exercise any power, then such authorisation may provide that the provisions of this Act or such of those provisions as are specified therein shall apply in any such case, notwithstanding subsection (1), and effect shall be given thereto according to the tenor of the authorisation. [Section 5 amended: No. 89 of 1994 s. 7, 39 and 41; No. 58 of 1999 s. 83(1) and (3).] 6. Application of this Act to the Crown, government departments, and local governments (1) This Act binds the Crown — (a) to the extent that the Crown is a consumer; and (b) in respect of its provisions relating to matters of safety; and (c) in relation to land vested in the Crown in right of the State, but not otherwise. (2) Where in relation to a provision of this Act any question, difference, or dispute arises, or may arise, between an energy operator and any government department or local government as to the rights, powers or authority of, or the discharge of any duty by, the energy operator, or as to their respective functions or interest, then — (a) where the matter relates to a government department —the Minister charged with the administration of that government department may consult with the Minister; (b) where the matter relates to a local government — the local government shall refer the matter to the Minister charged with the administration of the Local Government Act 1995, who may consult with the Minister, and where the Ministers so agree after such consultation the Minister shall give to the energy operator such directions as result from the consultation, but where no such consultation is concluded or if the Ministers can not agree as to the matter the matter may be finally and conclusively determined by the Governor and effect shall be given to any such determination. (3) The Governor may finally and conclusively determine any question, difference or dispute arising or about to arise in relation to a provision of this Act between an energy operator and any government department or local government with respect to the exercise of any right, power, or authority or the discharge of any duty whether or not referred to him under subsection (2) and whether or not the Ministers had purported to agree pursuant to that subsection, and effect shall be given to any such determination. [Section 6 amended: No. 24 of 1986 s. 6; No. 89 of 1994 s. 39 and 41; No. 14 of 1996 s. 4; No. 58 of 1999 s. 83(1) and (3).] [7‑15. Deleted: No. 89 of 1994 s. 8.] [16. Deleted: No. 24 of 1986 s. 13.] [17‑19. Deleted: No. 89 of 1994 s. 8.] [20‑25. Deleted: No. 24 of 1986 s. 15.] [26, 27, 27A. Deleted: No. 89 of 1994 s. 8.] 28. Powers of energy operators [(1), (2) deleted] (3) An energy operator may — [(a), (b) deleted] (c) enter upon and occupy any land or other premises and there, without being bound to acquire the same or any estate or interest therein (except where otherwise provided by this Act or such as may be required by a claimant to be taken under Part 9 of the Land Administration Act 1997) by the best available route and in a practicable manner, construct, extend, or improve works, maintain and conduct undertakings and facilities, and carry on undertakings or works requisite, advantageous, or convenient to the exercise and performance of the functions of the energy operator or any such function; (d) acquire by agreement any land, either as to the whole of the interest of the grantor or by way of an estate or interest less than the title, estate, or interest of the grantor; (e) compulsorily acquire land, or any estate or interest in land, under Part 9 of the Land Administration Act 1997, for the purposes of a public work carried out or to be carried out by the energy operator. [Section 28 amended: No. 101 of 1981 s. 12; No. 36 of 1984 s. 2; No. 24 of 1986 s. 17; No. 89 of 1994 s. 9 and 41; No. 31 of 1997 s. 26(1) and 142; No. 58 of 1999 s. 83(2) and (3).] [29‑35. Deleted: No. 89 of 1994 s. 10.] 36. Estates and interests in land For the purposes of this Act, and in Part 9 of the Land Administration Act 1997, when construed for the purposes of this Act, a reference to land shall be read as extending to any land, or to any portion of any land, or to the subsoil, surface or airspace relating thereto, and to any legal or equitable estate, right, title, easement, lease, licence, privilege, or other interests in, over, under, affecting, or in connection with that land or any portion, stratum or other specified sector of that land (whether or not that interest is an interest recognised by the Common Law) the extent of which is ascertainable by reference to the documents purporting to relate thereto. [Section 36 amended: No. 31 of 1997 s. 142.] 37. Partial interests in land (1) Where, whether by way of agreement or by way of a compulsory taking under Part 9 of the Land Administration Act 1997, an energy operator seeks to acquire an estate or interest in or relating to any land that is less than is held by the person from whom the acquisition is sought, the energy operator may, subject to section 45(12), acquire such lesser estate or interest and shall not be required to acquire the whole of the estate or interest held by that person. (2) Where the estate or interest of an energy operator is recorded on, or by way of memorial in the register relating to, the title to the land — (a) that estate or interest shall enure for the benefit of the energy operator and run with the land notwithstanding any sale, subdivision or other dealing with that land by the owner or occupier for the time being, but any such estate or interest may be relinquished by the energy operator; and (b) the benefit of any right, restriction or covenant in relation to the use of land granted to or held by the energy operator may be enforced by the energy operator to the like extent as if the energy operator were possessed of adjacent land for the benefit of which the same was to enure. (3) Except where the estate or interest to be acquired under this section is one of a particular kind prescribed by reference to a standard form or abbreviated description pursuant to section 38, a description sufficient to identify that estate or interest shall be set out in any notice served under Part 9 of the Land Administration Act 1997, or any document of transfer when that notice or document of transfer is read together with any plan or other document to which that notice or document of transfer refers. [Section 37 amended: No. 89 of 1994 s. 39 and 41; No. 31 of 1997 s. 26(2) and 142; No. 58 of 1999 s. 83(1) and (3).] 38. Conveyancing by abbreviated description (1) Regulations made under this Act may, subject to the approval of the Minister administering the Transfer of Land Act 1893, make provision for the use of a standard series of forms describing the more frequently occurring particular kinds of estate or interest less than fee simple which an energy operator acquires pursuant to this Act, and where the estate or interest to be acquired by an energy operator is of one of the particular kinds so prescribed it may, — (a) subject to subsection (2), be described in the prescribed abbreviated manner in any transfer under the provisions of the Transfer of Land Act 1893, or in any notice served under the Public Works Act 1902 or the Land Administration Act 1997, for the purposes of this Act; and (b) where the estate or interest is of a kind that is not required to be transferred in accordance with the provisions of the Transfer of Land Act 1893, be transferred in the prescribed manner, by reference to the appropriate prescribed standard form. (2) For the purposes of section 170(5)(b) of the Land Administration Act 1997, the copies of the notice shall be accompanied by a description of the estate or interest to be acquired and by a copy of any plan or other documents referred to in the notice. [(3) deleted] (4) Where an energy operator acquires an estate or interest in any land less than is held by the person from whom it was so acquired, then there shall be endorsed upon the deed, certificate, or other instrument evidencing the title to the land from which the estate or interest acquired is derived a note, whether or not by way of a prescribed abbreviated description, as to the estate or interest acquired and that deed, certificate, or other instrument shall be returned to the person from whom it was received or to any person entitled to receive it on his behalf. (5) The description of an estate or interest acquired pursuant to section 37 which the energy operator does not require to be recorded on, or by way of memorial in the register relating to, the title to the land in question may be delineated by reference to a plan other than a survey plan. [Section 38 amended: No. 89 of 1994 s. 39 and 41; No. 31 of 1997 s. 26(3)-(6); No. 58 of 1999 s. 83(1) and (3); No. 33 of 2004 s. 40.] 39. Agreements incidental to land matters (1) In order to facilitate the acquisition of, or dealing with, land to be acquired, an energy operator may enter into agreements relating to incidental matters and things necessary to give effect to the powers of the energy operator. (2) Where the fee simple of, or any other estate or interest in, any land is vested in an energy operator but the energy operator for the time being does not require the exclusive use and occupation of the land then — (a) section 191 of the Land Administration Act 1997 shall not have effect in relation to that land notwithstanding that it is not being used for a public work where the energy operator certifies to the Minister administering the Land Administration Act 1997 that the land — (i) will in the future be required to be used for a public work within the meaning of the Public Works Act 1902; or (ii) is presently or may in the future be so required but the requirement does or may not extend to a requirement for exclusive use and occupation; and (b) the energy operator may grant to any person — (i) a lease or licence to occupy the land or any part of the land, either exclusively or concurrently with the energy operator; or (ii) any other interest in or right to use that land or any part of that land. (2a) Where a lease, licence or other interest or right granted in relation to land under subsection (2) is stated in that grant as being by way of consideration for the acquisition of the land, or an estate or interest in the land, by an energy operator the grant shall not be revoked without compensation unless the parties otherwise agree. (3) Where an energy operator exercises the powers conferred by subsection (2), then unless an agreement entered into between the energy operator and the person to whom the lease, licence, interest or right is granted otherwise provides, the grant — (a) shall be deemed to be subject to a condition that the energy operator shall be indemnified against any costs, damages, claims, or expenses arising therefrom; and (b) subject to subsection (2a) may be terminated without any liability for compensation thereby arising, on not less than 21 days prior written notice. [Section 39 amended: No. 24 of 1986 s. 18; No. 89 of 1994 s. 11, 39 and 41; No. 31 of 1997 s. 26(7) and 143; No. 58 of 1999 s. 83(1) and (3).] 40. Power to dispose of land (1) Subject to subsection (2) but otherwise in accordance with Part 9 of the Land Administration Act 1997, an energy operator may sell or otherwise deal with any land, or any estate or interest in land, acquired by or vested in the energy operator for the purposes of the performance of its functions where — (a) that land, or that estate or interest, is no longer required for such purposes; or (b) that estate or interest is of a kind not considered by the energy operator to be necessary or appropriate for a particular purpose, notwithstanding that the land, or an estate or interest in the land, is required for such purposes. (2) Where any such land, estate or interest acquired by or vested in the energy operator was not acquired by way of compulsory taking for any public work sections 187, 188, 189, 190, and 191 of the Land Administration Act 1997 shall not have effect in relation thereto. [Section 40 amended: No. 24 of 1986 s. 19; No. 89 of 1994 s. 12, 39 and 41; No. 31 of 1997 s. 26(8) and 142; No. 58 of 1999 s. 83(1) and (3).] 41. Planning approvals For the purposes of section 135 of the Planning and Development Act 2005, an energy operator may submit to the Western Australian Planning Commission plans of a subdivision of land acquired, or to be acquired, by the energy operator notwithstanding that the energy operator is not the owner of the land, and approval under that Act may be given thereto. [Section 41 amended: No. 84 of 1994 s. 46; No. 89 of 1994 s. 39 and 41; No. 58 of 1999 s. 83(1) and (3); No. 38 of 2005 s. 15.] 42. Energy operator to have certain rights to water (1) Subject to this Act, and in particular to subsection (2), an energy operator may use waters to which the Water Agencies (Powers) Act 1984 or a relevant Act within the meaning of that Act applies, and subject to those Acts may erect, construct, build and maintain such dams, storages, sluiceways and other works and make such diversions as the energy operator may consider necessary for the effectual control and use of those waters by the energy operator. (2) The rights and powers of an energy operator under subsection (1) shall be exercised by the energy operator in such manner and to such extent as will cause the least interference with — (a) the powers, authorities and functions of a licensee as defined in the Water Services Act 2012 section 3(1), the Minister administering the Water Agencies (Powers) Act 1984 and any statutory authority within the meaning of that Act; and (b) the rights, benefits and privileges of other persons under the Acts referred to in subsection (1). [Section 42 amended: No. 24 of 1986 s. 20; No. 89 of 1994 s. 13, 39 and 41; No. 73 of 1995 s. 188; No. 58 of 1999 s. 83(1) and (3); No. 38 of 2007 s. 193; No. 25 of 2012 s. 210.] 43. Property in works (1) Where any works or other things are or have been placed upon, in, over or under any land by — (a) an energy operator, in the performance or purported performance of its functions; or (b) any predecessor in title of an energy operator, in relation to those works or other things, those works or other things shall be taken to have been lawfully so placed and are, and shall at all times continue to be, the property of the energy operator, unless the energy operator has otherwise specified or may otherwise determine, and the energy operator shall be deemed to have a right of access thereto for the purposes of the performance of its functions. (1aa) Where any works or other things are or have been placed upon, in, over or under any land by a person under an agreement or arrangement — (a) entered into by the energy operator in the performance or purported performance of its functions; and (b) under which the property in those works or other things is to pass to the energy operator on the occurrence of an event specified in the agreement or arrangement (the transfer event), those works or other things shall be taken to have been lawfully so placed and, on and from the transfer event are, and shall at all times continue to be, the property of the energy operator, unless the energy operator has otherwise specified or may otherwise determine, and the energy operator shall be taken to have a right of access to them for the purposes of the performance of its functions. (1a) Where for the purposes of any agreement or arrangement entered into by an energy operator it has transferred or conveyed to another person the property or any other interest in any works or other things placed in, over or under any land but continues to manage or maintain such works or other things whether for itself or for or on behalf of any other person the energy operator, and the transferee and any successor in title of such transferee and their servants and agents, shall be deemed to have a right of access thereto for the purposes of carrying out the agreement or arrangement. (2) An energy operator and any person or body of persons authorised by the energy operator in that behalf may demolish or destroy on, or remove from, any land occupied by it, any plant, machinery, equipment, apparatus, buildings, road, or other works placed or constructed thereon to which subsection (1) or (1aa) applies. [Section 43 amended: No. 36 of 1984 s. 3; No. 30 of 1987 s. 7; No. 89 of 1994 s. 14, 39, 40 and 41; No. 58 of 1999 s. 83; No. 33 of 2004 s. 41.] [44. Deleted: No. 89 of 1994 s. 15.] 45. Claims against the energy operator for the use of land and the application of the Land Administration Act 1997 (1) Subject to subsection (3), an energy operator shall not be liable to pay compensation for, or in respect of any damage attributable to, the placing of any works or other things to which section 43(1) applies or by virtue of the grant of the right of access deemed by that subsection to be vested in the energy operator. (2) No claim lies against an energy operator by reason of any loss of enjoyment or amenity value, or by reason of any change in the aesthetic environment, alleged to be occasioned by the placing of works of the energy operator on any land. (3) No claim lies against an energy operator by reason of the placing of any works of the energy operator upon, in, over or under any land, other than a claim — (a) pursuant to section 120; or (b) under Part 10 of the Land Administration Act 1997, as read with this section, where the energy operator — (i) is by this or any other Act required; or (ii) by reason of the nature of the works there placed, the nature of the locality in which the works are placed, the safeguarding of particular works, public safety, future development proposals, or otherwise, elects, to acquire the land or an estate or interest in the land. (4) Notwithstanding the powers conferred by sections 28(3)(c) and 46, an energy operator is, except where the land is land to which subsection (15) applies, required to acquire, where practicable by agreement but otherwise pursuant to Part 9 of the Land Administration Act 1997, as read with this section, such land, estate, or interest as may in the opinion of the energy operator be appropriate to its needs in respect of — (a) generating works; and (b) all electricity transmission works operating at 200 000 volts or above; and (c) all gas transmission works operating at 2 Megapascals or above; and (d) such other transmission works as may be prescribed by regulation under this Act as works to which this subsection shall apply. (4A) In subsection (4)(a) — generating works does not include a stand‑alone power system (as defined in the Electricity Industry Act 2004 section 3(1)) that is being constructed, installed, operated or maintained — (a) in accordance with the regulations and the Code made under the Electricity Industry Act 2004 Part 8 and the electricity system and market rules (as defined in the section 3(1) of that Act); or (b) by the Regional Power Corporation in accordance with the regulations, the Pilbara Networks Access Code and the Pilbara networks rules made under the Electricity Industry Act 2004 Part 8A; or (c) by the Regional Power Corporation in accordance with its powers under the Electricity Corporations Act 2005 and the regulations made under the Electricity Industry Act 2004 Part 8A. (5) Where in the performance of its functions an energy operator determines that any land, or any estate or interest in land, is required to be acquired by the energy operator otherwise than by agreement the power to do so shall be exercised under and in accordance with, and any compensation payable by the energy operator in pursuance of such powers shall be assessed, determined and recovered under, Parts 9 and 10 of the Land Administration Act 1997, as read with this section. (6) A claim for compensation made under this section may only be made once, and where any land, estate, or interest is acquired by an energy operator no further claim in respect thereof shall lie against the energy operator notwithstanding any subsequent works of the energy operator affecting that land, estate or interest unless it is shown that the original claim paid did not take into account the nature of the damage subsequently occurring. (7) Any entry upon, or acquisition of, land authorised by or under this Act and any works carried out by an energy operator in the performance of its functions shall be deemed to be for the purposes of a public work within the meaning of the Public Works Act 1902, the energy operator shall be deemed to be a local authority within the meaning of that Act authorised to effect that acquisition under Part 9 of the Land Administration Act 1997 or undertake that public work under the Public Works Act 1902, the date of first entry under this Act shall be regarded as the date of the taking of the land for the purposes of section 241(2)(c) of the Land Administration Act 1997 in order to ascertain the value of the land, and that Act shall apply to and in respect thereto accordingly in so far as that Act is not inconsistent with this Act. [(8) deleted] (9) For the purposes of this Act, where an energy operator so requires the energy operator may exercise any power that is by the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997 vested in the relevant Minister and in so far as that Act applies, or those Parts apply, to the compulsory taking of any land, or the entry on, occupation or use of any land, pursuant to this Act any reference in that Act or those Parts to the relevant Minister, or to the department of the Public Service principally assisting the relevant Minister in the administration of that Act or those Parts, may be read for the purposes of this Act as a reference to the energy operator and that Act or those Parts may be construed accordingly. (10) Subsection (9) does not prevent the relevant Minister from exercising the relevant Minister's powers under the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997 on behalf of an energy operator when requested by the energy operator to do so. (11) Where an energy operator fails to serve an offer on a claimant against the energy operator for compensation under Part 10 of the Land Administration Act 1997, within the time limited for that purpose by that Act, then the Minister administering that Act may at any time thereafter serve an offer on behalf of the energy operator, and such offer shall be deemed to be an offer duly made by the energy operator for the purposes of that Act. (12) A written objection served pursuant to section 175(1) of the Land Administration Act 1997, in relation to any proposed taking or resumption for the purposes of an energy operator may request — (a) that instead of the whole estate or interest in the land being acquired, such a lesser estate or interest as is sufficient for the purposes of the energy operator be acquired; or (b) that instead of an estate or interest less than the whole being acquired, the whole estate or interest in the land be acquired, and the Minister, after consultation with the energy operator, may direct that the proposed taking or resumption be varied accordingly. (13) Where any land is compulsorily acquired under Part 9 of the Land Administration Act 1997, for the purposes of an energy operator under this Act or any other Act that land shall, on the registration of the relevant taking order made under section 177 of that Act, be vested in the energy operator for the purpose of the public work for which the land is acquired, by force of section 179 of that Act as read with this subsection; save that the Minister administering that Act may, by that taking order, declare that any specified estate, interest, right or privilege of any person to the use, occupation or enjoyment of the land so acquired by the energy operator, or any specified part of that land, may continue for the period therein specified or until terminated by that Minister by a subsequent order under that Act, and may provide that such continued use, occupation or enjoyment shall not be taken to be in satisfaction or part satisfaction of the compensation claimed, and effect shall be given thereto. (14) Where, whether by agreement or compulsory acquisition, any land (including any estate or interest in land to which section 36 applies), is vested in an energy operator and the land thereby affected is taken by any other person, body or authority under or by virtue of Part 9 of the Land Administration Act 1997, then notwithstanding section 179 of that Act — (a) the land or the estate or interest vested in the energy operator shall continue to be so vested, unless the energy operator otherwise agrees; and (b) the energy operator shall be deemed to be a person having an interest in the land, estate or interest to be taken for the purposes of section 202 of that Act. (15) The requirement imposed by subsection (4) does not extend to land which is vested in, or is otherwise occupied or managed by or on behalf of, the Crown in right of the State, a government department, or a local government. (16) In subsections (9) and (10) — relevant Minister means the Minister administering the Public Works Act 1902 or Parts 9 and 10 of the Land Administration Act 1997, as the case requires. [Section 45 amended: No. 24 of 1986 s. 21; No. 89 of 1994 s. 16, 39 and 41; No. 14 of 1996 s. 4; No. 31 of 1997 s. 26(9)‑(18) and 142; No. 58 of 1999 s. 80 and 83(1) and (3); No. 24 of 2000 s. 14(13); No. 33 of 2004 s. 42; No. 9 of 2020 s. 31(2); No. 1 of 2024 s. 52.] 46. The power of entry, generally (1) In this section, a reference to a power of entry, and cognate expressions, includes a reference to the power of an energy operator to carry out the works or perform the duties and exercise the powers necessary to achieve the purpose for which entry on the land, premises or thing affected is sought, and to occupy that land for those purposes. (2) Where due notice has been served upon the owner or occupier of that land, premises or thing an energy operator may for the purposes of this Act or any other Act that confers powers on the energy operator, including the purposes referred to in subsection (10), lawfully enter on to any land, premises or thing not under the control or management of the energy operator notwithstanding that the energy operator has not obtained the consent of the owner or occupier, but except as is otherwise provided in this Act such an entry shall not be lawful unless notice has been served or such consent has been obtained. (3) The power of entry conferred by this section does not authorise or require an energy operator to acquire any interest in any land except such as — (a) the energy operator elects to acquire by agreement; or (b) the energy operator elects to lawfully take under Part 9 of the Land Administration Act 1997, as read with section 45; or (c) the energy operator is required to acquire pursuant to section 176 of the Land Administration Act 1997. (4) A notice required by this Act to be given in relation to any entry shall specify the purpose for which entry is required and shall continue to have effect for so long as that requirement subsists, and successive entries for that purpose shall be taken to be entries to which the notice relates. (5) Where the power of entry is for any reason exercised without the prior service of a notice required under this Act, it shall be the duty of an energy operator to cause notice of the nature of the entry and of any other powers exercised to be given thereafter where that is practicable. (6) A notice served pursuant to this section for the purposes of the exercise of the power of entry shall not be taken to have effect as a notice for any of the purposes for which a notice is required under Part 9 of the Land Administration Act 1997. (7) Where it is shown to the satisfaction of a Justice of the Peace that entry on or into any land, premises or thing is reasonably required by an energy operator for the purpose of the performance of a function of the energy operator but that entry has been refused or the entry is opposed or prevented, or in any case where such land, premises or thing is unoccupied and access cannot be obtained or a notice required by this Act cannot be served without undue delay or difficulty, the justice may, by warrant in the form prescribed by regulations made under this Act, authorise the energy operator by its officers or servants, together with such other persons as are named in the warrant, or any police officer, to enter upon the land, premises or thing, using such force as may be necessary, for the purpose therein specified and any such warrant shall continue to have effect until the purpose for which it was granted has been satisfied. (8) Where in the opinion of an energy operator circumstances have arisen that may occasion undue delay in effecting entry on or into any land, premises or thing or in the carrying out of any works but the provisions of subsection (7) are not appropriate to the circumstances, the energy operator may apply to the Supreme Court ex parte by notice of motion, notwithstanding that no cause or matter between the parties is before the Court or that no previous notice has been given to any party affected thereby, for the grant of an injunction prohibiting the persons therein specified from opposing or preventing the exercise by the energy operator of its powers, or for an order directing the energy operator as to the exercise of powers conferred by this Act in the circumstances specified in that order, or for both such an injunction and such an order. (9) The owner or occupier of any land, premises or thing supplied with energy by an energy operator or in, on or over which any works of the energy operator are lawfully situate shall be deemed to have given consent to the energy operator to enter and re‑enter thereon or therein at all reasonable times for the purposes of the performance of its functions in relation to any such supply or works and no notice under this Act is required unless an agreement in writing entered into by that owner or occupier with the energy operator in relation thereto otherwise provides. (10) Where in the opinion of an energy operator entry upon any land is necessary for the purposes of inspecting or examining any land to determine the feasibility of the use of that land for the purposes of the performance of its functions, or as preliminary to any prospective or intended acquisition of that land or any estate or interest in that land, and the energy operator does not elect to exercise the powers conferred by Subdivision 2 of Division 3, or Division 4, of Part 9 of the Land Administration Act 1997 or section 82 of the Public Works Act 1902, the energy operator may make entry for such purposes. (11) Where an energy operator intends to exercise any of the powers conferred by this section or section 49, notice in writing of that intention shall, where practicable, be given by the energy operator to the owner or occupier of the land, premises or thing to be affected not less than 5 days before the power is to be exercised, save where this Act otherwise provides. (12) An energy operator responsible for the operation of existing distribution works may without prior notice enter on any street under the control of a local or other statutory authority and there exercise such of the powers conferred by section 49 as are of a minor or routine nature and are related only to the maintenance or extension of those works, but where any exercise of the powers conferred by that section is likely to affect the use or surface of any such street or the position or use of any pipe, sewer, drain or tunnel then notice in writing of the intention to carry out the works specified therein shall be given by the energy operator to the authority concerned unless subsection (13) or section 48 applies. (13) Where the purpose of the entry upon any land is to correct a defect in supply as a matter of urgency, notice shall be given to all persons likely to be affected by the entry where, and as soon as, it is practicable (unless section 48 applies) but the entry may be effected forthwith. (14) Where an energy operator enters on to any land, premises, or thing without prior notice for the purpose of exercising any power of the energy operator to carry out works thereon then, wherever practicable, as soon as may be thereafter notice in writing of the entry and of the works carried out, and of any further intention of the energy operator relating thereto, shall be given to the owner or occupier of the land affected. (15) Where the owner of any unoccupied land, premises or thing is not within the State, or for any other sufficient reason it is not possible to give to any person, body or authority the notice required by this Act, then for the purposes of this Act the notice shall be deemed to have been given if it has been affixed or displayed on or over a conspicuous part of the land, premises or thing concerned and left so affixed or displayed for at least 5 days. (16) Whenever an energy operator, by its officers, servants or agents, enters or has entered on or into any land, premises or thing the officer of the energy operator responsible for the conduct of the entry shall, on request, produce evidence of his appointment and of the authority under which the energy operator claims a right of entry. [Section 46 amended: No. 89 of 1994 s. 17, 39, 40 and 41; No. 31 of 1997 s. 26(19) and (20) and 142; No. 58 of 1999 s. 83; No. 33 of 2004 s. 43.] 47. Service of notice by post on owner or occupier Save as otherwise expressly provided any notice or demand required by or under this Act to be given or served on the owner or occupier of any land or other premises may (in addition to or instead of any other mode of service) be served by post by prepaid letter addressed to the owner or occupier by that description, and in proving the service it shall be sufficient to prove that the notice or demand was properly addressed to the land or premises in question and was put into the post. 48. Rights as to entry on lands etc. in emergency (1) Where it appears to an energy operator, or a person authorised under the provisions of section 4, that by reason of — (a) actual or apprehended danger to any person or property; or (b) the occurrence of injury or damage attributable, or which might be attributable, to any defect in, or any malfunction, misuse or improper use of, any supply system or consumer installation; or (c) an urgent necessity to restore or provide a supply of energy to any place or person; or (d) damage to or interference with a supply system generally; or (e) any other matter, the circumstances are such that an emergency situation exists which makes compliance with the normal requirements of this Act impractical or unreasonable, then, while those circumstances subsist and for so long thereafter as is reasonably required in relation thereto, the energy operator or that person may lawfully effect immediate entry on or into any land, premises or thing necessary to deal with the emergency situation, and there exercise all such powers as are by this Act conferred on the energy operator or that person and are reasonably required to deal with that situation, without any requirement for a notice or warrant and by force of this subsection. (2) Any question as to what is a necessary entry may be determined by the officer of an energy operator or other person authorised by this section to effect or direct the entry and any question as to what powers are reasonably required to deal with a situation to which subsection (1) refers may be determined by the person responsible for the exercise of the power, and in any proceedings arising therefrom such a determination shall be presumed, in the absence of evidence to the contrary, to have been made in good faith. (3) An energy operator or other person authorised pursuant to this section shall, as soon as may be, as regards any land, premises or thing entry on or into which was effected for the purposes of this section — (a) remove or cause to be removed any machinery, equipment or other thing under the control of the energy operator or that person and not necessarily remaining as part of the measures to deal with the emergency; and (b) where the emergency arose in relation to a supply system or other matter owned by the energy operator or for which the energy operator is otherwise responsible, make good any physical damage or effect restoration, rehabilitation or restitution, and for that purpose the provisions of section 120 shall be construed as though a reference to the energy operator included a reference to any other person authorised pursuant to this section. (4) Where entry is effected on or into any land, premises or thing under this section in respect of an emergency situation arising in relation to a supply system or other matter for which an energy operator is not responsible, the energy operator may recover as a debt from the person who is responsible for that supply system or other matter the costs of any expenses incurred in dealing with that emergency situation and of making good any physical damage thereby occasioned. [Section 48 amended: No. 24 of 1986 s. 22; No. 89 of 1994 s. 39, 40 and 41; No. 58 of 1999 s. 83.] 49. General powers relating to works For the purposes of, and subject to this Act, an energy operator may exercise the power — (a) to enter upon any land which may be required to be used for the purposes of the energy operator and there make surveys, clear lines of sight, take levels, make or set up beacons, trenches or other marks, sink bores, take soil or other samples and do any other acts or things whatsoever necessary for the investigation or demarcation of such lands; and (b) to enter upon any land, and dig, fell, remove, store, or utilise any earth, stone, gravel, sand or other soil, timber or trees, or other material required for the purpose of the construction or maintenance of any part of any undertaking or works of the energy operator; and (c) to enter upon any land, premises, or thing and set up, lay down, establish, maintain, utilise, and operate, any supply system, or any undertaking or other related things necessary for the establishment or maintenance of any supply system, in, over, under, or through any such land, (including any shore of the sea or any stream or water) premises or thing, and at any time to inspect, service, maintain, replace, repair, or alter, or remove, any such system, undertaking or things; and for that purpose to — (i) break, excavate and remove any soil to the extent and depth required; and (ii) utilise water; and (iii) make or alter watercourses drainage, means of access and transit; and (iv) remove, reconstruct, or provide buildings, wharves, and other structures; and (v) remove or carry out any works; and (d) to cause any distribution works or service apparatus or related things to be supported by affixing or annexing them to or against any part of a house, building or other structure (subject to the condition that if the owner or occupier wishes to rebuild or alter that house, building or other structure, such of those works, apparatus, or things as are not so attached for the sole purpose of providing a supply of energy for the use of that owner or occupier shall at the cost of the energy operator be removed but may, if so required by the energy operator, be affixed to the new structure); and (e) to open, or alter the position of, any pipe, sewer, drain, tunnel, or other works within or under any land or premises and, subject to the energy operator taking all reasonable steps to notify the intention of the energy operator to the authority having the care or management thereof, and subject to section 51, to alter the position of any such works (not being works the property of the Australian Telecommunications Commission of the Commonwealth) or any other thing situate over or under any street; and (f) to do all such other things as may be necessary or convenient for constructing, maintaining, altering, repairing, or using any supply system, undertaking, or related works, and for any such purpose the energy operator may occupy any land or premises, and may remove, or erect a gate in, any fence (taking all reasonable steps to notify the owner and occupier of the land on which, or on the boundary of which, the fence is erected). [Section 49 amended: No. 89 of 1994 s. 39 and 41; No. 58 of 1999 s. 83(1) and (3).] 50. Restrictions on the exercise of the general powers In the exercise of the powers conferred under section 49 an energy operator shall ensure that so far as is reasonable and practicable — (a) the free use of any land, street, shore or water is not obstructed; and (b) any works or installations fixed or crossing above the surface of any land, or of any navigable waters, are at a sufficient height or are otherwise so dealt with as to ensure that a source of danger is not likely to be constituted thereby in the course of any reasonable utilisation of that land or water; and (c) as little detriment or inconvenience is caused and as little damage is done as is possible, and section 120 applies in respect of any damage thereby occasioned. [Section 50 amended: No. 89 of 1994 s. 39; No. 58 of 1999 s. 83(1).] 51. Alteration to works in streets Subject to section 52, where an energy operator considers it necessary at any time to alter the position of any works which are laid in, over or under any street and are under the control or management of any person or local or other authority then it may by notice in writing request any such person or authority concerned to effect the alterations in such manner and within such reasonable time as shall be specified in that notice, and if that notice is complied with the reasonable expenses incurred by that person or authority attendant upon or connected with those alterations shall be repayable by the energy operator, but where that notice is not complied with the energy operator may at its own cost cause such alterations to be made to those works as are required by the energy operator. [Section 51 amended: No. 89 of 1994 s. 39 and 41; No. 58 of 1999 s. 83(1) and (3).] 52. Street levels and widths (1) Where an energy operator proposes to place any works in any street, the local or other authority responsible for determining the level of that street shall, within 14 days of the service of a written request from the energy operator, furnish the energy operator with particulars of any ascertained or proposed levels, or method of surfacing, of that street, and in default of the furnishing of those particulars the existing contour of the street shall for the purposes of the energy operator relating to those works be deemed to be the level. (2) A local or other authority having the control and management of any street shall give an energy operator at least 7 clear days' notice in writing of its intention to alter the level or width or the surfacing of any street in which any works of the energy operator have been placed, but, whether or not such notice is given, if by reason of any such alteration the energy operator considers it necessary to relocate any such works then the costs of such alteration shall be a debt due from the local or other authority to the energy operator. (3) Where the notice required by subsection (2) is not given, the authority concerned shall be liable to make full compensation to the energy operator for any loss, damage or costs arising from or in relation to any such alteration. [Section 52 amended: No. 89 of 1994 s. 39 and 41; No. 58 of 1999 s. 83(1) and (3).] 53. Streets broken up to be reinstated without delay (1) Where an energy operator opens or breaks up the surface of any street or pavement the energy operator shall — (a) with all convenient speed complete the work for which it is broken up, and fill in the ground, and reinstate and make good the surface so opened or broken up; and (b) while any portion of the street or pavement continues to be opened or broken up, cause that portion of the street or pavement to be clearly marked with warning notices or otherwise guarded and a sufficient light to be kept there at night. (2) An energy operator shall indemnify and keep indemnified any local or other authority from and against all actions, claims, proceedings, loss, damage, costs, or expenses for which that authority may be liable arising from or relating to any acts or omissions of the energy operator done or omitted to be done contrary to subsection (1) in relation to any street or pavement under the control and management of that authority. [Section 53 amended: No. 89 of 1994 s. 39, 40 and 41; No. 58 of 1999 s. 83.] 54. Duty and powers, as to vegetation causing interference (1) It shall be the duty of the occupier of any land on or over which vegetation is growing to fell or lop, or to remove or otherwise deal with, in such manner as is reasonable in the circumstances, so much of any vegetation as is necessary to prevent it interfering with or obstructing, or becoming likely to interfere with or obstruct, the construction, maintenance or safe use of any supply system. (2) Where in the opinion of a responsible officer of an energy operator the duty imposed by subsection (1) has not been carried out — (i) if the interference or obstruction is occasioned solely in relation to premises or apparatus on the land (not being a street or other public place) from which the vegetation is growing, and the occupier of that land so consents; or (ii) in any other case, (but where the vegetation has been planted or cultivated, only if the occupier of the land at the point at which the vegetation interferes or obstructs the supply system has been requested by notice in writing to carry out the work but has not done so within such period, not being less than 3 days, as is specified in the notice, and has been given a reasonable opportunity to make representations as to the manner in which the work should be effected), the energy operator may enter upon the land without notice and clear or remove the vegetation so far as is necessary causing as little damage as is practicable. (3) The reasonable cost of the clearance or removal of vegetation pursuant to subsection (2) may be recovered by the energy operator from the occupier of the land as a debt due to the energy operator, if that vegetation had been planted or cultivated, and for the purposes of this subsection a local government which has planted or encouraged the planting of vegetation on land not occupied by any other person shall be deemed to be the occupier of that land. [Section 54 amended: No. 89 of 1994 s. 39 and 41; No. 14 of 1996 s. 4; No. 58 of 1999 s. 83(1) and (3).] [55. Deleted: No. 8 of 2006 s. 4.] [56. Deleted: No. 58 of 1999 s. 54.] 57. Distribution system emergencies (1) In this section — distribution system means distribution works and service apparatus pertaining to distribution works; system emergency means any event or circumstance arising or reasonably expected to arise in relation to any distribution system — (a) 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 (b) by reason of which — (i) any life or property is or may be endangered; or (ii) 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 (iii) the capacity of the distribution system is for any reason insufficient to satisfy any demand or anticipated demand by supply in the normal manner; and (c) 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). (1a) 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. (2) 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. (3) When a system emergency exists — (a) the Minister may make any order that the Minister considers necessary, to provide for — (i) 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 (ii) 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; and (b) 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 (c) the Minister may by order delegate, either generally or specifically, to an energy operator any power of the Minister under this section. (3a) 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. (3b) 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. (4) Any order made pursuant to subsection (3) may be renewed, cancelled or varied by a subsequent order so made. (5) 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. (6) 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. (7) 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. (8) 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 t