Energy Coordination Exemption Order 2009 (WA)

Western Australia Energy Coordination Act 1994 Energy Coordination Exemption Order 2009 Western Australia Energy Coordination Exemption Order 2009 Contents 1. Citation 1 2. Commencement 1 2A. Terms used 1 3. Exemption from s. 11G(1) — developer constructing distribution system 2 4. Exemptions for on‑supply 3 5. Condition applying to exemptions for on‑supply 4 Notes Compilation table 5 Defined terms Western Australia Energy Coordination Act 1994 Energy Coordination Exemption Order 2009

1. Citation This order is the Energy Coordination Exemption Order 2009. [Clause 1 amended: Gazette 24 Sep 2010 p. 5009.]

2. Commencement This order comes into operation as follows — (a) clauses 1 and 2 — on the day on which this order is published in the Gazette; (b) the rest of the order — on the day after that day. [Clause 2 amended: Gazette 24 Sep 2010 p. 5009.]

2A. Terms used In this order — exempt supplier, in relation to a property, means a person who is exempt from the Energy Coordination Act 1994 section 11G(1) or (2) under clause 4 in relation to the property; occupier, of a property, means a person in lawful occupation of the property; property means a parcel of land and includes — (a) a part of a parcel of land; and (b) 2 or more parcels of land with common boundaries that are constituted, owned or occupied as 1 property; residential property means a property or any part of a property used, or intended to be used, as a person's principal place of residence. [Clause 2A inserted: Gazette 23 Dec 2016 p. 5904.]

3. Exemption from s. 11G(1) — developer constructing distribution system (1) A person who subdivides land (the developer) is exempt from the Energy Coordination Act 1994 section 11G(1) in relation to the construction of a distribution system for the transportation of gas to lots resulting from that subdivision. (2) The exemption provided for in subclause (1) is subject to the conditions set out in subclauses (3), (4) and (6). (3) Before construction of the distribution system starts, or within such further time as the Coordinator allows, the developer must provide the Coordinator with evidence to the satisfaction of the Coordinator that the developer has entered into an agreement with the holder of a distribution licence (the licensee) making provision for the following matters — (a) the licensee's design and construction requirements for the distribution system; (b) an audit by the licensee or its nominee of the distribution system, after construction is completed, to ensure compliance with the requirements mentioned in paragraph (a) and all relevant statutory requirements; (c) arrangements for the transfer of ownership of the distribution system to the licensee; (d) the allocation of responsibility for maintenance of the distribution system before gas is transported through it; (e) a requirement for the licensee to be given plans and other documentation relating to the distribution system. (4) Before construction of the distribution system starts, or within such further time as the Director allows, the developer must give the Director a written notice that — (a) sets out or is accompanied by information about the design and attributes of the distribution system including pipe pressure, materials to be used in construction and projected gas load; (b) sets out the name and contact details of the entity with primary responsibility for carrying out construction of the distribution system; (c) sets out the projected timeframe for construction of the distribution system; (d) sets out or is accompanied by a map showing the location of the distribution system. (5) The Director may, by written notice given to the developer, specify guidelines that are to be observed in the construction of the distribution system. (6) The developer must ensure that guidelines specified under subclause (5) are observed.