{"id":"electricity-industry-exemption-order-2005","name":"Electricity Industry Exemption Order 2005","slug":"electricity-industry-exemption-order-2005","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176501,"registerId":"wa-electricity-industry-exemption-order-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electricity Industry Exemption Order 2005","content":"![Crest]()Western Australia\n\nElectricity Industry Act 2004\n\nElectricity Industry Exemption Order 2005\n\nWestern Australia\n\nElectricity Industry Exemption Order 2005\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3A. Terms used 1\n\n3B. Application of order 2\n\n3. Exemption for generating works of 100 MW or less 2\n\n4A. Exemptions for supply to non-residential property on which generating works are located 3\n\n4B. Exemption for supply to non-residential property occupied by supplier 4\n\n4. Exemptions for on‑supply 5\n\n6. Conditions applying to certain exemptions under cl. 4: fees and charges 6\n\n6A. Conditions applying to certain exemptions under cl. 4: life support equipment 9\n\n7. Exemptions for supply to Aboriginal communities 11\n\n7A. Temporary exemptions for supply by Regional Power Corporation to certain Aboriginal communities 12\n\n8. Exemptions for operations under Pilbara Energy Project Agreement 13\n\n10. Exemptions for operations under various government agreements 14\n\n11. Conditions applying to exemptions under clause 10 14\n\n12. Exemptions for operations in DBNGP corridor 16\n\n13. Exemptions for Electricity Generation and Retail Corporation 16\n\n14. Exemptions for Fremantle Port Authority 18\n\n15. Exemptions for supply in Eucla 18\n\n16. Exemption for distribution systems of less than 1 km connecting to network other than SWIS 18\n\n17. Exemptions for holders of generation licence connecting to SWIS 19\n\n18. Exemption for EDL NGD (WA) 20\n\n19. Exemptions for electric vehicle charging stations 20\n\n20. Exemptions for Blair Fox — Karakin Wind Farm and Beros Road Wind Farm 20\n\n23. Exemption for CSBP — Kwinana manufacturing facility 22\n\n25. Exemptions for Eastern Metropolitan Regional Council: supply to Perth Airport 22\n\n26. Exemption for certain connections to internet networks 23\n\n27. Exemption for Woodside Energy — Mt Wongama communications facility 23\n\n28. Exemption for Pilbara Energy Company — Pilbara Energy Connection 24\n\n29. Exemption for generating works connecting to Pilbara Energy Connection 24\n\n30. Exemption for sale of electricity — Pilbara Energy Connection 24\n\nSchedule 1A — Aboriginal communities in relation to which Regional Power Corporation temporarily exempt\n\nSchedule 1 — Depiction of EDL NGD (WA) exempt distribution system\n\nNotes\n\nCompilation table 34\n\nDefined terms\n\n  \n\nElectricity Industry Act 2004\n\nElectricity Industry Exemption Order 2005\n\n##### 1. Citation\n\n\t\tThis order is the *Electricity Industry Exemption Order 2005*.\n\n##### 2. Commencement\n\nThis order comes into operation on 1 January 2006.\n\n##### 3A. Terms used\n\nIn this order —\n\nAboriginal community has the meaning given in the *Aboriginal Communities Act 1979* section 3;\n\nDeposited Plan, followed by a number, means the deposited plan of that number —\n\n(a) lodged with the Western Australian Land Information Authority established by the *Land Information Authority Act 2006* section 5(1); and\n\n(b) approved by an authorised land officer as defined in the *Land Administration Act 1997* section 3(1);\n\nnon‑residential property means a property or any part of a property that is not —\n\n(a) a residential property; or\n\n(b) a site as defined in the Caravan Parks and *Camping Grounds Act 1995* section 5(1);\n\nPilbara Energy Connection means the electricity infrastructure used, or to be used, for, or in connection with, or to control, the transportation of electricity between each of the following, through the Lambda Terminal located on mining tenement L45/474 —\n\n(a) the Chichester Hub located on mining tenement L45/456;\n\n(b) the Iron Bridge located on mining tenement L45/467;\n\n(c) the Solomon Hub located on mining tenement L47/859;\n\nproperty means a parcel of land and includes —\n\n(a) a part of a parcel of land; and\n\n(b) 2 or more parcels of land with common boundaries that are constituted, owned or occupied as 1 property;\n\nresidential property means a property or any part of a property used, or intended to be used, as a person’s principal place of residence but does not include a site as defined in the *Caravan Parks and Camping Grounds Act 1995* section 5(1);\n\nSWIS means the South West interconnected system.\n\n[Clause 3A inserted: Gazette 9 Oct 2009 p. 3992; amended: Gazette 29 Jun 2012 p. 2933; 23 Dec 2016 p. 5894-5; SL 2020/180 cl. 4; SL 2023/80 cl. 4; SL 2024/3 cl. 4.]\n\n##### 3B. Application of order\n\nThis order does not apply to a person in relation to the supply of electricity to a customer under a solar power purchase agreement as defined in the *Electricity Industry (Solar Power Purchase Agreements) Exemption Order 2016* clause 3.\n\n[Clause 3B inserted: Gazette 23 Dec 2016 p. 5895.]\n\n##### 3. Exemption for generating works of 100 MW or less\n\n(1) In this clause —\n\n  connection point, in relation to generating works, means a point at which the generating works are connected to a transmission system or a distribution system.\n\n(2) A person is exempt from the *Electricity Industry Act 2004* section 7(1) if —\n\n(a) in relation to the construction of generating works — the total generation capacity that the generating works will have is not more than 100 MW at each connection point after construction is completed; or\n\n(b) in relation to the operation of generating works — the generation capacity of the generating works is not more than 100 MW at each connection point.\n\n(3) The exemption provided for in subclause (2) is subject to the condition that, if the generating works are connected to a transmission system or distribution system of an electricity corporation that forms part of the SWIS, the metering of the supply of electricity from those works must be undertaken in accordance with the procedures and arrangements set out in the *Electricity Industry (Metering) Code 2012*.\n\n[Clause 3 amended: Gazette 9 Oct 2009 p. 3992; 29 Jun 2012 p. 2934; 25 Sep 2018 p. 3557; SL 2022/171 cl. 4.]\n\n##### 4A. Exemptions for supply to non-residential property on which generating works are located\n\n(1A) A person is exempt from the *Electricity Industry Act 2004* section 7(1) if the generating works concerned —\n\n(a) are located or to be located on a non‑residential property; and\n\n(b) are used or to be used solely for the generation of electricity for consumption by another person on the property.\n\n(1) A person (the supplier) is exempt from the *Electricity Industry Act 2004* section 7(3) if the distribution system concerned —\n\n(a) is connected or to be connected to generating works operated by the supplier; and\n\n(aa) is located or to be located on a non‑residential property; and\n\n(b) is used or to be used solely for the transportation of electricity for consumption by another person on the non‑residential property on which the generating works are located.\n\n(2) A person (the supplier) is exempt from the *Electricity Industry Act 2004* section 7(4) if —\n\n(a) the electricity is generated using generating works operated by the supplier; and\n\n[(b) deleted]\n\n(c) the electricity is sold for consumption on a non‑residential property on which the generating works are located.\n\n[Clause 4A inserted: Gazette 29 Jun 2012 p. 2934; amended: Gazette 14 Dec 2012 p. 6199; 23 Dec 2016 p. 5895‑6.]\n\n##### 4B. Exemption for supply to non-residential property occupied by supplier\n\nA person (the supplier) is exempt from the *Electricity Industry Act 2004* section 7(4) if the electricity —\n\n(a) is generated using generating works operated by the supplier; and\n\n(b) is supplied to a non‑residential property part of which is occupied by the supplier; and\n\n(c) is sold by the supplier for consumption by another person on the non‑residential property.\n\n[Clause 4B inserted: Gazette 26 Jun 2015 p. 2253; amended: Gazette 23 Dec 2016 p. 5896.]\n\n##### 4. Exemptions for on‑supply\n\n(1) A person is exempt from the *Electricity Industry Act 2004* section 7(2) if the transmission system concerned —\n\n(a) is located or to be located on a non‑residential property; and\n\n(b) is used or to be used solely for the transportation of electricity for consumption on the property.\n\n(2) A person is exempt from the *Electricity Industry Act 2004* section 7(3) if the distribution system concerned —\n\n(a) is located or to be located on a property; and\n\n(b) is used or to be used solely for the transportation of electricity for consumption on the property.\n\n(3) A person who is exempt under subclause (1) is exempt from the *Electricity Industry Act 2004* section 7(4), in relation to the sale of electricity transported by the transmission system, if the electricity is sold for consumption on the property.\n\n(4) A person who is exempt under subclause (2) is exempt from the *Electricity Industry Act 2004* section 7(4), in relation to the sale of electricity transported by the distribution system, if the electricity is sold for consumption on the property.\n\n(5) The exemptions provided for in this clause —\n\n(a) are subject to the conditions set out in clauses 6 and 6A; and\n\n(b) do not apply to the Rottnest Island Authority established under the *Rottnest Island Authority Act 1987*.\n\n[Clause 4 inserted: Gazette 23 Dec 2016 p. 5896‑7; amended: Gazette 25 Sep 2018 p. 3557.]\n\n[**5.** Deleted: Gazette 23 Dec 2016 p. 5897.]\n\n##### 6. Conditions applying to certain exemptions under cl. 4: fees and charges\n\n(1) In this clause —\n\n  electricity reticulation system means any apparatus, plant or equipment that is used for, or in connection with, the transportation of electricity to a property;\n\nexempt supplier, in relation to a property, means a person who is exempt from the *Electricity Industry Act 2004* section 7(2), (3) or (4) under clause 4 in relation to the property;\n\noccupier, of a property, means a person in lawful occupation of the property.\n\n(2) For the purposes of this clause, electricity services are services for, or in connection with, the supply of electricity.\n\n(3) Without limiting subclause (2), electricity services include —\n\n(a) the provision and maintenance of an electricity reticulation system; and\n\n(b) the connection of a property to an electricity reticulation system; and\n\n(c) the provision, maintenance and reading of a meter to measure and record the quantity of electricity supplied to a property; and\n\n(d) the preparation and issue of accounts in relation to the supply of electricity to a property; and\n\n(e) anything incidental to or associated with a matter referred to in paragraph (a), (b), (c) or (d).\n\n(4) If electricity supplied to a residential property by an exempt supplier is supplied to the exempt supplier by the Electricity Generation and Retail Corporation, any charge imposed by the exempt supplier for the electricity must not exceed the charge for metered consumption —\n\n(a) to be paid under the *Energy Operators (Electricity Generation and Retail Corporation) (Charges) By‑laws 2006* by consumers for electricity supplied for residential use only; and\n\n(b) applying to electricity supplied by the Electricity Generation and Retail Corporation on the day of the supply.\n\n(5A) If electricity supplied to a residential property by an exempt supplier is supplied to the exempt supplier by the Regional Power Corporation, any charge imposed by the exempt supplier for that electricity must not exceed the charge for metered consumption —\n\n(a) to be paid under the *Energy Operators (Regional Power Corporation) (Charges) By‑laws 2006* by consumers for electricity supplied for residential use only; and\n\n(b) applying to electricity supplied by the Regional Power Corporation on the day of the supply.\n\n(5) If electricity supplied to a residential property by an exempt supplier is generated using generating works that are owned or operated by the exempt supplier, any charge imposed by the exempt supplier for that electricity must not exceed the amount necessary for the exempt supplier to recover the costs of generation.\n\n(6) Any fees or charges imposed by an exempt supplier for the provision of electricity services in relation to a residential property must not, in total —\n\n(a) in a licence area in which the Electricity Generation and Retail Corporation sells electricity to customers, exceed the fixed charge —\n\n(i) to be paid under the *Energy Operators (Electricity* *Generation and Retail Corporation) (Charges) By‑laws 2006* by consumers for electricity supplied for residential use only; and\n\n(ii) applying to electricity supplied by the Electricity Generation and Retail Corporation on the day of the supply;\n\nor\n\n(b) in a licence area in which the Regional Power Corporation sells electricity to customers, exceed the fixed charge —\n\n(i) to be paid under the *Energy Operators (Regional Power Corporation) (Charges) By‑laws 2006* by consumers for electricity supplied for residential use only; and\n\n(ii) applying to electricity supplied by the Electricity Generation and Retail Corporation on the day of the supply.\n\n(7A) Subclause (6) applies even if the electricity is generated using generating works that are owned or operated by the exempt supplier.\n\n(7) If an exempt supplier supplies electricity to a property, the exempt supplier must make available to an occupier of the property information that clearly sets out —\n\n(a) the quantity of electricity supplied to the occupier; and\n\n(b) the fees and charges payable by the occupier —\n\n(i) for electricity supplied; and\n\n(ii) for the provision of electricity services in relation to the property.\n\n(8) Information referred to in subclause (7) must be made available in a manner that is easily accessible.\n\n(9) If information referred to in subclause (7) is not included in an account issued to an occupier of the property, the exempt supplier must inform the occupier of how to gain access to the information.\n\n[Clause 6 amended: Gazette 8 May 2009 p. 1498-9; 27 Dec 2013 p. 6475; 23 Dec 2016 p. 5897‑9.]\n\n##### 6A. Conditions applying to certain exemptions under cl. 4: life support equipment\n\n(1) In this clause —\n\nappropriately qualified medical practitioner has the meaning given in the *Code of Conduct for the Supply of Electricity to Small Use Customers 2016* clause 1.5;\n\ncommencement day means the day on which the *Electricity Industry Exemption Amendment Order 2018* clause 6 comes into operation;\n\ncontact details, of a person, means the person’s telephone number and email address, as nominated by the person;\n\nexempt supplier means a person who is exempt from the *Electricity Industry Act 2004* section 7(3) and (4) under clause 4(2) and (4);\n\nlife support equipment means equipment of a type specified for the purposes of the Life Support Equipment Electricity Subsidy Scheme, as administered by the Department of Finance immediately before commencement day;\n\nregistered property, in relation to an exempt supplier, means a property included in the register kept by the exempt supplier in accordance with this clause;\n\nretailer means a person who holds —\n\n(a) a retail licence; or\n\n(b) an integrated regional licence that authorises the licensee to sell electricity;\n\nsupply address, in relation to an exempt supplier, means the property in relation to which the person is exempt under clause 4(2) and (4).\n\n(2) An exempt supplier must, in accordance with this clause, keep a register of properties at the supply address at which a person who requires life support equipment resides.\n\n(3) If an exempt supplier is given written confirmation, by an appropriately qualified medical practitioner, that a person residing at a property at the supply address requires life support equipment, the exempt supplier must —\n\n(a) include the property in the register by including its address, and the contact details of the occupier of the property, in the register; and\n\n(b) keep a copy of the confirmation; and\n\n(c) within 48 hours of being given the confirmation —\n\n(i) notify the retailer (if any) who supplies electricity for the supply address, that a person residing at the supply address requires life support equipment; and\n\n(ii) give a copy of the confirmation to the retailer.\n\n(4) If an exempt supplier is informed that there is no person or will, after a specified date, be no person residing at a registered property at the supply address who requires life support equipment, the exempt supplier —\n\n(a) must, within 48 hours of being informed, pass on that information to the retailer (if any) who supplies electricity for the supply address; and\n\n(b) may remove the property from the register accordingly.\n\n(5) The exempt supplier, in relation to a registered property at the supply address —\n\n(a) must not interrupt the supply of electricity to the registered property unless —\n\n(i) 48 hours’ notice has been given to the occupier of the property; or\n\n(ii) an occupier of the property consents to the interruption;\n\nand\n\n(b) must not disconnect the registered property for a failure to pay a fee or charge in relation to the supply of electricity to the property; and\n\n(c) must pass on to the occupier of the registered property any notice given to the exempt supplier of an interruption to the supply of electricity to the supply address, within 48 hours of receiving the notice; and\n\n(d) must pass on to the occupier of the registered property a request (if relevant) by a retailer for written confirmation by an appropriately qualified medical practitioner that a person residing at the supply address requires or continues to require life support equipment.\n\n(6) If a person becomes an exempt supplier in relation to a supply address by replacing a previous exempt supplier, the person must, within 48 hours of becoming an exempt supplier in relation to the supply address —\n\n(a) notify the occupier of each property at the supply address that they have become an exempt supplier in relation to the supply address; and\n\n(b) request the occupier to inform them whether or not any person who resides at the property requires life support equipment.\n\n[Clause 6A inserted: Gazette 25 Sep 2018 p. 3557‑9.]\n\n##### 7. Exemptions for supply to Aboriginal communities\n\n(1) In this clause —\n\nAboriginal community premises means any premises that are —\n\n(a) owned, occupied or leased by an Aboriginal community or members of an Aboriginal community; or\n\n(b) used solely or principally for the purposes of an Aboriginal community.\n\n(2) A person is exempt from the *Electricity Industry Act 2004* section 7(3) if the distribution system concerned is used or to be used solely for the transportation of electricity for consumption on Aboriginal community premises.\n\n(3) A person is exempt from the *Electricity Industry Act 2004* section 7(4) if the electricity is sold for consumption on Aboriginal community premises.\n\n(4) The exemptions provided for in this clause do not apply to the Electricity Networks Corporation, the Electricity Generation and Retail Corporation or the Regional Power Corporation.\n\n[Clause 7 amended: Gazette 31 Mar 2006 p. 1158; 27 Dec 2013 p. 6475; SL 2023/80 cl. 5.]\n\n##### 7A. Temporary exemptions for supply by Regional Power Corporation to certain Aboriginal communities\n\n(1) In this clause —\n\nrelevant Aboriginal community premises means any premises that are —\n\n(a) owned, occupied or leased by, or by the members of, an Aboriginal community listed in Schedule 1A; or\n\n(b) used solely or principally for the purposes of an Aboriginal community listed in Schedule 1A.\n\n(2) The Regional Power Corporation is exempt from the *Electricity Industry Act 2004* section 7(3) if the distribution system concerned is used or to be used solely for the transportation of electricity for consumption on relevant Aboriginal community premises.\n\n(3) The Regional Power Corporation is exempt from the *Electricity Industry Act 2004* section 7(4) if the electricity is sold for consumption on relevant Aboriginal community premises.\n\n(4) Subclause (3) does not apply in relation to the sale of electricity for consumption on relevant Aboriginal community premises in respect of the following Aboriginal communities —\n\n(a) Barrel Well;\n\n(b) Kardaloo (Wandanooka);\n\n(c) Kurrawang.\n\n(5) The exemptions provided for in this clause expire on 31 December 2031.\n\n[Clause 7A inserted: SL 2023/80 cl. 6.]\n\n##### 8. Exemptions for operations under Pilbara Energy Project Agreement\n\n(1) In this clause —\n\n  PEP Agreement has the meaning given to “the Agreement” in the *Pilbara Energy Project Agreement Act 1994* section 3.\n\n(2) A person is exempt from the *Electricity Industry Act 2004* section 7(1) if the generating works concerned are constructed or operated pursuant to the PEP Agreement.\n\n(3) A person is exempt from the *Electricity Industry Act 2004* section 7(2) if the transmission system concerned is constructed or operated pursuant to the PEP Agreement.\n\n(4) A person is exempt from the *Electricity Industry Act 2004* section 7(3) if the distribution system concerned is constructed or operated pursuant to the PEP Agreement.\n\n(5) A person is exempt from the *Electricity Industry Act 2004* section 7(4) if —\n\n(a) the electricity is sold to customers pursuant to the PEP Agreement; and\n\n(b) each of those customers consumes more than 160 MWh of electricity per annum.\n\n[**9.** Deleted: SL 2023/80 cl. 7.]\n\n##### 10. Exemptions for operations under various government agreements\n\n(1) In this clause —\n\n  relevant agreement means —\n\n(a) the Agreement as defined in the *Iron Ore (Hamersley Range) Agreement Act 1963* section 2;\n\n(b) the Agreement as defined in the *Iron Ore (Mount Newman) Agreement Act 1964* section 2; and\n\n(c) the Agreement as defined in the *Iron Ore (Robe River) Agreement Act 1964* section 2.\n\n(2) A person is exempt from the *Electricity Industry Act 2004* section 7(1) if the generating works concerned are constructed or operated pursuant to a relevant agreement.\n\n(3) A person is exempt from the *Electricity Industry Act 2004* section 7(2) if the transmission system concerned is constructed or operated pursuant to a relevant agreement.\n\n(4) A person is exempt from the *Electricity Industry Act 2004* section 7(3) if the distribution system concerned is constructed or operated pursuant to a relevant agreement.\n\n(5) A person is exempt from the *Electricity Industry Act 2004* section 7(4) if the electricity is sold to customers pursuant to a relevant agreement.\n\n##### 11. Conditions applying to exemptions under clause 10\n\n(1) In this clause —\n\n  code provision means a provision of the code of conduct as defined in the *Electricity Industry Act 2004* section 78 other than —\n\n(a) Parts 2, 9, 11, 13 and 14; and\n\n(b) clauses 4.4(1)(t) and (bb), 5.2(1)(c), 6.10, 7.1(1)(c)(ii), 10.1(1), 10.2(4), 10.4(b) and (c), 10.7(4), 10.8(2), 10.10(2), (4), (5) and (6), 12.1(2)(b), (3) and (4), and 12.5(1)(b) and (c),\n\nof that code.\n\n(1a) The exemption provided for in clause 10(3) is subject to the condition that the person must comply with any obligation that the *Electricity Industry (Network Quality and Reliability of Supply) Code 2005* from time to time imposes on a transmitter as if the person were a transmitter for the purposes of that code.\n\n(2) The exemption provided for in clause 10(4) is subject to the following conditions —\n\n(a) the person must comply with any obligation that the *Electricity Industry (Obligation to Connect) Regulations 2005* regulations 4 and 7(1) from time to time impose on a distributor as if the person were a distributor for the purposes of those regulations;\n\n(b) the person must comply with any obligation that a code provision from time to time imposes on a distributor as if the person were a distributor for the purposes of that provision;\n\n(c) the person must comply with any obligation that the *Electricity Industry (Network Quality and Reliability of Supply) Code 2005* from time to time imposes on a distributor as if the person were a distributor for the purposes of that code.\n\n(3) The exemption provided for in clause 10(5) is subject to the condition that the person must comply with any obligation that a code provision from time to time imposes on a retailer as if the person were a retailer for the purposes of that provision.\n\n(4) For the purposes of subclauses (1a) and (2)(c) the *Electricity Industry (Network Quality and Reliability of Supply) Code 2005* is taken to be modified so that —\n\n(a) the words “under a distribution licence, transmission licence or integrated regional licence” are omitted from the definition of “network” in section 3(1); and\n\n(b) a report under section 27(1)(a) is not required to set out the information described in Schedule 1 items 8, 14 and 15; and\n\n(c) Schedule 1 item 10 does not apply in relation to the first report under section 27(1)(a).\n\n[Clause 11 amended: Gazette 27 Jun 2006 p. 2286-7.]\n\n##### 12. Exemptions for operations in DBNGP corridor\n\n(1) In this clause —\n\n  DBNGP corridor has the meaning given to that term in the *Dampier to Bunbury Pipeline Act 1997* section 27(1);\n\n  DBNGP Transmission means DBNGP (WA) Transmission Pty Ltd.\n\n(2) DBNGP Transmission is exempt from the *Electricity Industry Act 2004* section 7(3) if the distribution system concerned is located or to be located in the DBNGP corridor.\n\n(3) DBNGP Transmission is exempt from the *Electricity Industry Act 2004* section 7(4) if the electricity is sold for consumption in the DBNGP corridor.\n\n##### 13. Exemptions for Electricity Generation and Retail Corporation\n\n(1) The Electricity Generation and Retail Corporation is exempt from the *Electricity Industry Act 2004* section 7(2) in relation to the operation of a transmission system for the supply of electricity to Colltech Australia Limited (ABN 24 094 515 992) at premises located at the Collie Power Station, Williams Road, Collie.\n\n(2) The Electricity Generation and Retail Corporation is exempt from the *Electricity Industry Act 2004* section 7(3) in relation to the operation of a distribution system for the supply of electricity to Colltech Australia Limited (ABN 24 094 515 992) at premises located at the Collie Power Station, Williams Road, Collie.\n\n(3) The Electricity Generation and Retail Corporation is exempt from the *Electricity Industry Act 2004* section 7(4) in relation to the sale of electricity to —\n\n(a) Billiton Aluminium (Worsley) Pty Ltd (ACN 088 336 921), Kobe Alumina Associates (Australia) Pty Ltd (ACN 008 907 524) and Nissho Iwai Alumina Pty Ltd (ACN 009 309 344) pursuant to an agreement dated 24 June 1999 for the supply of electricity to premises located at Wellington Location 5314;\n\n(b) Tiwest Pty Ltd (ACN 009 343 364) pursuant to an agreement dated 23 October 1997 for the supply of electricity to premises located at Mason Road, Kwinana; and\n\n(c) Transfield Services Kemerton Pty Ltd (ACN 109 619 112) as trustee for the Transfield Services Kemerton Trust pursuant to an agreement dated 8 December 2003 for the supply of electricity to premises located at Marriott Road, Kemerton.\n\n[Clause 13 inserted: Gazette 31 Mar 2006 p. 1158-9; amended: Gazette 11 Jan 2008 p. 102; 27 Dec 2013 p. 6475.]\n\n[**13A.** Deleted: Gazette 27 Dec 2013 p. 6476.]\n\n##### 14. Exemptions for Fremantle Port Authority\n\n(1) In this clause —\n\n  Fremantle Port Authority means the Fremantle Port Authority established under the *Port Authorities Act 1999*.\n\n(2) Fremantle Port Authority is exempt from the *Electricity Industry Act 2004* section 7(3) in relation to the operation of its distribution systems at Fremantle and Kwinana.\n\n(3) Fremantle Port Authority is exempt from the *Electricity Industry Act 2004* section 7(4) in relation to the sale of electricity transported through the distribution systems referred to in subclause (2).\n\n[Clause 14 inserted: Gazette 27 Jun 2006 p. 2288.]\n\n##### 15. Exemptions for supply in Eucla\n\n(1) In this clause —\n\n  Eucla means the area constituting the townsite of Eucla for the purposes of the *Land Administration Act 1997*.\n\n(2) A person is exempt from the *Electricity Industry Act 2004* section 7(3) if the distribution system concerned is located or to be located in Eucla.\n\n(3) A person is exempt from the *Electricity Industry Act 2004* section 7(4) if the electricity is sold for consumption in Eucla.\n\n[Clause 15 inserted: Gazette 27 Jun 2006 p. 2288.]\n\n##### 16. Exemption for distribution systems of less than 1 km connecting to network other than SWIS\n\nA person is exempt from the *Electricity Industry Act 2004* section 7(3) if —\n\n(a) the distribution system concerned is used solely for the transportation of electricity from generating works operated by the person to a network other than the SWIS; and\n\n(b) the distance the electricity is transported is less than 1 km.\n\n[Clause 16 inserted: Gazette 9 Oct 2009 p. 3993.]\n\n##### 17. Exemptions for holders of generation licence connecting to SWIS\n\n(1) The holder of a generation licence is exempt from the *Electricity Industry Act 2004* section 7(2) in relation to a transmission system used solely to transport electricity between 2 or more of the following —\n\n(a) generating works to which the licence applies;\n\n(b) storage works that are connected to the SWIS at the same point as the generating works;\n\n(c) the SWIS.\n\n(2) The holder of a generation licence is exempt from the *Electricity Industry Act 2004* section 7(3) in relation to a distribution system used solely to transport electricity between 2 or more of the following —\n\n(a) generating works to which the licence applies;\n\n(b) storage works that are connected to the SWIS at the same point as the generating works;\n\n(c) the SWIS.\n\n(3) The exemptions provided for in subclauses (1) and (2) are subject to the condition that the connection of the distribution or transmission system to the SWIS complies with the relevant technical rules, as amended from time to time, published under the *Electricity Networks Access Code 2004* established under the *Electricity Industry Act 2004* section 104(1).\n\n[Clause 17 inserted: Gazette 9 Oct 2009 p. 3993; amended: SL 2024/182 cl. 4.]\n\n##### 18. Exemption for EDL NGD (WA)\n\n(1) EDL NGD (WA) Pty Ltd (ABN 35 070 941 721) is exempt from the *Electricity Industry Act 2004* section 7(3) for the underground distribution network joining the power station site and the sub station site identified in Plan No. ERA‑EL‑001.\n\n(2) The distribution network is depicted as ***HV Cabling Route*** in Plan No. ERA‑EL‑001 a copy of which is shown for information in Schedule 1 Division 2.\n\n[Clause 18 inserted: Gazette 9 Oct 2009 p. 3993.]\n\n##### 19. Exemptions for electric vehicle charging stations\n\n(1) In this clause —\n\nelectric vehicle means a vehicle that is propelled wholly or partly by electricity.\n\n(2) A person is exempt from the *Electricity Industry Act 2004* section 7(3) if the distribution system concerned is used or to be used solely for the transportation of electricity for the purpose of charging a battery of an electric vehicle.\n\n(3) A person is exempt from the *Electricity Industry Act 2004* section 7(4) if the electricity is sold for the purpose of charging a battery of an electric vehicle.\n\n(4) The exemptions provided for in this clause expire on 30 June 2027.\n\n[Clause 19 inserted: Gazette 29 Jun 2012 p. 2934‑5; amended: Gazette 26 Jun 2015 p. 2254; 26 Jun 2018 p. 2361; SL 2020/83 cl. 4; SL 2021/67 cl. 4; SL 2024/85 cl. 4.]\n\n##### 20. Exemptions for Blair Fox — Karakin Wind Farm and Beros Road Wind Farm\n\n(1) In this clause —\n\nBeros Road property means the land being Lot 501 on Deposited Plan 400357;\n\nBlair Fox means Blair Fox Pty Ltd (ACN 071 939 654);\n\nChatfield Clarke Road property means the land being Lot 10883 on Deposited Plan 210796;\n\nKarakin Wind Farm means the generating works located on land being Lot 200 on Deposited Plan 302268.\n\n(2) Blair Fox is exempt from the *Electricity Industry Act 2004* section 7(3) in relation to —\n\n(a) the construction and operation of a distribution system used or to be used solely for the transportation of electricity from the Karakin Wind Farm for a distance of less than 16 km; and\n\n(b) the construction and operation of a distribution system used or to be used solely for the transportation of electricity —\n\n(i) on and between the Beros Road property and the Chatfield Clarke Road property; and\n\n(ii) if the main connection point between the SWIS and the distribution system is not located on the Beros Road property — between the Beros Road property and the main connection point.\n\n(3) Blair Fox is exempt from the *Electricity Industry Act 2004* section 7(4) in relation to the sale of electricity if the electricity —\n\n(a) is transported through the distribution system referred to in subclause (2)(a); and\n\n(b) is sold to customers each of whom consumes more than 160 MWh of electricity per annum.\n\n[Clause 20 inserted: Gazette 29 Jun 2012 p. 2935; amended: SL 2024/3 cl. 5.]\n\n[**21, 22.** Deleted: SL 2023/80 cl. 8.]\n\n##### 23. Exemption for CSBP — Kwinana manufacturing facility\n\n(1) In this clause —\n\nCSBP means CSBP Limited (ABN 81 008 668 371);\n\nKwinana site means Lot 20 on Diagram 78086 being the whole of the land comprised in Certificate of Title Volume 1918 Folio 244.\n\n(2) CSBP is exempt from the *Electricity Industry Act 2004* section 7(1) in relation to the operation of generating works on the Kwinana site.\n\n[Clause 23 inserted: Gazette 15 May 2015 p. 1721.]\n\n[**24.** Deleted: SL 2023/80 cl. 9.]\n\n##### 25. Exemptions for Eastern Metropolitan Regional Council: supply to Perth Airport\n\n(1) In this clause —\n\nEastern Metropolitan Regional Council means Eastern Metropolitan Regional Council (ABN 89 631 866 056);\n\nHazelmere means Hazelmere Resource Recovery Park, 77 Lakes Road, Hazelmere, Western Australia;\n\nPerth Airport means Lot 100 on Plan 6619 being the whole of the land comprised in certificate of title volume 2124 folio 980;\n\nPerth Airport Pty Ltd means Perth Airport Pty Ltd (ABN 24 077 153 130).\n\n(2) Eastern Metropolitan Regional Council is exempt from the *Electricity Industry Act 2004* section 7(3) in relation to the construction and operation of a distribution system used or to be used solely for the transportation of electricity from Hazelmere to Perth Airport.\n\n(3) Eastern Metropolitan Regional Council is exempt from the *Electricity Industry Act 2004* section 7(4) in relation to the sale to Perth Airport Pty Ltd of electricity transported through the distribution system referred to in subclause (2).\n\n[Clause 25 inserted: Gazette 23 Dec 2016 p. 5899‑900.]\n\n##### 26. Exemption for certain connections to internet networks\n\n(1) In this clause —\n\ninternet network means a network, comprised at least in part by fibre optic cable, used or to be used for providing access to the internet.\n\n(2) A person is exempt from the *Electricity Industry Act 2004* section 7(3) if the distribution system concerned is used or to be used for the transportation of electricity from a property to one or more components of a connection between an internet network and the property.\n\n[Clause 26 inserted: Gazette 22 Aug 2017 p. 4502.]\n\n##### 27. Exemption for Woodside Energy — Mt Wongama communications facility\n\n(1) In this clause —\n\nMt Wongama communications facility means the communication facility located on Lot 194 on Deposited Plan 216682;\n\nWoodside Energy means Woodside Energy Ltd (ABN 63 005 482 986).\n\n(2) Woodside Energy is exempt from the *Electricity Industry Act 2004* section 7(3) in relation to the operation of a distribution system used solely for the transport of electricity from the Karratha Gas Plant to the Mt Wongama communication facility.\n\n[Clause 27 inserted: Gazette 6 Sep 2019 p. 3196.]\n\n##### 28. Exemption for Pilbara Energy Company — Pilbara Energy Connection\n\n(1) In this clause —\n\nPilbara Energy Company means Pilbara Energy Company Pty Ltd (ACN 624 732 878).\n\n(2) Pilbara Energy Company is exempt from the *Electricity Industry Act 2004* section 7(2) in relation to the construction and operation of the Pilbara Energy Connection.\n\n[Clause 28 inserted: SL 2020/83 cl. 5; amended: SL 2020/180 cl. 5.]\n\n##### 29. Exemption for generating works connecting to Pilbara Energy Connection\n\nThe following are exempt from the *Electricity Industry Act 2004* section 7(1) in relation to the construction and operation of generating works that connect to, or will connect to, the Pilbara Energy Connection —\n\n(a) Pilbara Energy (Generation) Pty Ltd (ACN 631 303 305);\n\n(b) FMG Solomon Pty Ltd (ACN 128 959 179).\n\n[Clause 29 inserted: SL 2020/180 cl. 6.]\n\n##### 30. Exemption for sale of electricity — Pilbara Energy Connection\n\n(1) In this clause —\n\nFMG entity means —\n\n(a) Fortescue Metals Group Ltd (ACN 002 594 872); and\n\n(b) a body corporate that is related to Fortescue Metals Group Ltd (ACN 002 594 872) under the *Corporations Act 2001* (Commonwealth) section 50.\n\n(2) An FMG entity is exempt from the *Electricity Industry Act 2004* section 7(4) in relation to the sale of electricity transported, or to be transported, by the Pilbara Energy Connection to —\n\n(a) IB Operations Pty Ltd (ACN 165 513 557); or\n\n(b) another FMG entity.\n\n[Clause 30 inserted: SL 2022/44 cl. 4.]\n\nSchedule 1A — Aboriginal communities in relation to which Regional Power Corporation temporarily exempt\n\n[cl. 7A]\n\n[Heading inserted: SL 2023/80 cl. 10.]\n\nTable\n\n|  | **Aboriginal community** |\n| --- | --- |\n| 1. | Barrel Well |\n| 2. | Baulu‑Wah (Violet Valley) |\n| 3. | Bawoorrooga |\n| 4. | Bidan |\n| 5. | Billard |\n| 6. | Biridu |\n| 7. | Bow River |\n| 8. | Budgarjook (Red Soil) |\n| 9. | Bulgin |\n| 10. | Burrguk (Banana Wells) |\n| 11. | Burringurrah |\n| 12. | Chile Creek |\n| 13. | Cockatoo |\n| 14. | Cockatoo Springs |\n| 15. | Cosmo Newberry |\n| 16. | Crocodile Hole (Rugan) |\n| 17. | Djarajung (Cygnet Bay) |\n| 18. | Djugarargyn |\n| 19. | Djugerari |\n| 20. | Djulbard |\n| 21. | Dodnun |\n| 22. | Embalgun |\n| 23. | Four Mile |\n| 24. | Frazier Downs |\n| 25. | Galamunda |\n| 26. | Galeru Gorge |\n| 27. | Ganinyi |\n| 28. | Geboowama |\n| 29. | Gnylmarung |\n| 30. | Goojarr Goonyool |\n| 31. | Goolarrgon |\n| 32. | Goombading (Djunbid) |\n| 33. | Goombaragin |\n| 34. | Gulberang |\n| 35. | Gullaweed |\n| 36. | Gumbarnum |\n| 37. | Gurrbalgun Urrma (Pender Bay) |\n| 38. | Imintji |\n| 39. | Innawonga |\n| 40. | Jameson |\n| 41. | Jarlmadangah Burru |\n| 42. | Jigalong |\n| 43. | Jimbalakudunj |\n| 44. | Jimbilum |\n| 45. | Jinparinya |\n| 46. | Jundaru |\n| 47. | Kadjina |\n| 48. | Kandiwal |\n| 49. | Karalundi |\n| 50. | Kardaloo (Wandanooka) |\n| 51. | Kiwirrkurra |\n| 52. | Koorabye |\n| 53. | Kunawarritji |\n| 54. | Kupartiya |\n| 55. | Kupungarri |\n| 56. | Kurrawang |\n| 57. | Kutkububba |\n| 58. | La Djardarr Bay |\n| 59. | Maddar |\n| 60. | Mandangala |\n| 61. | Marta Marta |\n| 62. | Middle Lagoon (Wulgarding) |\n| 63. | Milargoon |\n| 64. | Mimbi |\n| 65. | Mindibungu |\n| 66. | Mingalkala |\n| 67. | Mingullatharndo |\n| 68. | Molly Springs |\n| 69. | Moongardie |\n| 70. | Mount Margaret |\n| 71. | Mulan |\n| 72. | Mulga Queen |\n| 73. | Muludja |\n| 74. | Munget |\n| 75. | Ngalingkadji |\n| 76. | Ngallagunda |\n| 77. | Ngumpan |\n| 78. | Ngurawaana |\n| 79. | Ngurtuwarta |\n| 80. | Nygah Nygah |\n| 81. | Pandanus Park |\n| 82. | Papulankutja (Blackstone) |\n| 83. | Parnngurr |\n| 84. | Patjarr |\n| 85. | Pia Wadjarri |\n| 86. | Pullout Springs (Girriyoowa) |\n| 87. | Punju Njamal |\n| 88. | Punmu |\n| 89. | RB Junction |\n| 90. | Ringer Soak |\n| 91. | Rollah |\n| 92. | Tappers Inlet |\n| 93. | Tirralintji |\n| 94. | Tjirrkarli |\n| 95. | Tjukurla |\n| 96. | Tjuntjuntjara |\n| 97. | Wakathuni |\n| 98. | Wanamulnyundong |\n| 99. | Wanarn |\n| 100. | Wangkatjungka |\n| 101. | Warakurna |\n| 102. | Warburton |\n| 103. | Warralong |\n| 104. | Weymul |\n| 105. | Windidda |\n| 106. | Wingellina |\n| 107. | Wirrimanu (Balgo) |\n| 108. | Woolah (Doon Doon) |\n| 109. | Woolergerberleng |\n| 110. | Wurreranginy (Frog Hollow) |\n| 111. | Yakanarra |\n| 112. | Yandeyarra |\n| 113. | Yirralalem |\n| 114. | Yiyili |\n| 115. | Youngaleena |\n| 116. | Yulga Jinna |\n| 117. | Yulmbu |\n\n\n[Schedule 1A inserted: SL 2023/80 cl. 10.]\n\nSchedule 1 — Depiction of EDL NGD (WA) exempt distribution system\n\n[cl. 18]\n\n[Heading inserted: Gazette 9 Oct 2009 p. 3994.]\n\n**EDL NGD (WA) — HV Cabling Route**\n\n![EGL Map1]()\n\n[Schedule 1 inserted: Gazette 9 Oct 2009 p. 3994.]\n\n[Schedule 2 deleted: SL 2023/80 cl. 11.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Electricity Industry Exemption Order 2005* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Electricity Industry Exemption Order 2005* | 9 Dec 2005 p. 5878-84 | 1 Jan 2006 (see cl. 2) |\n| *Electricity Industry Exemption Amendment Order 2006* | 31 Mar 2006 p. 1158-9 | 1 Apr 2006 (see cl. 2) |\n| *Electricity Industry Exemption Amendment Order (No. 2) 2006* | 27 Jun 2006 p. 2285-7 | 1 Jul 2006 (see cl. 2) |\n| *Electricity Industry Exemption Amendment Order (No. 3) 2006* | 27 Jun 2006 p. 2287-8 | 1 Jul 2006 (see cl. 2) |\n| *Electricity Industry Exemption Amendment Order 2007* | 11 Jan 2008 p. 101-3 | cl. 1 and 2: 11 Jan 2008 (see cl. 2(a));   Order other than cl. 1 and 2: 12 Jan 2008 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order (No. 2) 2009* | 8 May 2009 p. 1497-9 | cl. 1 and 2: 8 May 2009 (see cl. 2(a));   Order other than cl. 1 and 2: 9 May 2009 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order 2009* | 9 Oct 2009 p. 3992-4 | cl. 1 and 2: 9 Oct 2009 (see cl. 2(a));   Order other than cl. 1 and 2: 10 Oct 2009 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order 2012* | 29 Jun 2012 p. 2933‑6 | cl. 1 and 2: 29 Jun 2012 (see cl. 2(a));   Order other than cl. 1 and 2: 30 Jun 2012 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order (No. 2) 2012* | 14 Dec 2012 p. 6198‑9 | cl. 1 and 2: 14 Dec 2012 (see cl. 2(a));   Order other than cl. 1 and 2: 15 Dec 2012 (see cl. 2(b)) |\n| *Electricity Corporations (Consequential Amendments) Regulations 2013* r. 10 | 27 Dec 2013 p. 6469-79 | 1 Jan 2014 (see r. 2(c) and *Gazette* 27 Dec 2013 p. 6465) |\n| *Electricity Industry Exemption Amendment Order 2014* | 17 Oct 2014 p. 4003 | cl. 1 and 2: 17 Oct 2014 (see cl. 2(a));   Order other than cl. 1 and 2: 18 Oct 2014 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order 2015* | 15 May 2015 p. 1720‑1 | cl. 1 and 2: 15 May 2015 (see cl. 2(a));   Order other than cl. 1 and 2: 16 May 2015 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order (No. 2) 2015* | 26 Jun 2015 p. 2253‑4 | cl. 1 and 2: 26 Jun 2015 (see cl. 2(a));   Order other than cl. 1, 2 and 6: 27 Jun 2015 (see cl. 2(c));   cl. 6: 1 Jul 2015 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order (No. 3) 2015* | 8 Sep 2015 p. 3719 | cl. 1 and 2: 8 Sep 2015 (see cl. 2(a));   Order other than cl. 1 and 2: 9 Sep 2015 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order 2016* | 8 Jan 2016 p. 19‑20 | cl. 1 and 2: 8 Jan 2016 (see cl. 2(a));   Order other than cl. 1 and 2: 9 Jan 2016 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order (No. 2) 2016* | 23 Dec 2016 p. 5894‑900 | cl. 1 and 2: 23 Dec 2016 (see cl. 2(a));   cl. 5: 24 Dec 2016 (see cl. 2(b) and *Gazette* 23 Dec 2016 p. 5900);   Order other than cl. 1, 2 and 5: 24 Dec 2016 (see cl. 2(c)) |\n| *Electricity Industry Exemption Amendment Order (No. 2) 2017* | 22 Aug 2017 p. 4501‑2 | cl. 1 and 2: 22 Aug 2017 (see cl. 2(a));   Order other than cl. 1 and 2: 23 Aug 2017 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order (No. 2) 2018* | 26 Jun 2018 p. 2360 | cl. 1 and 2: 26 Jun 2018 (see cl. 2(a));   Order other than cl. 1 and 2: 27 Jun 2018 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order (No. 4) 2018* | 26 Jun 2018 p. 2361 | cl. 1 and 2: 26 Jun 2018 (see cl. 2(a));   Order other than cl. 1 and 2: 27 Jun 2018 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order (No. 5) 2018* | 29 Jun 2018 p. 2434‑5 | cl. 1 and 2: 29 Jun 2018 (see cl. 2(a));   Order other than cl. 1 and 2: 30 Jun 2018 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order 2018* | 25 Sep 2018 p. 3557‑9 | cl. 1 and 2: 25 Sep 2018 (see cl. 2(a));   Order other than cl. 1 and 2: 23 Oct 2018 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order (No. 2) 2019* | 6 Sep 2019 p. 3196 | cl. 1 and 2: 6 Sep 2019 (see cl. 2(a));   Order other than cl. 1 and 2: 7 Sep 2019 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order 2020* | SL 2020/83 19 Jun 2020 | cl. 1 and 2: 19 Jun 2020 (see cl. 2(a));   Order other than cl. 1 and 2: 20 Jun 2020 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order (No. 2) 2020* | SL 2020/180 25 Sep 2020 | cl. 1 and 2: 25 Sep 2020 (see cl. 2(a));   Order other than cl. 1 and 2: 26 Sep 2020 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order 2021* | SL 2021/67 4 Jun 2021 | cl. 1 and 2: 4 Jun 2021 (see cl. 2(a));   Order other than cl. 1 and 2: 5 Jun 2021 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order 2022* | SL 2022/44 25 Mar 2022 | cl. 1 and 2: 25 Mar 2022 (see cl. 2(a));   Order other than cl. 1 and 2: 26 Mar 2022 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order (No. 2) 2022* | SL 2022/171 21 Oct 2022 | cl. 1 and 2: 21 Oct 2022 (see cl. 2(a));   Order other than cl. 1 and 2: 22 Oct 2022 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order 2023* | SL 2023/80 20 Jun 2023 | cl. 1 and 2: 20 Jun 2023 (see cl. 2(a));   Order other than cl. 1 and 2: 21 Jun 2023 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order 2024* | SL 2024/3 10 Jan 2024 | cl. 1 and 2: 10 Jan 2024 (see cl. 2(a));   Order other than cl. 1 and 2: 11 Jan 2024 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order (No. 2) 2024* | SL 2024/85 29 May 2024 | cl. 1 and 2: 29 May 2024 (see cl. 2(a));   Order other than cl. 1 and 2: 30 May 2024 (see cl. 2(b)) |\n| *Electricity Industry Exemption Amendment Order (No. 3) 2024* | SL 2024/182 4 Sep 2024 | cl. 1 and 2: 4 Sep 2024 (see cl. 2(a));   Order other than cl. 1 and 2: 5 Sep 2024 (see cl. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nAboriginal community 3A\n\nAboriginal community premises 7(1)\n\nappropriately qualified medical practitioner 6A(1)\n\nBeros Road property 20(1)\n\nBlair Fox 20(1)\n\nChatfield Clarke Road property 20(1)\n\ncode provision 11(1)\n\ncommencement day 6A(1)\n\nconnection point 3(1)\n\ncontact details 6A(1)\n\nCSBP 23(1)\n\nDBNGP corridor 12(1)\n\nDBNGP Transmission 12(1)\n\nDeposited Plan 3A\n\nEastern Metropolitan Regional Council 25(1)\n\nelectricity reticulation system 6(1)\n\nelectric vehicle 19(1)\n\nEucla 15(1)\n\nexempt supplier 6(1), 6A(1)\n\nFMG entity 30(1)\n\nFremantle Port Authority 14(1)\n\nHazelmere 25(1)\n\ninternet network 26(1)\n\nKarakin Wind Farm 20(1)\n\nKwinana site 23(1)\n\nlife support equipment 6A(1)\n\nMt Wongama communications facility 27(1)\n\nnon-residential property 3A\n\noccupier 6(1)\n\nPEP Agreement 8(1)\n\nPerth Airport 25(1)\n\nPerth Airport Pty Ltd 25(1)\n\nPilbara Energy Company 28(1)\n\nPilbara Energy Connection 3A\n\nproperty 3A\n\nregistered property 6A(1)\n\nrelevant Aboriginal community premises 7A(1)\n\nrelevant agreement 10(1)\n\nresidential property 3A\n\nretailer 6(1)\n\nsupplier 4A(1) and (2), 4B\n\nsupply address 6A(1)\n\nSWIS 3A\n\nWoodside Energy 27(1)\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since enactment the Order’s scope has expanded from general small‑generator and onsite exemptions to include many project‑specific and technology‑specific exemptions (examples: 100 MW cap cl.3; EV charging cl.19; Pilbara Energy Connection cl.28–30; detailed Aboriginal community list and temporary Regional Power Corporation exemption cl.7A and Schedule 1A). Additional operational conditions were layered in (fee caps cl.6, life‑support duties cl.6A, technical and code compliance cl.11 and cl.17). These changes are reflected in the compilation table of amendments."},"complexity_factors":["Large number of entity‑ and location‑specific exemptions (eg. clauses 13, 14, 18, 20, 23, 25, 27, 28–30).","Cross‑references to multiple external instruments and codes (Electricity Industry Act 2004, Metering Code 2012, Network Quality and Reliability Code, Access Code, various By‑laws and Regulations).","Different conditions attached to different exemptions (fee caps cl.6, life‑support register cl.6A, technical rule compliance cl.17, modified code obligations cl.11).","Temporal limits and expiries for selected exemptions (eg. EV charging cl.19 expiry; temporary Aboriginal exemptions cl.7A expire 31 Dec 2031).","Inclusion of mapped and deposited‑plan‑based geographic depictions (Schedule 1; Deposited Plan definitions).","Frequent amendments across many years (compilation table) producing layered changes and deleted provisions, increasing interpretive burden.","Mixture of broad class exemptions (eg. ≤100 MW cl.3) and narrowly tailored commercial arrangements (eg. Pilbara, FMG cl.30), requiring different legal analyses."],"plain_english_summary":"This order creates specific exemptions from licensing requirements in the Electricity Industry Act 2004 so certain generators, transmission and distribution arrangements need not hold standard licences (see cl.3, cl.4, cl.7). It affects plant operators, on‑site suppliers, project proponents (eg. Pilbara projects cl.28–30), Aboriginal communities (cl.7, 7A) and electric vehicle charging (cl.19). Exempt suppliers can charge customers but fees and metering, life‑support protections and technical conditions are imposed (see cl.6, cl.3(3), cl.6A). It replaces licence costs with compliance duties and record‑keeping."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original scope. It began as a general exemption framework for small generators and on-supply arrangements but has evolved into a complex registry of specific corporate exemptions for major mining companies (Fortescue Metals Group, BHP-related entities under State Agreements), specific infrastructure projects (Pilbara Energy Connection, DBNGP corridor), and named individual companies (Blair Fox, CSBP, Woodside, etc.). The original intent appears to have been creating categories of exempt activities, but it has become a vehicle for ad-hoc exemptions for specific commercial entities and projects, effectively creating a two-tier system where some players get bespoke legislative treatment."},"complexity_factors":["30 clauses with numerous sub-clauses and nested conditions","47 defined terms in the interpretation section (clause 3A and throughout)","Extensive cross-referencing to other legislation including the Electricity Industry Act 2004, multiple State Agreement Acts, Aboriginal Communities Act 1979, and various Codes and By-laws","Multiple conditional exemptions with specific geographic boundaries (e.g., DBNGP corridor, Eucla, specific mining tenements for Pilbara Energy Connection)","Sunset clauses with different expiry dates (EV charging expires 2027, Aboriginal community temporary exemptions expire 2031)","Complex consumer protection conditions in clauses 6 and 6A with multiple sub-paragraphs and notification requirements","Schedule 1A containing a table of 117 specific Aboriginal communities with individual naming variations","Numerous amendments over 19 years (2005-2024) creating a patchwork of inserted, deleted, and modified clauses with inconsistent numbering (e.g., clauses 3, 3A, 3B, 4, 4A, 4B, then jumping to 6)","Specific named entity exemptions requiring verification of ABNs/ACNs and precise land descriptions (Deposited Plan numbers, Lot numbers)"],"plain_english_summary":"This Western Australian law creates a long list of exceptions to the main electricity licensing rules. Normally, you need a licence to generate electricity, operate transmission or distribution networks, or sell electricity to customers. This Order says certain people and activities don't need those licences.\n\n**Who gets exemptions?**\n- **Small generators**: Anyone building or running power plants of 100 MW or less at each connection point.\n- **On-site suppliers**: Businesses generating power on their own non-residential property and selling it to tenants or other users on the same property.\n- **Aboriginal communities**: Special rules allowing unlicensed supply to remote Indigenous communities, with temporary exemptions for the government-owned Regional Power Corporation until 2031.\n- **Major mining projects**: Companies operating under specific State Agreement Acts (like Hamersley Range, Mount Newman, and Robe River iron ore agreements) are exempt from licensing for their electricity operations.\n- **Specific companies**: Named entities like Fremantle Port Authority, EDL NGD (WA), Blair Fox (wind farms), CSBP (Kwinana), Eastern Metropolitan Regional Council (supplying Perth Airport), Woodside Energy, and Pilbara Energy Company.\n- **Electric vehicle charging**: Temporary exemption until 30 June 2027 for EV charging stations.\n- **Short distribution lines**: Distribution systems under 1 km connecting to non-SWIS networks.\n\n**Key protections for consumers**\nWhere exemptions apply to residential properties (mainly through \"on-supply\" arrangements), the law imposes conditions:\n- **Price caps**: Exempt suppliers cannot charge residential customers more than the government-owned utility would charge.\n- **Life support equipment**: Strict rules requiring exempt suppliers to register properties where residents depend on life-support equipment, give 48 hours notice before power cuts, and never disconnect for non-payment.\n- **Transparency**: Suppliers must provide clear information about quantities supplied and fees charged.\n\n**Why it matters**\nThis Order allows Western Australia to have a flexible electricity market where small players, remote communities, and major resource projects can operate without the burden of full licensing, while maintaining basic consumer protections for vulnerable residential customers caught in these arrangements."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. No comparison between original intent and final form is possible from the information provided."},"complexity_factors":["Legislation text is entirely unavailable — only a broken page notice was provided","No substantive provisions, definitions, or operative clauses can be assessed","Complexity of the underlying instrument cannot be determined from title alone","Delegated legislation (orders/regulations) can vary widely in complexity depending on scope"],"plain_english_summary":"The Electricity Industry Exemption Order 2005 (WA) is a delegated instrument made under the Electricity Industry Act 2004 that—based on its title—would exempt specified persons, businesses or activities from ordinary regulatory or licensing obligations in Western Australia’s electricity sector. It potentially affects generators, network operators, retailers or consumers by narrowing who must comply with standard rules, so it matters for who is regulated and how."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-industry-exemption-order-2005","history":"/api/acts/electricity-industry-exemption-order-2005/history","analysis":"/api/acts/electricity-industry-exemption-order-2005/analysis","conflicts":"/api/acts/electricity-industry-exemption-order-2005/conflicts","importantCases":"/api/acts/electricity-industry-exemption-order-2005/important-cases","documents":"/api/acts/electricity-industry-exemption-order-2005/documents"}}