{"id":"F2019L00584","name":"National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Hamersley) Notice 2019","slug":"national-transmission-network-sale-exemption-from-restrictions-on-transfer-of-assets-hamersley-notic","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99197,"registerId":"commonwealth-F2019L00584-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Hamersley) Notice 2019.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after it is registered.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 18(6) of the National Transmission Network Sale Act 1998.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  In this instrument:\n\n> Act means National Transmission Network Sale Act 1998.\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) asset.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Exemption","content":"#### 5 Exemption\n\n  For the purposes of subsection 18(5) of the Act, the following asset is exempted from the operation of section 18 of the Act:\n    (a) Lot 802 on Deposited Plan 413932 being the land in Certificate of Title Volume 2959 Folio 715;\n  being land situated at 179 Erindale Road, Hamersley, Western Australia that is part of the land that was identified as site number 6028 (Hamersley) in Part 1 of Schedule A to the declaration made under subsections 9(1) and (2) of the Act dated 27 April 1999 and published in the Gazette on 29 April 1999.","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument narrows the statutory scope by removing Lot 802 on DP 413932 (179 Erindale Road) from the operation of section 18 of the Act (exemption stated in s5). It was made under subsection 18(6) of the Act (authority recorded in s3), thereby altering which assets the transfer restrictions apply to: decision-making discretion under s18(6) produces a carve-out for that parcel, shifting transfer permissions and compliance consequences away from the Act's default coverage for that site."},"complexity_factors":["Very narrow scope — single identified parcel is exempted (instrument s5).","Relies on cross-references to the Act (subsection 18(5) and 18(6)) rather than standalone rules (authority: s3; operation: s5).","Precise cadastral identification required (Lot/DP/Certificate of Title language) which makes legal certainty straightforward but technically specific (s5).","Depends on historical declaration and schedule linkage (references site number 6028 and the 1999 declaration), adding a minor documentary lookup requirement (s5).","Immediate commencement on registration reduces timing complexity (s2)."],"plain_english_summary":"**What this does:** This Notice removes a single Hamersley land parcel (Lot 802 on DP 413932, 179 Erindale Road) from the operation of section 18 of the National Transmission Network Sale Act 1998, creating a statutory exemption. \n\nWho it affects and why it matters: The property's owner and any prospective transferees are able to transfer that specific asset without the restrictions otherwise imposed by s18; the exemption was made under subsection 18(6) of the Act and narrows the Act’s reach for that site."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, specific function contemplated by its enabling legislation. Section 18(6) of the National Transmission Network Sale Act 1998 explicitly provides for exemptions from transfer restrictions, and this Notice exercises that power for a single identified asset. There is no evidence of scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Extremely short instrument — only 5 sections and 1 substantive provision","Only 1 defined term ('Act') in the instrument itself, with a note referring to external definitions","Single, unambiguous exemption with no conditions, exceptions, or nested logic","Precise land identification using standard Western Australian title references (Deposited Plan, Certificate of Title, Volume/Folio)","No cross-references beyond the empowering provision (subsection 18(6)) and the provision being exempted (section 18)","No temporal limitations, review mechanisms, or ongoing compliance obligations"],"plain_english_summary":"This is a very specific, technical legal instrument that does one simple thing: **it allows a particular piece of land in Hamersley, Western Australia to be sold or transferred without the usual restrictions that normally apply to assets from Australia's former national electricity transmission network.**\n\n**Background:** In 1998, the Australian Government sold off the national electricity transmission network (the poles and wires that carry high-voltage electricity across state borders). The **National Transmission Network Sale Act 1998** put special rules on how the new owners could on-sell these assets, to protect Australia's energy security and ensure the network stayed in reliable hands.\n\n**What this Notice does:**\n- It creates an **exemption** (a legal 'free pass') for one specific property\n- The property is at **179 Erindale Road, Hamersley, Western Australia** — a suburb in Perth\n- This land was originally part of the national transmission network assets sold in 1999\n- Normally, section 18 of the Act restricts how these assets can be transferred to new owners\n- This Notice removes those restrictions **just for this one block of land**\n\n**Why it matters:**\n- The land can now be bought and sold freely, like any normal commercial property\n- Without this exemption, any sale would need government approval or meet special conditions\n- This likely reflects that the land is no longer needed for critical electricity infrastructure, or has been repurposed\n\n**Who it affects:**\n- The current owner of this specific property (likely an electricity company or its successor)\n- Any future buyer of the land\n- The Western Australian land titles system"}},"importantCases":[],"_links":{"self":"/api/acts/national-transmission-network-sale-exemption-from-restrictions-on-transfer-of-assets-hamersley-notic","history":"/api/acts/national-transmission-network-sale-exemption-from-restrictions-on-transfer-of-assets-hamersley-notic/history","analysis":"/api/acts/national-transmission-network-sale-exemption-from-restrictions-on-transfer-of-assets-hamersley-notic/analysis","conflicts":"/api/acts/national-transmission-network-sale-exemption-from-restrictions-on-transfer-of-assets-hamersley-notic/conflicts","importantCases":"/api/acts/national-transmission-network-sale-exemption-from-restrictions-on-transfer-of-assets-hamersley-notic/important-cases","documents":"/api/acts/national-transmission-network-sale-exemption-from-restrictions-on-transfer-of-assets-hamersley-notic/documents"}}