The Act defines several foundational concepts in section 4(1). “Energy” is cast broadly to include electrical, hydro-electrical, chemical, thermal, tidal, nuclear, or solar energy and all other kinds of energy however derived, and the term extends to comprise the source or sources of any such energy. “Energy operator” is defined by reference to electricity corporations established under the Electricity Corporations Act 2005 section 4(1) and to persons included in references under the Energy Coordination Act 1994 or prescribed provisions of the Electricity Industry Act 2004. “Works” includes any works, excavation, construction, or thing used or intended to be used for the purposes of a supply system or undertaking, while “supply system” may include generating works, distribution works, and service apparatus pertaining thereto. “Distribution works” means any works, apparatus, or system utilised or capable of being or intended to be utilised for transmitting or distributing energy to consumers, including any other equipment or plant used in conjunction. “Generating works” covers all works, apparatus, or systems used for production or generation of energy, including land, buildings, and structures, up to the point at which transmission or distribution commences. A further key concept is “system emergency”, defined in section 57(1) as any event or circumstance arising in relation to a distribution system that affects the ability to maintain supply and where life or property may be endangered, or the normal operation of the system must be interrupted, or capacity is insufficient.

The Act also creates a unique regime for “estates and interests in land” under sections 36 and 37. Section 36 provides that a reference to land extends to any portion, subsoil, surface, or airspace and to any legal or equitable estate, right, title, easement, lease, licence, privilege, or other interest in, over, under, or affecting that land, including interests not recognised at common law. Section 37 allows the operator to acquire only a partial interest less than the whole of the grantor’s interest, and that interest enures for the benefit of the operator and runs with the land despite any sale or subdivision. The operator may also use “abbreviated descriptions” for frequently occurring kinds of interests under section 38, subject to regulations approved by the Minister administering the Transfer of Land Act 1893.

The concept of “acquisition” is defined to include taking or resumption (section 4(1)), and section 45 provides that the operator is not liable to pay compensation for the mere placing of works (section 43(1)) or for loss of amenity or aesthetic change (section 45(2)). Instead, compensation is limited to physical damage under section 120 or where the operator elects to acquire an interest under Part 10 of the Land Administration Act 1997.

The Act directly affects energy operators, being the electricity corporations (such as Western Power Corporation and Horizon Power) and any other person included by regulation under the Energy Coordination Act 1994 or the Electricity Industry Act 2004. These operators are the holders of the extensive powers to enter land, construct works, acquire interests, and manage supply. Consumers of energy are also directly affected: persons who occupy premises supplied with energy are deemed to be the consumer under section 62(2) and are liable for charges. Section 67A imposes liability on the occupier (or, if the occupier is not notified, the owner) for damage to service apparatus placed on premises. Landowners and occupiers are affected by the operator’s broad powers of entry under sections 46 and 49, which may be exercised with notice or, in emergencies, without notice under sections 48 and 57. The Act imposes a duty on the occupier of land to fell or lop vegetation that interferes with a supply system (section 54(1)), and if the occupier fails to do so, the operator may enter and clear the vegetation and recover the cost if the vegetation was planted or cultivated (section 54(2) and (3)). Government departments and local governments are affected in several ways. Section 6 binds the Crown to a limited extent and provides a dispute-resolution mechanism: any question between an operator and a government department is to be resolved through consultation between the responsible Minister and the Minister charged with the administration of this Act, and ultimately by the Governor (section 6(2) and (3)). Local governments are similarly subject to this mechanism, and they also have specific duties under section 52 to notify the operator of changes to street levels or widths and to indemnify the operator for costs if they fail to give the required 21 days’ notice. Persons who interfere with supply systems or apparatus are affected by the criminal offence provisions in sections 74 to 81, which impose fines and imprisonment. Finally, any person who makes a claim for compensation under section 45 is affected by the limitation that a claim may only be made once and that no further claim lies for subsequent works unless the original claim did not take into account the nature of the later damage (section 45(6)).

The Act confers a wide set of rights on energy operators and imposes corresponding duties on operators, consumers, and landowners.

Rights of energy operators. The operator may enter any land or premises without consent after serving due notice (section 46(2)), and in emergencies under section 48 the operator may enter immediately without notice or warrant. Section 49 lists general powers: to survey land, take levels, dig, fell trees, set up beacons, sink bores, take soil samples, and to lay down and operate any supply system in, over, under, or through any land. The operator may also break and excavate soil, use water, make watercourses, remove buildings, and affix apparatus to buildings (section 49(c) and (d)). The operator may acquire land or interests either by agreement or compulsorily under Part 9 of the Land Administration Act 1997 as read with section 45. Under section 42, the operator may use waters to which the Water Agencies (Powers) Act 1984 applies.

Duties of energy operators. The operator must do as little damage as possible when exercising powers, and must pay adequate compensation for or make good physical damage under section 120. When opening or breaking up a street, the operator must reinstate the surface with all convenient speed and keep the site guarded and lit at night (section 53). The operator must notify the owner or occupier at least 5 days before exercising powers where practicable (section 46(11)), and must give notice of entry and works after an unannounced emergency entry (section 46(14) and section 48(3)). The operator may be required to acquire land for generating works and certain high-voltage transmission lines under section 45(4), unless the land is Crown or local government land (section 45(15)). The operator must review any capital contribution agreements under section 61 every 3 years and may refund part of the contribution (section 61(3)).

Rights of consumers and landowners. Consumers have a right to require a meter test on payment of a prescribed fee (section 66(1)). If the meter is found to exceed error limits, the fee is refunded and the account adjusted (section 66(3) and (4)). Landowners or occupiers may object to a proposed compulsory acquisition by requesting a partial interest be taken or the whole interest be taken (section 45(12)). They are entitled to claim compensation for physical damage under section 120, but not for loss of amenity or aesthetic change (section 45(2)).

Duties of consumers and landowners. The occupier must pay all charges due under section 62(1), and must give 5 days’ notice before vacating premises to avoid liability for a subsequent occupier’s charges (section 62(4)). The occupier must not interfere with meters or service apparatus (section 67 and 67A). The occupier must also fell or lop vegetation that obstructs a supply system (section 54(1)). Landowners must allow entry by the operator for inspection and works; failure to provide access or assistance may be treated as obstruction under section 79.

The Act establishes a tiered enforcement system. The most serious offence is malicious damage to a supply system or other undertaking under section 74(1), which is a crime and carries a maximum penalty of imprisonment for 10 years on indictment. A person who unlawfully and maliciously destroys or damages any such thing, or interrupts transmission, or attempts to do so, is guilty. Section 74(2) permits any officer or servant of the operator or any other person with reasonable grounds to apprehend the offender without warrant and deliver the person to a police officer.

For less serious but still wilful conduct, section 75 creates offences punishable by a fine not exceeding $2,000. This includes altering or defacing survey marks, damaging lights or barriers, interrupting supply, removing or defacing operator notices, affixing posters without approval, and wilfully or negligently damaging any part of a supply system. Section 75(3) contains a deeming provision: where a person destroys or damages something in or under a street, they are deemed to have acted negligently unless they show they made reasonable prior inquiry from the operator about the location of the system.

Unlawful entry on the operator’s lands or structures is an offence under section 76, punishable by a fine not exceeding $2,000, and the operator may use reasonably necessary force to remove the person. Obstruction of the operator or an inspector is an offence under section 79, also punishable by a fine not exceeding $2,000. Failure to furnish required access, assistance, or information is deemed wilful obstruction (section 79(2)), subject to the privilege against self-incrimination under section 69.

Circumventing meters is dealt with under section 67(1): an unauthorised person who alters the meter, prevents it from registering, causes it to register incorrectly, interferes with seals, or obtains a supply by circumventing the meter is guilty of an offence. The penalty is $2,000 and imprisonment for 9 months. Section 67(4) creates a reverse evidential burden: if means enabling the offence are present in or about the service apparatus and the alleged offender is the person liable for charges, an inference arises that the offence was committed by that person, but the alleged offender may rebut the inference. Upon conviction, the court must order the offender to pay compensation for loss or damage (section 67(2)).

A general penalty of a fine not exceeding $1,000 applies to any other offence under the Act for which no specific penalty is provided (section 81). The limitation period for simple offences is 2 years after the date of the alleged offence (section 85(1)). The malicious damage offence under section 74(1) may be prosecuted at any time (section 85(2)). Bodies corporate may be liable: section 86(3) provides that to establish intention it is sufficient to show that a person concerned in management or an authorised agent had that intention, and section 86(4) deems acts or omissions done by such a person to be done also by the body corporate.

The operator has power to institute proceedings (section 84), and in summary jurisdiction an officer of the operator may represent the operator in all respects. The court may order a convicted person to pay prosecution costs relating to measurement, analysis, or other investigation (section 83).

Section 5(1) is the primary interaction provision. It states that nothing in the Act affects or derogates from the operation of any other Act, or any State agreement that has been ratified or authorised by an Act, insofar as those laws confer rights or powers with respect to energy. However, subsection (2) provides that the operator’s powers may be exercised to the extent they would not be inconsistent with the other Act or agreement. Subsection (3) allows parties to a State agreement to consent to the application of the Act’s provisions notwithstanding subsection (1).

The most extensive interaction is with the Land Administration Act 1997. Section 45(5) provides that where the operator acquires land otherwise than by agreement, the power must be exercised under Parts 9 and 10 of that Act, and compensation is assessed and recovered under those Parts. Section 45(7) deems any entry or acquisition under this Act to be for the purposes of a public work within the meaning of the Public Works Act 1902, and the operator is deemed to be a local authority for that purpose. Section 45(9) allows the operator to exercise any power that the Land Administration Act or Public Works Act vests in the relevant Minister, with the relevant reference being read as a reference to the operator. Section 45(13) provides that land compulsorily acquired vests in the operator on registration of the taking order, by force of section 179 of the Land Administration Act as read with this subsection.

The Act also interacts with the Planning and Development Act 2005. Section 41 allows the operator to submit subdivision plans to the Western Australian Planning Commission for approval even if the operator is not the owner of the land.

Water rights are governed by section 42, which permits the operator to use waters to which the Water Agencies (Powers) Act 1984 applies, subject to causing the least interference with licensees under the Water Services Act 2012 and other statutory authorities.

The Act is also affected by the Dampier to Bunbury Pipeline Act 1997, as noted in the compilation notes: the rights, powers, and privileges given to the operator under this Act do not apply in relation to land in the DBNGP corridor, except that property in works already placed is not affected.

Section 124 allows an electricity corporation to make by-laws, but any such by-law is subject to regulations made by the Governor under section 123, and where there is inconsistency the regulation prevails (section 124(2)). By-laws may prescribe fees and charges, including interest on overdue amounts (section 124(4)(d)(iaa)), and may impose penalties of up to $2,000 for breach (section 124(3)). The by-laws must only relate to electricity and related matters (section 124(1a)). The regulations may prescribe penalties of up to $2,000 for contravention (section 123(2)).

The Act was originally enacted as the State Energy Commission Act 1979 (No. 111 of 1979), assented to 21 December 1979 and commencing 1 February 1980. Its title was changed to the Energy Corporations (Powers) Act 1979 by the Energy Corporations (Transitional and Consequential Provisions) Act 1994 (No. 89 of 1994), which came into operation on 1 January 1995, reflecting the corporatisation of the former State Energy Commission into separate electricity and gas corporations. The current short title, Energy Operators (Powers) Act 1979, was introduced by the Gas Corporation (Business Disposal) Act 1999 (No. 58 of 1999), which came into effect on 1 July 2000 for the main operative sections, and further by sections 90-92 on 16 December 2000. The note under section 1 records these successive short-title changes.

Major substantive amendments include the State Energy Commission Amendment Act 1986 (No. 24 of 1986) which inserted sections 67A and made significant changes to enforcement provisions. The Acts Amendment (Land Administration) Act 1997 (No. 31 of 1997) updated references to the Land Administration Act 1997 throughout, repealing earlier references to the Public Works Act 1902. The Gas Corporation (Business Disposal) Act 1999 made extensive changes to definitions, powers, and transitional arrangements as the gas business was separated from the electricity business. The Electricity Legislation Amendment Act 2004 (No. 33 of 2004) amended sections relating to the definition of “energy operator”, the powers of entry, and the emergency provisions under section 57. The Electricity Corporations Act 2005 (No. 18 of 2005) updated references to the new electricity corporation structure.

More recent amendments include the Electricity Industry Amendment Act 2020 (No. 9 of 2020), which amended section 45(4A) to exclude stand-alone power systems from the requirement to acquire generating works. The Directors’ Liability Reform Act 2023 (No. 9 of 2023) amended section 86 concerning liability of bodies corporate. The most recent commencement before the compilation date is the Electricity Industry Amendment (Distributed Energy Resources) Act 2024 (No. 1 of 2024), Part 2 Division 5 of which commenced on 6 February 2025. There are uncommenced provisions in Part 3 Division 4 of that Act, and also section 492(1) of the Evidence Act 2025 (No. 15 of 2025), which may affect evidentiary provisions.

The Act itself does not name any cases, and no case law is included in the text. The Act provides several provisions that would be relevant in litigation. Section 65 makes a meter reading or a certificate signed by an officer of the operator prima facie evidence of the extent and value of energy supplied. Section 66 provides that a certified test result is prima facie evidence of the meter’s performance. Section 67(4) creates an inference that the person liable for charges at premises where tampering means are present committed the offence, raising a presumption of law that may be rebutted. Section 87 and 88 provide evidentiary shortcuts: production of a copy of the Government Gazette or a certified copy of a regulation or by-law is evidence of due making; production of a certified copy of a notice or document is sufficient proof of its publication or service; and the validity of a notice is not affected by an error that is not misleading in a material particular. Section 121(2) bars an action for personal injury unless the injured person submits to a medical examination requested by the operator within 3 months of proceedings being commenced. Section 122 protects a person from personal liability for acts done in good faith with reasonable and probable cause. Section 78 allows a person to be apprehended without warrant where they refuse to provide their name or provide a false name, and they must be delivered to a police officer. These provisions would be tested in any criminal or civil proceedings under the Act. The compilation notes also reference transitional provisions from the Energy Corporations (Transitional and Consequential Provisions) Act 1994, Part 3, which dealt with the devolution of assets, rights and liabilities from the former State Energy Commission to the new corporations. That Part includes provisions that continue immunities (section 61 of that Act) and save existing contracts and instruments. Litigation may have arisen over the allocation of assets, or over the interpretation of the extent of powers before and after the transition.

Several provisions in the Act contain traps for the unwary practitioner or consumer. First, section 45(1) states that the operator is not liable to pay compensation for any damage attributable to the placing of works under section 43(1) or for the deemed right of access. Section 45(2) expressly excludes any claim for loss of enjoyment, amenity value, or change in aesthetic environment. This means a landowner whose view is obstructed by a transmission tower cannot recover compensation unless physical damage occurs. Second, section 45(6) provides that a claim for compensation may only be made once, and no further claim lies for subsequent works unless the original claim did not take into account the nature of the later damage. This requires careful drafting of any initial compensation agreement.

Third, section 58(2) lists circumstances where the operator is not liable to effect or continue supply, including where the supply would require expenditure the operator is unwilling to incur (subsection (2)(a)), where it would cause waste or undue consumption (subsection (2)(b)), where it would be unsafe (subsection (2)(c)), where installations are non-compliant (subsection (2)(d)), during a system emergency (subsection (2)(e)), or due to any cause other than the operator’s negligence (subsection (2)(f)). Subsection (2)(f) is broad and may be used to avoid liability for supply interruptions caused by third parties or natural events, unless the operator’s own negligence is proven.

Fourth, section 62(4) imposes joint and several liability for unpaid charges on all persons who have occupied premises since the last time the operator was able to ascertain liability or an account was paid, unless the operator is notified of a change of occupancy. A person who moves into premises without checking that past charges are cleared may become liable for arrears they did not incur.

Fifth, section 67(4) creates a reverse onus: if tampering means are found in or about service apparatus and the alleged offender is the person liable for charges, an inference arises that the offence was committed by that person. The court must treat this as a presumption of law, so the accused bears an evidential burden to show the inference should not be drawn.

Sixth, section 75(3) deems a person who damages something in a street to have acted negligently unless they can show they made reasonable prior inquiry from the operator about the whereabouts of the operator’s system. A contractor digging without requesting plans from the operator may be presumed negligent if damage occurs.

Seventh, section 121(2) bars a personal injury action if the plaintiff fails without reasonable excuse to submit to a medical examination nominated by the operator within 3 months of proceedings being commenced. This is a procedural trap that can defeat an otherwise valid claim.

Eighth, section 45(15) exempts Crown and local government land from the requirement to acquire interests under subsection (4). This means an operator may place works on such land without acquiring any interest, but the landowner (the Crown or local government) has no claim for compensation under the Act.

Ninth, section 60 allows the operator to repudiate existing contracts and deem supply to be on the terms of applicable tariffs, with charges recoverable as if no written contract applied. A consumer who has a favourable fixed-price contract may find it overridden.

Tenth, section 62(10) and (11) allow the operator to require security for payment of charges, and if not furnished, the operator may terminate supply. The amount of security is capped by formula, but the operator may require a higher amount for new supplies or where consumption is anticipated to increase. Failure to comply can result in disconnection without a court order.

For energy operators, compliance begins with understanding the scope of their powers and the limitations on them. Before entering any land or premises, the operator must serve due notice under section 46(2) specifying the purpose of entry, unless an emergency (section 48) or a deemed consent situation (section 46(9)) applies. The notice must be served at least 5 days before the power is exercised where practicable (section 46(11)). Where entry is without notice in an emergency, the operator must as soon as practicable give notice of the entry and any works carried out (section 46(14) and section 48(3)). For preliminary inspections to determine feasibility under section 46(10), no notice is required if the operator does not elect to use the Land Administration Act powers, but entry is still subject to reasonableness.

When carrying out works under section 49, the operator must ensure that so far as is reasonable and practicable, the free use of land or streets is not obstructed, works are at a sufficient height to avoid danger, and as little detriment or inconvenience is caused as possible (section 50). Any physical damage caused must be compensated or made good under section 120. The operator must reinstate any street or pavement broken up with all convenient speed and keep the area marked and lit at night (section 53). If the operator alters the position of pipes, sewers, drains, or tunnels under section 49(e), it must take all reasonable steps to notify the authority responsible and comply with section 51.

For compulsory acquisition, the operator must follow the procedures in Parts 9 and 10 of the Land Administration Act 1997 as read with section 45. The operator must first consider whether acquisition by agreement is practicable (section 45(4)), and if not, must serve notices, allow objections, and have compensation assessed under that Act. The operator must also ensure that for generating works and high-voltage transmission lines (200 kV for electricity, 2 MPa for gas), an appropriate interest in the land is acquired unless the land is Crown or local government land (section 45(4) and (15)). When responding to a written objection under section 175(1) of the Land Administration Act, the operator must consult with the Minister (section 45(12)).

For supply and charging, the operator must comply with the metering provisions in sections 64 to 66. Meters must be approved by the operator, and if a consumer requests a test, the operator must conduct it on payment of the prescribed fee. If the meter is found to be out of order, the fee must be refunded and the account adjusted (section 66(3) and (4)). Accounts submitted by way of estimate must be clearly marked as such, and the consumer must be informed of the basis of the assessment if requested (section 65(6) and (7)). The operator must not submit an estimated account for a period exceeding 12 months without the consumer’s agreement (section 65(8)). When adjusting charges for incorrect billing, the operator must determine the error period, but that period must not exceed 12 months unless the energy was obtained dishonestly or illegally (section 65(5a) and (5b)).

For consumers, the primary compliance obligation is to pay charges when due. A consumer who plans to vacate premises should give the operator not less than 5 days’ notice to avoid liability for a subsequent occupier’s charges (section 62(4)). Any person who moves into premises should arrange with the operator to ascertain any outstanding charges, otherwise they may become jointly and severally liable. Consumers must allow the operator access to read meters and inspect apparatus at all reasonable times without prior notice (section 64(2)(c)). If a consumer requires a meter test, they must pay the fee upfront; it will be refunded if the meter is out of order. Landowners or occupiers must keep vegetation trimmed to prevent interference with supply systems (section 54(1)). If they fail to do so after a written notice requesting clearance within not less than 3 days, the operator may enter and clear the vegetation and recover the cost if the vegetation was planted or cultivated (section 54(2) and (3)). Any person undertaking excavation in a street should first make reasonable inquiry from the operator about the location of underground systems, otherwise they will be deemed negligent under section 75(3) if damage occurs. Finally, any person who receives a notice of entry or a request for information from the operator must comply, as failure to provide reasonable access or assistance is deemed wilful obstruction under section 79, and may lead to a warrant under section 46(7) or an injunction under section 46(8).