5Application of this Act to other Acts, the law generally, and to certain Agreements

5. Application of this Act to other Acts, the law generally, and to certain Agreements

(1) In so far as the provisions of this Act would be inconsistent with the operation of that Act or the implementation of that Agreement, but subject to subsection (2) and subsection (3), nothing in this Act shall affect or be construed to derogate from the operation of —

(a) any Act; or

(b) any Agreement to which the State is a party and which, or the execution of which, is or has been ratified, authorised or approved by an Act,

whereby any right or power is conferred upon any person, whether corporate or unincorporate, with respect to the production, manufacture, or generation of energy, or with respect to the conversion, acquisition, provision, distribution, supply, sale, or use of energy, in the manner and for the purposes thereby authorised, or shall injuriously affect or interfere with the exercise and enjoyment of any such right or power so conferred.

(2) To the extent that the exercise of a power vested in an energy operator by this Act would not be inconsistent with the operation of an Act or the implementation of an Agreement, or to the exercise and enjoyment of any right or power of the kind referred to in subsection (1), the power so vested in the energy operator may be exercised by the energy operator.

(3) Where by virtue of an Agreement of the kind referred to in subsection (1)(b) an energy operator would not otherwise be authorised so to do, in so far as the energy operator is authorised pursuant to the consent of the parties to any such Agreement to acquire any undertaking or any part of any undertaking, or to exercise any power, then such authorisation may provide that the provisions of this Act or such of those provisions as are specified therein shall apply in any such case, notwithstanding subsection (1), and effect shall be given thereto according to the tenor of the authorisation.

[Section 5 amended: No. 89 of 1994 s. 7, 39 and 41; No. 58 of 1999 s. 83(1) and (3).]