6Application of this Act to the Crown, government departments, and local governments

6. Application of this Act to the Crown, government departments, and local governments

(1) This Act binds the Crown —

(a) to the extent that the Crown is a consumer; and

(b) in respect of its provisions relating to matters of safety; and

(c) in relation to land vested in the Crown in right of the State,

but not otherwise.

(2) Where in relation to a provision of this Act any question, difference, or dispute arises, or may arise, between an energy operator and any government department or local government as to the rights, powers or authority of, or the discharge of any duty by, the energy operator, or as to their respective functions or interest, then —

(a) where the matter relates to a government department —the Minister charged with the administration of that government department may consult with the Minister;

(b) where the matter relates to a local government — the local government shall refer the matter to the Minister charged with the administration of the Local Government Act 1995, who may consult with the Minister,

and where the Ministers so agree after such consultation the Minister shall give to the energy operator such directions as result from the consultation, but where no such consultation is concluded or if the Ministers can not agree as to the matter the matter may be finally and conclusively determined by the Governor and effect shall be given to any such determination.

(3) The Governor may finally and conclusively determine any question, difference or dispute arising or about to arise in relation to a provision of this Act between an energy operator and any government department or local government with respect to the exercise of any right, power, or authority or the discharge of any duty whether or not referred to him under subsection (2) and whether or not the Ministers had purported to agree pursuant to that subsection, and effect shall be given to any such determination.

[Section 6 amended: No. 24 of 1986 s. 6; No. 89 of 1994 s. 39 and 41; No. 14 of 1996 s. 4; No. 58 of 1999 s. 83(1) and (3).]

[7‑15. Deleted: No. 89 of 1994 s. 8.]

[16. Deleted: No. 24 of 1986 s. 13.]

[17‑19. Deleted: No. 89 of 1994 s. 8.]

[20‑25. Deleted: No. 24 of 1986 s. 15.]

[26, 27, 27A. Deleted: No. 89 of 1994 s. 8.]