New South Wales Consolidated Acts

ENERGY AND UTILITIES ADMINISTRATION ACT 1987 - SECT 25

25 Regulations in respect of emergencies

(1) So long as a proclamation referred to in section 24 (2) remains in force, the Governor may make a regulation:

(a) controlling, directing, restricting or prohibiting the sale, supply, use or consumption of the proclaimed form of energy, whether generally or for any purpose or purposes specified in the regulation,

(b) authorising the Director-General or a person specified in the regulation to exercise such functions as to the Governor appear to be necessary or expedient to carry into effect the purposes of this section or the regulation, and in particular (but without limiting the foregoing provisions of this subsection) authorising the Director-General or that person:

(i) to control, direct, restrict and prohibit the sale, supply, use or consumption of the proclaimed form of energy, whether generally or for any purpose or purposes specified in the regulation,

(ii) to direct a person who extracts, provides, supplies, transports or distributes the proclaimed form of energy to extract it for or provide, supply, transport or distribute it to a person specified in the regulation,

(iii) to specify the terms and conditions on which the proclaimed form of energy shall be extracted, produced, provided, supplied, transported or distributed,

(iv) to direct that a person to whom the proclaimed form of energy is provided, supplied, transported or distributed accept the proclaimed form of energy so provided, supplied, transported or distributed, and

(v) to make such orders, take such measures, give such directions and do such things as are in the opinion of the Director-General or the person specified in the regulation necessary or expedient to carry into effect the purposes of this section and any regulation made under this section, or

(c) generally, prescribing all such matters or things as are necessary or expedient to be prescribed for carrying into effect the purposes of this section and the regulation.

(2) Any such regulation may be made before the proclamation under the authority of which it is made has taken effect, but any such regulation shall not take effect before that proclamation has taken effect.

(3) Any such regulation and any order or direction made or given under the authority of the regulation:

(a) may be made or given so as to apply to or have operation throughout the whole or any specified part of the State,

(b) may be made or given so as to operate for any period or periods or for any time or times or for any occasion or occasions specified in it,

(c) may be of general operation or of specially limited operation according to any specified times, places, circumstances, conditions or restrictions, or

(d) may authorise a person specified in the regulation, order or direction:

(i) to enter any land, building or structure, or

(ii) to take possession or control of or use any property, undertaking, equipment, goods, vehicles, articles or things of any kind,

used for or in connection with the extraction, production, provision, supply, transportation or distribution of the proclaimed form of energy.

(4) Any order or direction referred to in subsection (3):

(a) shall if published in the Gazette be deemed to have been sufficiently served on or brought to the notice of all persons concerned or affected by it, and

(b) may be made or given so as to apply to any particular person and may be served on the person by delivering a copy of it to the person by hand, or by sending the copy to the person by post,

or in the case of a direction may be given orally or by telegram.

(5) A regulation made under this section shall, unless it sooner expires or is revoked, continue in operation until the proclamation under the authority of which it was made is revoked or ceases to remain in force.

(6) A regulation made under this section may provide that a person who contravenes or fails to comply with a provision of the regulation is guilty of an offence against the regulation, and, in particular, may provide that a person who refuses or fails to comply with an order or direction made or given under the regulation is guilty of such an offence.

(7) An order or direction referred to in subsection (3) shall, unless it sooner expires or is revoked, continue in operation until the regulation under the authority of which it was made or given is revoked.