Clause 8

in the section heading, replace “electrical plants” with “and use of key facilities, etc.”;

replace subsection (1) with —“(1) The Authority may direct any person mentioned in any of the following paragraphs to allow an electricity licensee (E) to carry out any activity described in the paragraph:

to connect any key conduit of E to any key facility or key conduit of a person and to use the key facility or key conduit of the person;

to install and use any key conduit of E at any premises owned or occupied by a person;

to install and use any usage equipment of E at a key facility or key conduit of a person, or a key conduit of E, mentioned in paragraph (a) or (b);

to use any prescribed wharf or jetty owned or occupied by a person, to berth any vessel on which E is to load or from which E is to discharge any material of E, and to load the material onto or discharge the material from the vessel;

to use any equipment, apparatus, appliance or facility, or any key conduit, of a person at any prescribed wharf or jetty, to enable E —

to load any material of E onto or discharge any material of E from any vessel berthed at the prescribed wharf or jetty; or

to bring any material of E to or away from the prescribed wharf or jetty;

to install and use any equipment, apparatus, appliance or facility of E at a prescribed wharf or jetty owned or occupied by a person, to enable E to carry out any activity described in paragraph (e)(i) or (ii).(1A) To avoid doubt, the Authority may issue directions to more than one person at any one time, in relation to the same E.(1B) To avoid doubt, the premises mentioned in subsection (1)(b) need not be premises at which any key facility or key conduit of a person (to which E is to connect its key conduit) is situated, or at which E is to install any usage equipment.(1C) The Authority may make a direction under subsection (1) only if it considers that the direction is necessary —

in the public interest; or

to ensure the security and reliability of the supply of electricity to the public.”;

replace subsection (2) with —“(2) For the purpose of subsection (1), the direction may —

require the person to allow E to enter any premises owned or occupied by the person for the purposes of carrying out any activity mentioned in subsection (1) and specified in the direction, and in any event require the person not to do, or cause or allow to be done, anything that may prevent E from carrying out the activity; and

require the person and E to enter into an agreement within the period of 30 days after the connection or installation under subsection (1)(a), (b), (c) or (f) has been made or the use in subsection (1)(d) or (e) has commenced, for the purposes of —

granting E a wayleave —

for the continuation of the connection or installation at the premises;

for E to be able to carry out maintenance works on —

for E to continue the use specified in the direction,as the case may be; and

reasonably compensating the person for any loss suffered as a result of the connection, installation or use,and the person and E must comply with a direction under subsection (1) to the extent that it relates to either of them.(2A) The Authority may, upon the request of the person or E, grant one or more extensions of the period mentioned in subsection (2)(b).”;

in subsections (3), (4) and (6), replace “E and the transmission licensee” wherever it appears with “the person and E”;

in subsection (3), replace “E or the transmission licensee” with “the person or E”; and

after subsection (6), insert —“(7) A person need not comply with a direction given by the Authority under subsection (1) for so long as an appeal under section 98 against the direction is pending.(8) Any person who contravenes a direction under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.(9) In this section —“key conduit” means any of the following:

any electric line;

any pipe or channel for transporting —

any fuel required in connection with the generation of electricity (including for the purpose of creating or maintaining any stocks of fuel, whether or not pursuant to section 27), but not any gas as defined in section 2 of the Gas Act 2001;

any coolant (including seawater) required in connection with the cooling of any electrical plant used in generating or transmitting electricity; or

any waste (including emissions) produced in connection with the generation of electricity, or the production of fuel for use in connection with the generation of electricity;

any other conduit prescribed by regulations made under section 103 as a key conduit for the purposes of this section;“key facility” means any of the following:

any electrical plant (including any energy storage system);

any facility for receiving, storing or pumping —

any fuel required in connection with the generation of electricity (including for the purpose of creating or maintaining any stocks of fuel, whether or not pursuant to section 27), but not any gas as defined in section 2 of the Gas Act 2001;

any coolant (including seawater) required in connection with the cooling of any electrical plant used in generating or transmitting electricity; or

any waste (including emissions) produced in connection with the generation of electricity, or the production of fuel for use in connection with the generation of electricity;

any other facility prescribed by regulations made under section 103 as a key facility for the purposes of this section;“prescribed wharf or jetty” means a wharf or jetty prescribed by regulations made under section 103 for the purposes of this section;“usage equipment” means any equipment, apparatus or appliance connected with the use or operation of a key facility or a key conduit.”.