Fuel Emergency Powers Law Set for Urgent Update

  • Cook Labor Government introduces amendments to Fuel, Energy and Power Resources Act 1972
  • Changes replace outdated compensation arrangements, preventing unnecessary legal challenges
  • Important step to help prepare for any further use of fuel emergency powers
  • Once passed by Parliament will come into effect from 5 May

The Cook Labor Government will today introduce amendments to the Fuel, Energy and Power Resources Act 1972 (FEPRA) to modernise and clarify the legislation, helping avoid the potential for costly and time-consuming legal challenges.

A State of Emergency was announced under FEPRA on 1 April, allowing the State Government to compel fuel companies to provide critical supply information which will support the Cook Labor Government's fuel security response.

If National Cabinet escalates to level 3 under the National Fuel Security Plan, Western Australia may need to activate additional emergency powers secure fuel supply for petrol stations and key economic sectors.

The current Act - which was introduced in the 1970s - uses outdated wording to describe the compensation available to fuel companies affected by government actions.

Today's amendments will provide clarity on this important piece of legislation, protecting Western Australians from potential legal challenges and will be backdated to have effect from today.

The changes are part of the Cook Labor Government's nation-leading response to the fuel crisis, including:

  • implementing State of Emergency powers which compel fuel companies to provide detailed supply chain information;
  • adding every retailer in the State to FuelWatch and increasing fines by 400 per cent;
  • securing a strategic stockpile of 12 million litres of diesel; and
  • allowing larger triple road trains and heavier loads of milk and perishables.

As stated by Premier Roger Cook:

"My government was the first in Australia to act to address the impact of the fuel shock.

"This included a State of Emergency under the Fuel, Energy and Power Resources Act 1972 so that we would receive timely data and information and have visibility over the fuel supply chain, which is consistent with level 2 of the National Fuel Security Plan.

"These amendments are an important step to ensure we are prepared for any potential further use of these fuel emergency powers, which may be required under levels 3 and 4 of the plan.

"I will always continue to do what is right for WA."

Comments attributed Energy and Decarbonisation Minister Amber-Jade Sanderson:

"The Cook Labor Government is determined to continue to exercise emergency powers without putting WA at risk of costly and unnecessary court battles.

"These sensible changes will ensure taxpayer dollars aren't wasted on time-consuming legal challenges.

"We will continue to work around the clock to ensure we are getting fuel where it is needed most for Western Australians."

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