The Electricity Industry (Electricity System and Market) Regulations 2004 (ESM Regulations, previously the Electricity Industry (Wholesale Electricity Market) Regulations 2004), provide the Minister for Energy (Minister) with time-limited power to make, amend or repeal individual Wholesale Electricity Market (WEM) Rules.
These transitional powers allow the Minister to make ESM Rule changes, without having to repeal and replace the entire WEM Rules as required by WEM Regulation 7(3).
Energy Policy WA sought feedback on a proposal to extend the end-date of the Minister’s rule-making powers from 31 October 2025 to 31 October 2027. The window for submitting feedback closed at 5:00pm on 26 April 2024.
The extension allows for the continued implementation of Stage 1 of the Energy Transformation Strategy.
Amendments were also required to Schedule 1 of the WEM Regulations, which contains the list of WEM Rules which are civil penalty provisions, to correct some previous drafting errors.
Further information is outlined in the Proposed changes to the Electricity Industry (Wholesale Electricity Market) Regulations 2004 - Consultation Paper below.
Stakeholder feedback was considered and a summary of the responses to submissions are included in the Information Paper. Stakeholder submissions can be found below.
Following assessment of the stakeholder submissions, Energy Policy WA progressed changes to the Electricity Industry (Electricity System and Market) Regulations 2004, which were gazetted on 5 February 2025.
A summary of the changes that have been progressed can be found in the Changes to the Electricity Industry (Wholesale Electricity Market) Regulations 2004 – Information Paper below.
