Fuel Supply Disruption Triggers WA State Of Emergency And Expanded Ministerial Powers

The Western Australian Government has declared a fuel state of emergency across the entire State under the Fuel, Energy and Power Resources Act 1972 (WA) (the Act), due to armed conflict and disruption of shipping services in and near the Middle East affecting fuel provision, supply or distribution in or to Western Australia. 

Pursuant to this state of emergency, the WA Government has enacted:

• the Fuel, Energy and Power Resources (Declaration of State of Emergency) Order 2026 (Order), which formally declares the state of emergency and vests the administration of the Act in the Minister for Energy and Decarbonisation; and
• the Fuel, Energy and Power Resources (State of Emergency) Regulations 2026 (Regulations), which broadly compel fuel industry players to share information on fuel supply chains in a timely and prescribed manner. 

The Order and Regulations are intended to provide visibility over fuel supply chains and assist in distributing fuel to where it is most needed, in light of the disruptions caused by the war in the Middle East and the ensuing shortages in regional communities (particularly in the agriculture sector and smaller mining companies).

Below, we unpack the key provisions of the Order and Regulations.

Key provisions

The Order took effect upon its declaration on 1 April 2026 and will remain in force until 30 September 2026. While the Order remains in effect:

• A state of emergency subsists in the whole State; and
• The Minister for Energy and Decarbonisation will be responsible for administering the Act.

The Regulations came into effect on 2 April 2026 and will remain in force so long as the state of emergency declared in the Order subsists. In broad terms, the Regulations provide for the following:

1. (Orders or direction for the giving of specified information or documents) the Minister may order or direct fuel industry players (including producers, holders, suppliers, transporters or users of fuel or diesel exhaust fluid) to give specified information or documents concerning the production, holding, supply, transportation or use of fuel or diesel exhaust fluid. Without limiting what “specified information or document” may be requested, the order or direction may require a person to provide details about any of the following:

   1.  Written agreements or other documents;
   2.  Contractual commitments;
   3.  Current or expected capacity;
   4.  Pricing; and 
   5.  Customer behaviour. 
       

   Any direction must be given in writing to each person called upon to give the required information or documents, and may be given by e-mail subject to the relevant person’s consent.

2. (Delegation) the Minister may delegate any of their powers or duties under the Regulations to a State Government department, State instrumentality, or another person authorised under the Act, and any action taken by the delegate is deemed to be taken in accordance with the terms of the delegation unless proven otherwise. A delegate, however, cannot sub-delegate any of its powers and duties, and the Minister retains the ability to perform its functions personally (or through an officer or an agent) notwithstanding any delegation.
    
3. (Requirements as to form, verification and timeframes) an order or direction given by the Minister:
   • must give a specified timeframe for compliance; and 
   • may require the information or documents to be given in a particular form, including being given in the form of or verified by statutory declaration.
      
4. (No liability assurance) no civil or criminal liability arises from the giving, disclosure or use of information or documents where it is authorised by the Regulations. Additionally, the giving, disclosure or use of such information or documents does not amount to a breach of confidentiality, security, professional ethics or standards, employment obligations, or unprofessional conduct.
    
5. (Penalties for non-compliance) failure to comply with an order or direction made or given by the Minister under is an offence against the Act, with the offender committing an additional offence against the Act for each day the non-compliance continues. The Regulations specify the penalties for each offence of non-compliance as follows:
   
   • Individuals: a fine of $10,000.
   • Corporations: a fine of $100,000.
      

6. (Use of information by the government) a government authority may use or disclose the specified information or documents only to:

   • provide or secure fuel supplies or services required by the community, or prevent them from being disposed of in a manner inconsistent with the objects of the Act (including to ensure that fuel resources are utilised in a manner that serves the best interests of the WA community); and
   • must not disclose them in a form that would readily identify the person to which that information relates. 
      

   Additionally, the governmental authority may disclose the specified information or documents to a national body or to an agency or authority of a State or Territory.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.