Utility Networks (Public Safety) Regulation 2001

This regulation is the Utility Networks (Public Safety) Regulation 2001.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation.

Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

This regulation does not apply to a thing done by a person in relation to a network facility in accordance with the written authorisation of the responsible utility.

This regulation does not apply to a thing done by a person in relation to a network facility in the course of the person’s employment or engagement by the responsible utility.

An application for authorisation mentioned in section 5 may be made to the responsible utility—

orally or in writing; or

if acceptable to the utility—by telephone, fax or other electronic means.

An authorisation is subject to any condition stated in the authorisation.

In a proceeding for an offence against this regulation, a certificate that appears to be signed by or on behalf of a utility and contains a statement to the effect that—

a stated thing was done by a stated person in accordance with an authorisation by the utility under section 6; or

an authorisation by the utility under section 6 was subject to a stated condition at a stated time or date;

is evidence of the matters stated.

This section applies to an opening in the ground, or a ground cover, that uncovers or exposes an underground network facility, or might reasonably be expected to have that effect.

A person must not, without reasonable excuse, make such an opening in the ground or ground cover unless the person has taken reasonable steps to—

find out whether an underground network facility is likely to be affected; and

avoid damaging the facility or endangering its safe or efficient operation.

Maximum penalty: 10 penalty units.

Without limiting subsection (2), a person takes reasonable steps for the purpose of that subsection if the person—

contacts the responsible utility and requests advice about the matters mentioned in subsection (2) (a) and (b); and

acts in accordance with the written advice of the utility about those matters.

A person must not, without reasonable excuse, interfere with—

telemetry used in connection with the operation of a network facility; or

equipment used, or for use, for such telemetry;

if the interference is likely to interrupt or endanger the safe or efficient operation of the facility.

Maximum penalty: 10 penalty units.

In this section:

interference includes interference attributable directly or indirectly to the emission of electromagnetic energy from a device.

A person must not, without reasonable excuse, interfere with, change or remove—

a sign displayed or maintained by or on behalf of a utility at or on a network facility; or

a seal, lock, chain or any other device used in connection with securing any part of a network facility;

if the action is likely to endanger people or property.

Maximum penalty: 10 penalty units.

A person must not, without reasonable excuse, enter a secured area maintained by or on behalf of a utility in connection with the provision of a utility service.

Maximum penalty: 10 penalty units.

In this section:

secured area means a network facility, and any land or water surrounding the facility, that is enclosed for the purpose of preventing unauthorised access.

A person must not, without reasonable excuse, throw or otherwise project an object—

with intent to strike an electricity network facility; or

if the object is likely to strike an electricity network facility;

if the striking is likely to endanger any person or property or interrupt or endanger the safe or efficient operation of the facility.

Maximum penalty: 10 penalty units.

A person must not, without reasonable excuse, touch or interfere with any object resting on, or entangled in, an electricity network facility if the touching or interference is likely to endanger any person or property or interrupt or endanger the safe or efficient operation of the facility.

Maximum penalty: 10 penalty units.