1Short title and commencement
This Act may be cited as the Electricity Act 1945, and shall come into operation on a date to be fixed by Proclamation.
[2. Deleted: No. 10 of 1998 s. 76.]
[Heading deleted: No. 19 of 2010 s. 43(3)(b).]
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Bill homepageThis Act may be cited as the Electricity Act 1945, and shall come into operation on a date to be fixed by Proclamation.
[2. Deleted: No. 10 of 1998 s. 76.]
[Heading deleted: No. 19 of 2010 s. 43(3)(b).]
The Electricity Act 1937 (No. 45 of 1937), is hereby repealed.
Nothing in this Act shall affect the operation of section 16 of the Interpretation Act 1918 1, in relation to any act, matter or thing done or arising under the provisions of the said Electricity Act 1937, prior to the commencement of this Act.
[4. Deleted: No. 89 of 1994 s. 66.]
This Act does not apply to or in relation to any Government electric railway under the Government Railways Act 1904 that is operated at a nominal pressure of 25 kv and the traction system and the signalling and communication systems ancillary thereto whether or not those systems are operated at a pressure of 25 kv.
Subsection (1) does not of itself have any implication with respect to the Crown in relation to this Act.
[Section 4A inserted: No. 42 of 1988 s. 4.]
In this Act, unless the context otherwise requires —
AES registration holder means a registration holder as defined in the Electricity Industry Act 2004 section 3(1);
alternative electricity service has the meaning given in the Electricity Industry Act 2004 section 3(1);
apparatus means any apparatus, equipment, plant, or appliance in which electricity is capable of being, or is, or is intended to be transmitted, distributed, used, consumed or converted and includes any meter, fitting, or connection;
consumer means any person to whom electricity is supplied;
Coordinator means the Coordinator of Energy referred to in section 4 of the Energy Coordination Act 1994;
Director means the Director of Energy Safety referred to in section 5 of the Energy Coordination Act 1994;
distribution licensee means the holder of —
a distribution licence under the Electricity Industry Act 2004; or
an integrated regional licence under the Electricity Industry Act 2004 that authorises the holder to operate a distribution system as defined in section 3 of that Act;
distribution works means any works, including lines, poles, switches, and transformers and all apparatus and other equipment or plant used in conjunction therewith, and any part thereof, utilized or capable of being or intended to be utilized for the purpose of distributing electricity to consumers either direct from any generating station or from any transmission works;
electric fitting includes any apparatus and any means of connection therefor;
exempt AES provider means a person who is authorised under the Electricity Industry Act 2004 to provide an alternative electricity service without holding a registration under that Act;
exempt operator means a person who —
operates transmission works or distribution works; and
would be required under section 7 of the Electricity Industry Act 2004 to be the holder of a transmission licence, distribution licence or integrated regional licence in respect of the operation of those works but for an order issued by the Governor under section 8(1) of that Act;
generating station means any generating works, including the site on which the same are situated, and all buildings and appurtenances belonging thereto;
generating works means any apparatus or other equipment or plant utilized or capable of being or intended to be utilized for the purpose of generating electricity;
inspector means a person designated as an inspector under section 12 of the Energy Coordination Act 1994;
installation includes all wiring, wiring enclosures, switch gear, control and protective gear, appliances, and other components permanently connected to or associated with the wiring, on premises to which electricity is or is intended to be supplied through distribution works, and where electricity is supplied from a private generating plant includes that plant;
land includes any legal or equitable estate, right, title, easement, privilege, or other interest in, over, under, affecting, or in connection with, such land;
Minister has a meaning that is modified by subsections (2) and (3);
network operator means a person who —
operates transmission works and is a transmission licensee; or
operates distribution works and is a distribution licensee; or
is an exempt operator; or
is in a class of AES registration holders prescribed by regulation; or
is in a class of exempt AES providers prescribed by regulation;
premises means any land, street, structure, or other place, and may include a vehicle or other thing in or in connection with which electricity is or is to be supplied;
public authority means any authority controlling any service such as roads, bridges, water supply, sewerage or drainage and any service or utility for the benefit of the public;
service apparatus means any works, apparatus or system which is or is capable of being or is intended to be used for the purpose of conveying, measuring, or controlling electricity supplied from any distribution works to the position on any premises at which delivery of the electricity is, is capable of being, or is intended to be, made to the consumer, and includes any part of the service apparatus, and any other equipment or plant used in conjunction therewith, whether or not the property of a supply authority or network operator;
street includes any highway, road, thorough fare, lane, alley, square, court, or place of public passage;
supply authority means an entity that, immediately before the coming into operation of section 5 of the Electricity Legislation Amendment Act 2004, was a supply authority as defined in this section;
transmission licensee means the holder of —
a transmission licence under the Electricity Industry Act 2004; or
an integrated regional licence under the Electricity Industry Act 2004 that authorises the holder to operate a transmission system as defined in section 3 of that Act;
transmission works means any main line, and all poles, switches, transformers and apparatus pertaining thereto, which is or is capable of being or is intended to be used for the purpose of conveying electricity from a generating station to any distribution works.
A reference in a provision of this Act to the Minister is a reference to —
if, for the time being, different Ministers administer the provision in respect of different matters — the Minister administering the provision in respect of the matter in respect of which the provision is being applied; or
if paragraph (a) does not apply — the Minister administering the provision.
A reference in a regulation made under section 32 to the Minister is a reference to —
if, for the time being, different Ministers administer section 32 in respect of different matters — the Minister administering section 32 in respect of the matter in respect of which the regulation is being applied; or
if paragraph (a) does not apply — the Minister administering section 32.
Subsections (2) and (3) do not limit the operation of section 12 of the Interpretation Act 1984.
[Section 5 inserted: No. 86 of 1979 s. 5; amended: No. 89 of 1994 s. 67; No. 14 of 1996 s. 4; No. 63 of 1996 s. 14; No. 24 of 2000 s. 14(13); No. 33 of 2004 s. 5; No. 18 of 2005 s. 139; No. 28 of 2006 s. 164; No. 10 of 2024 s. 25.]
The Minister may, by instrument published in the Government Gazette, declare that on and after a specified day a specified relevant provision does not apply to a specified supply authority, and a declaration so made has effect accordingly.
A declaration is not to be made in respect of a relevant provision unless the Minister is of the opinion that on and after the specified day the specified supply authority will have powers, rights and obligations under the Electricity Industry Act 2004 that are substantially equivalent to those conferred or imposed by the relevant provision.
A declaration is not to be made after the expiration of the period of 2 years beginning on the day of the insertion of subsection (1) into this Act by the Electricity Legislation Amendment Act 2004.
In this section —
declaration means a declaration made under subsection (1);
relevant provision means any of sections 11 to 24, 34 to 41 or 43 to 51, or any portion of any of those sections, or section 32(1)(a), (b), (d) or (l);
specified means specified in the declaration.
[Section 6 inserted: No. 33 of 2004 s. 6.]
[6A. Deleted: No. 63 of 1996 s. 15.]
A supply authority shall —
in the exercise of the powers conferred by this Act, cause as little detriment and inconvenience and do as little damage as possible; and
make full compensation to all persons concerned for all damage (other than the compulsory acquisition of land) sustained by them in consequence of the exercise by the supply authority of the powers aforesaid.
Where in accordance with subsection (1)(b) a supply authority is liable to make compensation to a person for damage sustained by him in consequence of the exercise of its said powers by such supply authority, the amount of the compensation to be paid, shall, in default of agreement between the parties, be determined by means of a reference to an arbitrator or arbitrators under and in accordance with the provisions of the Commercial Arbitration Act 2012.
[Section 11 amended: No. 109 of 1985 s. 3(1); No. 23 of 2012 s. 45.]
A local government may with the consent of the Coordinator, and shall, if so required by the Coordinator, grant to a supply authority a licence, for such period as may be necessary but in any event not exceeding 21 years, authorising the construction and maintenance by the supply authority of transmission works within the district of the local government.
The exercise by a supply authority of a licence granted to it under subsection (1) shall be deemed to be the exercise by the supply authority of a power conferred by this Act within the meaning of section 11, and the provisions of that section shall apply accordingly, and, where the supply authority does any damage to the works of the local government which has granted the licence, the local government shall be a person concerned within the meaning of section 11(1)(b).
[Section 12 amended: No. 89 of 1994 s. 79; No. 14 of 1996 s. 4.]
[13. Deleted: No. 33 of 2004 s. 10.]
Where a supply authority, which generates electricity, supplies electricity in bulk under a linking‑up scheme, then for the purpose of measuring the quantity supplied from the supplier to any supply authority or to any local government participating in such scheme, the electricity supplied in bulk shall be metered at a point to be mutually agreed upon between the supplier and the receiver of the electricity in bulk, or, in default of such agreement, to be determined by the Coordinator.
[Section 14 amended: No. 89 of 1994 s. 79; No. 14 of 1996 s. 4.]
[15-17. Deleted: No. 33 of 2004 s. 11.]
[Heading deleted: No. 33 of 2004 s. 12.]
Subject to this Act and as in this section hereafter provided, a supply authority may do all or any of the following things, that is to say —
enter upon any land, street or place and survey and take levels thereof;
open and break up the soil, surface or pavement of any streets and bridges within the limits of any district or locality to be supplied by the supply authority with electricity, and open and break up any sewers, drains or tunnels within or under any such streets or bridges, and carry out and install transmission and distribution works under, over, along or across any such street, bridge, or shore of the sea, or of any stream or water but so that any electric line crossing above the surface of any street or of any water commonly used for navigation shall be constructed in accordance with the technical standards, and with the clearances from structures and surfaces, prescribed, and that the free use of any street, bridge, shore, stream or water aforesaid shall not be obstructed more than is necessary for enabling the supply authority to exercise the rights, powers and authorities conferred upon it by this Act;
from time to time repair, alter or remove any such works;
for all or any of the purposes aforesaid remove and use all materials in, under or over any streets, and bridges aforesaid;
carry out and install any transmission works or distribution works in any place or in, against or through any building for the purpose of supplying the same or any other place or building with electricity, and set up any service apparatus necessary for providing thereto a complete supply of electricity, and for measuring and ascertaining the extent of such supply;
generally all other acts and things which the supply authority from time to time deems necessary with respect to the supply of electricity.
A supply authority shall not erect or install any distribution works and service apparatus in or against any building or on any land without the consent of the owners and occupiers thereof, but nothing in subsections (2) to (5) shall preclude the supply authority from entering such building or land and carrying out, erecting and installing new distribution works and service apparatus to replace any distribution works or service apparatus already lawfully carried out, erected or installed or to repair or alter any such works or apparatus.
Before a supply authority proceeds to open or break up any street, bridge, sewer, drain or tunnel it shall give to any public authority affected, under whose control or management the same or any part of the same or any works on, under or above the same may be placed, at least 3 clear day’s notice in writing of the intention of the supply authority so to do except —
in cases of emergency arising from defects in any transmission works or distribution works of the supply authority in which cases such notice shall be given with all reasonable dispatch after the beginning of the work or the necessity for the same has arisen; and
in cases where the work to be carried out consists of the connection of any distribution works to any transmission works which have been previously laid or erected, in which cases one clear day’s notice in writing shall be sufficient.
No street, bridge, sewer, drain or tunnel shall be opened up or broken up (except in the case of emergency) except under the superintendence of the public authority having the control or management thereof or of its officer, and according to such plan as shall be approved by such public authority or its officer, or, in case of any difference regarding such plan, then according to such plan as shall be determined, settled or approved by the Director.
Despite subsection (4), if the public authority or its officer fails to attend at the time fixed for the opening up or breaking up of any such street, bridge, sewer, drain or tunnel after notice as required by subsection (3) or shall not submit any plan for opening up or breaking up the same or shall refuse or fail to superintend the operations in connection therewith, then the supply authority may carry out the work specified in the said notice without the superintendence of the public authority or its officer.
If the owner of a building referred to in subsection (1)(e) shall rebuild or alter the same, any work attached to the building shall be removed so far as may be necessary to enable such rebuilding or alteration to be carried out, and, if so required shall be affixed to the new or altered building at the cost of the supply authority.
[Section 18 amended: No. 94 of 1972 s. 4 (as amended: No. 19 of 1973); No. 86 of 1979 s. 7; No. 89 of 1994 s. 80; No. 63 of 1996 s. 18; No. 19 of 2010 s. 57.]
When a supply authority carries out any works in the exercise of its powers under this Act, and in the course thereof damages or prejudicially affects the works of any public authority, the supply authority shall —
with all possible speed complete the works of the supply authority, reinstate and make good the damage done to the works of the public authority, and remove all spoil and rubbish occasioned by the operations of the supply authority; and
cause a light sufficient for the warning of persons, to be set up and maintained at night against or near the works being carried out by the supply authority in any street or public place, and keep the said works adequately fenced and guarded for the protection of persons until the supply authority has duly discharged its obligations as specified in paragraph (a); and
keep any streets which have been broken up or disturbed in the course of the works carried out by the supply authority in good repair and condition for a period of 3 months after reinstating and making good any damage done to the same and for any further period, not exceeding 12 months in all, during which the said streets may continue to subside.
If a supply authority makes default in the due discharge of any of its obligations under subsection (1), then without prejudice to any other liability at law or in equity to which it may be subject, the supply authority so in default shall forfeit and pay to the public authority, whose works or property have or has been damaged, a sum not exceeding $200 for every such default and a further sum not exceeding $100 for each day or part of a day during which any such default is continued after notice thereof in writing has been served by the said public authority upon the said supply authority as shall be fixed and ordered by the Director.
[Section 19 amended: No. 113 of 1965 s. 8; No. 89 of 1994 s. 80; No. 63 of 1996 s. 7.]
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