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reg 25

Requirement not to disturb site of notifiable incident or physical evidence

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25 Requirement not to disturb site of notifiable incident or physical evidence

(1)

This regulation applies to and in relation to a network operator if the Director has notified the network operator that an electricity inspector proposes to exercise his or her powers under the Energy Coordination Act 1994 section 14 in relation to the site of a notifiable incident or suspected notifiable incident.

(2)

The network operator must ensure, so far as is reasonably practicable, that the site of the incident is not disturbed in such a way as to prejudice the examination of the site or physical evidence relating to the incident.

Penalty for this subregulation: a fine of $250 000.

(3)

The network operator must ensure, so far as is reasonably practicable, that each contractor who may carry out a prescribed activity at or near the site is notified that the site must not be disturbed in such a way as to prejudice the examination of the site or physical evidence relating to the incident.

Penalty for this subregulation: a fine of $250 000.

(4)

If a contractor has been notified under subregulation (3), the contractor must ensure, so far as is reasonably practicable, that the site of the incident is not disturbed by the contractor, or a person for whom the contractor is responsible, in such a way as to prejudice the examination of the site or the evidence.

Penalty for this subregulation:

(a)

for an individual, a fine of $50 000;

(b)

for a body corporate, a fine of $250 000.

(5)

Subregulations (2) and (4) do not apply if the disturbance is in accordance with an approval of the Director given in relation to the incident.

[Regulation 25 amended: SL 2021/218 r. 12.]

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