reg 3

Terms used

In force

(1)

In these regulations, unless the contrary intention appears —

adequate has a meaning affected by subregulation (5);

AS followed by a designation consisting of a number and a reference to a year refers to the text, as from time to time amended and for the time being in force, of the document so designated, published by Standards Australia;

AS 5577 means AS 5577‑2013 Electricity network safety management systems;

AS/NZS followed by a designation consisting of a number and a reference to a year refers to the text, as from time to time amended and for the time being in force, of the document so designated, jointly published by Standards Australia and Standards New Zealand;

CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of the Act;

contractor means —

(a)

a person engaged under a contract for services to carry out prescribed activities on a network; or

(b)

a subcontractor of a person described in paragraph (a);

distribution licence has the meaning given in the Electricity Industry Act 2004 section 3;

electricity inspector means an inspector as defined in the Energy Coordination Act 1994 section 3(1) who is classified as an electricity inspector under section 12 of that Act;

employee means a person employed under a contract of service;

ENA followed by a designation including a number and a reference to a year refers to the text, as from time to time amended and for the time being in force, of the document so designated, published by or on behalf of the Energy Networks Association;

good industry practice means the exercise of that degree of competence, diligence, prudence and foresight that a competent person in the electricity supply industry would reasonably and ordinarily be expected to exercise under comparable circumstances;

HB followed by a designation consisting of a number and a reference to a year refers to the text, as from time to time amended and for the time being in force, of the document so designated, published by Standards Australia;

IEC followed by a designation that includes a number and a reference to a year refers to the text, as from time to time amended and for the time being in force, of the document so designated, published by the International Electrotechnical Commission;

implementation day, for a network operator, has the meaning given in regulation 11(4);

integrated regional licence has the meaning given in the Electricity Industry Act 2004 section 3;

network means —

(a)

transmission works operated by a network operator, including storage works connected to the transmission works, other than storage works that are not part of the transmission works; and

(b)

distribution works operated by a network operator, including —

(i)

generating works connected to the distribution works for the purposes of emergency or interim generation of electricity that are owned, hired, leased by, or otherwise under the control of, the network operator; and

(ia)

storage works connected to the distribution works, other than storage works that are not part of the distribution works; and

(ii)

service apparatus connected to the distribution works, other than service apparatus the property of a consumer or an owner or occupier of premises to which electricity is supplied; and

(iii)

if the distribution works are used to supply electricity otherwise than to the premises of a consumer — apparatus to which the electricity is supplied;

and

(ba)

stand‑alone power systems operated by a network operator; and

(c)

works that would be covered by paragraph (a), (b) or (ba) except that they are no longer used to convey or distribute electricity, whether or not the works have been disconnected from generating works or from other transmission or distribution works;

network operator means a person who is a network operator under regulation 4;

pole means a support structure for overhead conductors of a network;

prescribed activity means an activity carried out in the course of the construction, commissioning, operation, maintenance or decommissioning of a network;

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year;

reasonably practicable, in relation to a duty to ensure that a network is safe or that an activity is carried out safely, means that which is, or was at a particular time, reasonably able to be done in relation to so ensuring, taking into account and weighing up all relevant matters including —

(a)

the likelihood of the hazard or the risk concerned occurring; and

(b)

the degree of harm that might result from the hazard or the risk; and

(c)

what the person concerned knows, or ought reasonably to know, about —

(i)

the hazard or the risk; and

(ii)

ways of eliminating or minimising the hazard or the risk;

and

(d)

the availability and suitability of ways to eliminate or minimise the hazard or the risk; and

(e)

after assessing the extent of the hazard or the risk and the available ways of eliminating or minimising the hazard or the risk — the cost associated with available ways of eliminating or minimising the hazard or the risk, including whether the cost is grossly disproportionate to the hazard or the risk;

safety means the safety of persons (including persons for whom a network operator or contractor is responsible), consumers and the public;

safety management system means a safety management system that a network operator has in compliance with regulation 13;

stand‑alone power system has the meaning given in the Electricity Industry Act 2004 section 3(1);

storage works has the meaning given in the Electricity Industry Act 2004 section 3(1);

subcontractor, of a contractor, means a person engaged under a contract for services by the contractor to carry out prescribed activities on a network;

transmission licence has the meaning given in the Electricity Industry Act 2004 section 3;

working day means a day that is not a Saturday, Sunday or a public holiday throughout the State.

(2)

For the purposes of these regulations, a reference to the network, in relation to a network operator, is a reference to —

(a)

if the network operator operates one network — that network; or

(b)

if the network operator operates 2 or more networks — any of those networks.

(3)

For the purposes of these regulations, a prescribed activity is carried out on a network if the prescribed activity is carried out in, on or in connection with the network.

(4)

However, if a prescribed activity is carried out in the course of the construction, commissioning, maintenance or decommissioning of the network, the activity is not carried out in connection with the network unless it is carried out at the site at which the network is located or is being constructed.

(5)

For the purposes of these regulations, the adequacy of plans, procedures, standards, work practices, instruction, training, supervision, records or other things must be assessed by reference to good industry practice.

[Regulation 3 amended: Gazette 1 Aug 2017 p. 4110; SL 2021/218 r. 4.]

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