Duty of network operator to ensure safety of network
5A Duty of network operator to ensure safety of network
A network operator must ensure, so far as is reasonably practicable, that the network of the network operator is designed, constructed, operated and maintained so as to ensure that it is safe.
Penalty for this subregulation: a fine of $250 000.
A network operator contravenes subregulation (1) if the network operator fails to —
develop, implement and maintain adequate —
design standards and construction procedures for the network; or
plans and procedures for the inspection, testing, maintenance and replacement of the network or parts of it; or
operating standards and procedures for the operation of the network;
or
regularly review the design, engineering and operation of the network for safety and effectiveness, in accordance with good industry practice.
Subregulation (2) does not limit the generality of subregulation (1).
A network operator must maintain records that are sufficient to demonstrate the extent of the network operator’s compliance with its duty under subregulation (1).
Penalty for this subregulation: a fine of $250 000.
A network operator must —
maintain adequate records of the location of the network; and
make those records available on request to a person who, for reasons of safety, requires access to the records.
Penalty for this subregulation: a fine of $250 000.
[Regulation 5A inserted: SL 2021/218 r. 6.]
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