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These regulations are the Electricity (Network Safety) Regulations 2015.
These regulations come into operation as follows —
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
the rest of the regulations — on the day after that day.
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 person engaged under a contract for services to carry out prescribed activities on a network; or
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 —
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
distribution works operated by a network operator, including —
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
storage works connected to the distribution works, other than storage works that are not part of the distribution works; and
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
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
stand‑alone power systems operated by a network operator; and
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 —
the likelihood of the hazard or the risk concerned occurring; and
the degree of harm that might result from the hazard or the risk; and
what the person concerned knows, or ought reasonably to know, about —
the hazard or the risk; and
ways of eliminating or minimising the hazard or the risk;
and
the availability and suitability of ways to eliminate or minimise the hazard or the risk; and
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.
For the purposes of these regulations, a reference to the network, in relation to a network operator, is a reference to —
if the network operator operates one network — that network; or
if the network operator operates 2 or more networks — any of those networks.
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.
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.
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.]
The following persons are network operators —
the Electricity Networks Corporation established by the Electricity Corporations Act 2005 section 4(1)(b);
the Regional Power Corporation established by the Electricity Corporations Act 2005 section 4(1)(d);
Pilbara Iron Pty Ltd (ACN 107 216 535), or any successor to that company, operating transmission or distribution works under —
the Agreement as defined in the Iron Ore (Hamersley Range) Agreement Act 1963 section 2; or
the Agreement as defined in the Iron Ore (Robe River) Agreement Act 1964 section 2;
Hamersley Iron Pty. Limited (ACN 004 558 276), or any successor to that company, operating transmission or distribution works under the Agreement as defined in the Iron Ore (Hamersley Range) Agreement Act 1963 section 2;
each of the Robe River Joint Venture participants, or any successor to any of those companies, operating transmission or distribution works under the Agreement as defined in the Iron Ore (Robe River) Agreement Act 1964 section 2;
BHP Iron Ore Pty Ltd (ACN 008 700 981), or any successor to that company, operating transmission or distribution works under the Agreement as defined in the Iron Ore (Mount Newman) Agreement Act 1964 section 2;
each of the Newman Joint Venture participants, or any successor to any of those companies, operating transmission or distribution works under the Agreement as defined in the Iron Ore (Mount Newman) Agreement Act 1964 section 2;
a person, other than a person referred to in paragraph (a), (b), (c), (d), (e), (f) or (g), who, under the Electricity Industry Act 2004, holds or is required to hold —
a transmission licence; or
a distribution licence; or
an integrated regional licence that authorises the holder to carry out one or more of the activities described in section 4(1)(b) and (c) of that Act.
For the purposes of subregulation (1)(e), the Robe River Joint Venture participants are —
Mitsui Iron Ore Development Pty Ltd (ACN 008 734 361);
Nippon Steel Raw Materials Australia Pty Ltd (ACN 001 444 604);
Nippon Steel Australia Pty. Limited (ACN 001 445 049);
North Mining Limited (ACN 000 081 434);
Robe River Mining Co. Pty. Ltd. (ACN 008 694 246).
For the purposes of subregulation (1)(g), the Newman Joint Venture participants are —
BHP Minerals Pty Ltd (ACN 008 694 782);
Mitsui‑Itochu Iron Pty Ltd (ACN 008 702 761);
Itochu Minerals & Energy of Australia Pty Ltd (ACN 009 256 259).
[Regulation 4 amended: Gazette 1 Aug 2017 p. 4110; SL 2021/218 r. 5.]
For the purposes of these regulations, the persons for whom a network operator is responsible are —
each employee of the network operator;
each contractor of the network operator;
each employee of a contractor of the network operator;
any other person instructed or authorised by the network operator to carry out prescribed activities on the network.
For the purposes of these regulations, the persons for whom a contractor is responsible are —
each employee of the contractor;
each subcontractor of the contractor;
each employee of a subcontractor of the contractor.
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.]
A network operator must ensure, so far as is reasonably practicable, that each prescribed activity carried out on the network is carried out safely.
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 work practices relating to prescribed activities; or
[(b) deleted]
provide, so far as is reasonably practicable, adequate instruction, training and supervision to persons for whom the network operator is responsible, taking into account the nature of the prescribed activities carried out by those persons and the competence of those persons; or
ensure, so far as is reasonably practicable, that persons who are carrying out prescribed activities on the network, and for whom the network operator is responsible, comply with the plans, procedures and standards referred to in regulation 5A(2)(a); or
ensure, so far as is reasonably practicable, that persons who are carrying out prescribed activities on the network, and for whom the network operator is responsible, comply with the work practices applicable to the prescribed activities; or
regularly review the work practices applicable to prescribed activities carried out on the network for safety and effectiveness.
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.
[Regulation 6 amended: SL 2021/218 r. 7 and 12.]
A contractor must ensure, so far as is reasonably practicable, that each prescribed activity carried out on a network by a person for whom the contractor is responsible is carried out safely.
Penalty for this subregulation:
for an individual, a fine of $50 000;
for a body corporate, a fine of $250 000.
A contractor contravenes subregulation (1) if the contractor fails to —
provide, so far as is reasonably practicable, adequate instruction, training and supervision to persons for whom the contractor is responsible, taking into account the nature of the prescribed activities carried out by those persons and the competence of those persons; or
ensure, so far as is reasonably practicable, that persons who are carrying out prescribed activities on the network, and for whom the contractor is responsible, comply with the design of the network; or
ensure, so far as is reasonably practicable, that persons who are carrying out prescribed activities on the network, and for whom the contractor is responsible, comply with the work practices applicable to the prescribed activities.
Subregulation (2) does not limit the generality of subregulation (1).
[Regulation 7 amended: SL 2021/218 r. 8 and 12.]
An individual must, in carrying out a prescribed activity on a network, ensure, so far as is reasonably practicable, that the activity is carried out safely.
Penalty for this subregulation: a fine of $50 000.
An individual contravenes subregulation (1) if the individual, in carrying out the prescribed activity, fails to —
comply with the design of the network; or
comply with the work practices applicable to the prescribed activity.
Subregulation (2) does not limit the generality of subregulation (1).
[Regulation 8 amended: SL 2021/218 r. 12.]
In this regulation —
investigate includes to consider whether or not a work practice or safety management system contributed to a risk to safety;
risk to safety, in relation to a network, means —
anything at a place where a prescribed activity is being carried out on a network that is a risk to safety; or
the condition of any part of the network that is a risk to safety.
If a network operator becomes aware of a risk to safety in relation to a network of the network operator, the network operator must, as soon as is reasonably practicable, investigate the risk.
Penalty for this subregulation: a fine of $250 000.
Subregulation (2) does not apply to a risk that is inherent.
If a person for whom a network operator is responsible becomes aware of a risk to safety in relation to a network of the network operator, the person must, as soon as is reasonably practicable, notify the network operator of the risk, unless the person knows that the network operator has already been notified.
Penalty for this subregulation:
for an individual, a fine of $50 000;
for a body corporate, a fine of $250 000.
If an investigation reveals that there is a risk to safety, the network operator must ensure, so far as is reasonably practicable, that —
the risk is minimised or eliminated, as soon as is reasonably practicable; and
until the risk is minimised or eliminated, no prescribed activity is carried out on any affected part of the network, other than work to minimise or eliminate the risk.
Penalty for this subregulation: a fine of $250 000.
The requirements imposed by this regulation are in addition to any requirements applying under an applicable safety management system.
[Regulation 9 amended: SL 2021/218 r. 12.]
This Division applies to and in relation to a network operator referred to in regulation 4(1)(a), (b), (c), (d), (e), (f) or (g).
The obligations in this Division apply to and in relation to a network operator, and each network of the network operator, on and after the earlier of —
the day that the network operator nominates as the day on which the obligations commence to apply to the network operator; and
the implementation day for the network operator.
To nominate a day for the purposes of subregulation (1)(a), a network operator must notify the Director in writing of the day, at least 20 working days prior to the day.
If the day nominated by a network operator for the purposes of subregulation (1)(a) is before the implementation day for the network operator, the Director must publish notice of that day on a website maintained on behalf of the Director.
The implementation day for a network operator is —
the last day of the 2 year period immediately following the day on which the network operator becomes a network operator; or
if a later day is approved by the Director under subregulation (5) for the network operator — the day approved.
The Director may, on application by a network operator, approve in writing a day that is later than the day specified in subregulation (4)(a) as the implementation day for the network operator if the Director considers it appropriate in the circumstances to do so.
An application for an approval under subregulation (5) must —
be in writing; and
nominate a day by which the network operator intends to have developed its safety management system; and
state the reasons for the application.
If the Director approves a day under subregulation (5), the Director must publish notice of that day on a website maintained on behalf of the Director.
This regulation has effect subject to regulation 12.