Electricity (General) (Miscellaneous) Amendment Regulations 2023 (SA)

Case

South Australia

Electricity (General) (Miscellaneous) Amendment Regulations 2023

under the Electricity Act 1996

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Electricity (General) Regulations 2012

3            Amendment of regulation 3—Interpretation

4            Substitution of regulation 5

5            Interpretation—definition of electrical installation

5            Amendment of regulation 44E—Annual administration fee

6            Amendment of regulation 54—Connection testing and inspection procedures

7           Amendment of regulation 55A—Electronic certificates of compliance

8            Amendment of regulation 56—Certain electrical installation work and electronic certificates of compliance

9            Amendment of regulation 64—Work in proximity to conductors etc

10          Substitution of regulations 68 and 69

68          Rescue and resuscitation training

69          Suitability of testing instruments

11          Amendment of regulation 73—Safety, reliability, maintenance and technical management reports

12          Insertion of regulation 76A

76A        Preparation and approval of metering installation procedures

Schedule 1—Transitional provision

1            Transitional provision

Part 1—Preliminary

1—Short title

These regulations may be cited as the Electricity (General) (Miscellaneous) Amendment Regulations 2023.

2—Commencement

  1. Subject to subregulation (2), these regulations come into operation on 1 July 2023.

(2)Regulations 3 and 4, 6 to 12 (inclusive) and Schedule 1 come into operation on 18 September 2023.

Part 2—Amendment of Electricity (General) Regulations 2012

3—Amendment of regulation 3—Interpretation

Regulation 3(1)—after the definition of low voltage insert:

metering provider has the same meaning as in section 59(5) of the Act;

4—Substitution of regulation 5

Regulation 5—delete the regulation and substitute:

5—Interpretation—definition of electrical installation

(1)For the purposes of the definition of electrical installation in section 4 of the Act, each of the following is an electrical installation:

(a)a set of wires and associated fittings, equipment and accessories installed for the conveyance, control, measurement or use of electricity for general power and lighting in a place used for electricity generating operations, or incidental or related operations;

(b)a set of wires and associated fittings, equipment and accessories installed for the conveyance, control, measurement or use of electricity for general power and lighting in any place where electricity is supplied, or is to be supplied, for consumption in that place by a non‑recreational vehicle, recreational vehicle or relocatable unit;

(c)a set of wires and associated fittings, equipment and accessories installed for the conveyance, control, measurement or use of electricity for general power and lighting in any place where electricity is supplied, or is to be supplied, for consumption in that place during a public event.

(2)In this regulation—

motor vehicle has the same meaning as in the Motor Vehicles Act 1959;

non‑recreational vehicle means a motor vehicle or trailer, other than a recreational vehicle, that has provision for, or is intended for, connection to a low voltage supply of electricity from an external source;

public event means any carnival, concert, exhibition, fair, festival, game, parade, performance, show, sport or other event that is open to the public (whether on payment or free of charge);

recreational vehicle means a caravan (including a pop‑up or fifth‑wheel caravan), camper van or trailer, motor home, slide‑on camper, tent trailer or other motor vehicle or trailer that is designed, adapted or converted for use as accommodation for recreational purposes and has provision for, or is intended for, connection to a low voltage supply of electricity from an external source;

relocatable unit means a prefabricated building or structure that is designed for human occupation or use, can be relocated from one site to another and has provision for, or is intended for, connection to a low voltage supply of electricity from an external source;

trailer has the same meaning as in the Motor Vehicles Act 1959.

5—Amendment of regulation 44E—Annual administration fee

  1. Regulation 44E(1), formula—after "AEMC" insert:

    + AEAP

  2. Regulation 44E(1), definition of AEMC—after "subregulation (2)" insert:

    (a)

  3. Regulation 44E(1)—after the definition of AEMC insert:

    AEAP is the costs referred to in subregulation (2)(b)

  4. Regulation 44E—delete subregulation (2) and substitute:

    (2)For the purposes of section 63AE(7)(c) of the Act, the following costs are prescribed:

    (a)the costs determined by the Minister of the administration in relation to retailing of electricity in South Australia of Part 9 of the National Energy Retail Law (South Australia) by the Australian Energy Market Commission established by the Australian Energy Market Commission Establishment Act 2004;

    (b)the costs determined by the Minister of the administration in relation to retailing of electricity in South Australia of the Energy Advisory Panel, being the body (formerly known as the Energy Security Board) identified by the Energy and Climate Change Ministerial Council as responsible for giving advice on issues relating to the security, reliability, and affordability of energy.

6—Amendment of regulation 54—Connection testing and inspection procedures

Regulation 54(3)—delete "the technical installation rules of the operator of the transmission or distribution network to which the meter is connected" and substitute:

(a)the metering installation procedures of the metering provider; or

(b)the metering installation procedures published by the Technical Regulator

7—Amendment of regulation 55A—Electronic certificates of compliance

  1. Regulation 55A(1)—delete subregulation (1) and substitute:

    (1)For the purposes of section 60(2) of the Act, an electronic certificate of compliance may only be relied on if—

    (a)the certificate certifies that—

    (i)the electrical installation to which the certificate relates complies with any applicable requirements set out in AS/NZS 3000 and any Australian Standard or Australian/New Zealand Standard called up by AS/NZS 3000; and

    (ii)the electrical installation to which the certificate relates has been examined and tested in accordance with the standards and requirements referred to in regulation 56; and

    (b)the certificate records the results of that examination and testing; and

    (c)the certificate is issued by a registered electrical worker.

  2. Regulation 55A(2)(b)—delete paragraph (b) and substitute:

    (b)in any other case—the registered electrical worker must—

    (i)before the electrical installation is made available for energisation, complete the electronic certificate of compliance to the extent required by the Technical Regulator under regulation 57; and

    (ii)within 30 days after the electrical installation was made available for energisation, provide the electronic certificate of compliance to—

    (A)the Technical Regulator; and

    (B)the owner or operator of the installation.

  3. Regulation 55A(4)—delete "subregulation (2)(a)(i)" and substitute:

    subregulation (2)

  4. Regulation 55A(4)(a)—delete "complete and issue" and substitute:

    complete, or complete and issue, (as the case requires)

  5. Regulation 55A(4)(b)—delete "complete and issue" and substitute:

    complete, or complete and issue, (as the case requires)

8—Amendment of regulation 56—Certain electrical installation work and electronic certificates of compliance

  1. Regulation 56(1)—after paragraph (a) insert:

    (ab)the results of any examinations and testing conducted in accordance with paragraph (a) must be recorded on an electronic certificate of compliance issued by a registered electrical worker;

  2. Regulation 56(1)(b)(ii)—delete subparagraph (ii) and substitute:

    (ii)if an electronic certificate of compliance is issued by a registered electrical worker other than under subparagraph (i), the registered electrical worker must—

    (A)before the electrical installation is made available for energisation, complete the electronic certificate of compliance to the extent required by the Technical Regulator under regulation 57; and

    (B)within 30 days after the electrical installation was made available for energisation, provide the electronic certificate of compliance to—

    •the Technical Regulator; and

    •the owner or operator of the installation;

  3. Regulation 56(1)(d)—delete "paragraphs (b) and (c)" and substitute:

    paragraph (b)

  4. Regulation 56(1)(e)—delete "paragraphs (b) and (c)" and substitute:

    paragraph (b)

  5. Regulation 56(1b)—delete "subregulation (1)(b)(i)(A)" and substitute:

    subregulation (1)(b)

  6. Regulation 56(1b)(a)—delete "complete and issue" and substitute:

    complete, or complete and issue, (as the case requires)

  7. Regulation 56(1b)(b)—delete "complete and issue" and substitute:

    complete, or complete and issue, (as the case requires)

9—Amendment of regulation 64—Work in proximity to conductors etc

  1. Regulation 64—after subregulation (2) insert:

    (2a)In addition, an employee or contractor engaged by ElectraNet Pty Ltd (ACN 094 428 416) may work within the approach limits if they comply with the requirements relating to safe approach distances between persons and electrical apparatus set out in the ENA NENS 04-2006—National guidelines for safe access to electrical and mechanical apparatus (as in force from time to time) published by Standards Australia.

  2. Regulation 64(3), table—after the last row of the table insert:

330 kV

7.0

7.0

5.0

3.7

10—Substitution of regulations 68 and 69

Regulation 68—delete regulations 68 and 69 and substitute:

68—Rescue and resuscitation training

Persons required to carry out, or to help in carrying out, electrical work must undergo suitable training annually to ensure their continued competency in rescue and resuscitation.

69—Suitability of testing instruments

(1)If tests are required to be performed on electricity infrastructure, an electrical installation or safety equipment under the Act—

(a)the testing instruments used must be designed for and capable of correctly performing the required tests; and

(b)each testing instrument must be tested and calibrated to ensure it is in proper working order.

(2)The records of tests performed on, and calibration of, testing instruments must be kept—

(a)in the case of testing instruments purchased before the commencement of this subregulation—for at least 2 years;

(b)in any other case—for at least 5 years.

11—Amendment of regulation 73—Safety, reliability, maintenance and technical management reports

  1. Regulation 73(1)—delete "A person to whom this Division applies" and substitute:

    Subject to subregulation (4), a person

  2. Regulation 73(3)—delete "A person to whom this Division applies" and substitute:

    Subject to subregulation (4), a person who owns or operates electricity infrastructure

  3. Regulation 73(4)—delete subregulation (4) and substitute:

    (4)This regulation applies to a person exempted from the requirement to hold a licence under section 23 of the Act only to the extent specified by the Technical Regulator by notice in writing to the person (but nothing in this subregulation affects the application of this regulation (according to its terms) to a person to whom this Division applies).

12—Insertion of regulation 76A

After regulation 76 insert:

76A—Preparation and approval of metering installation procedures

A metering provider must—

(a)prepare, maintain and periodically revise metering installation procedures in relation to meters installed by or on behalf of the metering provider; and

(b)obtain the approval of the Technical Regulator to the procedures and any revision.

Schedule 1—Transitional provision

1—Transitional provision

Despite regulation 76A of the Electricity (General) Regulations 2012 (as inserted by regulation 12), a metering provider is not required to comply with that regulation until 6 months after the commencement of this clause.

Editorial note—

As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 29 June 2023

No 58 of 2023

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