Electricity (General) Variation Regulations 2017 (SA)

Case

South Australia

Electricity (General) Variation Regulations 2017

under the Electricity Act 1996

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Electricity (General) Regulations 2012

4            Insertion of regulation 13A

13A         Functions of Technical Regulator—technical and safety standards relating to switching

5            Variation of regulation 46—Quality of electricity supply

6            Variation of regulation 64—Work in proximity to conductors etc

7           Variation of regulation 72—Safety, reliability, maintenance and technical management plans

8            Variation of regulation 86—Placement of materials in proximity to substations

Part 1—Preliminary

1—Short title

These regulations may be cited as the Electricity (General) Variation Regulations 2017.

2—Commencement

These regulations will come into operation on the day on which the Statutes Amendment (Electricity and Gas) Act 2017 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Electricity (General) Regulations 2012

4—Insertion of regulation 13A

After regulation 13 insert:

13A—Functions of Technical Regulator—technical and safety standards relating to switching

(1)For the purposes of section 8(d) of the Act, the Technical Regulator has (in addition to the Technical Regulator's functions and powers under the Act) the function of making technical and safety standards relating to switching in connection with the safe operation of a transmission or distribution network, including in relation to electricity infrastructure or an electrical installation connected to, or used in connection with, a transmission or distribution network (the switching manual).

(2)In addition, the switching manual may provide for any other matter relating to switching that the Technical Regulator considers appropriate.

(3)The Technical Regulator may vary or revoke the switching manual.

(4)A relevant entity must, in accordance with the switching manual—

(a)provide such information and assistance as is required by the Technical Regulator for the purposes of preparing and maintaining the switching manual; and

(b)prepare and maintain a manual (an internal switching manual) which—

(i)specifies the technical requirements of the relevant entity in relation to switching; and

(ii)is consistent with the switching manual; and

(iii)addresses all matters set out in the switching manual relevant to the operations of the relevant entity; and

(c)ensure that any person with whom the relevant entity enters into—

(i)a connection agreement relating to network services provided by the relevant entity; or

(ii)an agreement to perform work to which the switching manual relates for the relevant entity,

is required under the agreement to comply with the relevant entity's internal switching manual.

(5)The Technical Regulator may, before making, varying or revoking the switching manual, consult with such representative bodies and participants in the electricity supply industry as the Technical Regulator considers appropriate.

(6)The Technical Regulator must—

(a)give notice of the making, variation or revocation of the switching manual to each electricity entity to which the switching manual applies; and

(b)ensure that a copy of the switching manual (as in force from time to time) is published on a website determined by the Technical Regulator.

(7)The switching manual, or a variation or revocation of the switching manual, takes effect from a date fixed by the Technical Regulator and the Technical Regulator must—

(a)give notice of the date fixed to each electricity entity given notice of the making, variation or revocation under subregulation (6)(a); and

(b)publish notice of the date fixed on a website determined by the Technical Regulator.

(8)The switching manual published by the Technical Regulator may—

(a)be of general or limited application; and

(b)provide that a matter or thing in respect of which the switching manual applies is to be determined according to the discretion of the Technical Regulator, or any other person determined or approved by the Technical Regulator; and

(c)provide for exemptions to be granted (with or without conditions) by the Technical Regulator, or any other person authorised by the Technical Regulator; and

(d)apply, adopt or incorporate, with or without modification, any code, standard or other document prepared or approved by a body or authority referred to in the switching manual as in force from time to time or as in force at a specified time.

(9)If a code, standard or other document is applied, adopted or incorporated in the switching manual—

(a)a copy of the code, standard or other document must be published on a website determined by the Technical Regulator; and

(b)in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document apparently certified by or on behalf of the Technical Regulator as a true copy of the code, standard or other document.

(10)The Commission—

(a)is required to impose a condition on a relevant licence that the licence holder comply with the requirements in subregulation (4), in accordance with section 21(2) of the Act (so that a failure to do so will constitute a contravention of a condition of the licence); and

(b)is to vary conditions of a relevant licence to ensure that the licence holder comply with the requirements in subregulation (4), in accordance with section 27(1) of the Act (so that a failure to do so will constitute a contravention of a condition of the licence).

(11)In this regulation—

internal switching manual—an internal switching manual is a manual prepared by an electricity entity under subregulation (4)(b);

relevant entity means the holder of a relevant licence or a person exempted from the requirement to hold such a licence;

relevant licence means any of the following licences under the Act:

(a)a licence authorising the generation of electricity;

(b)a licence authorising the operation of a transmission or distribution network;

(c)a licence authorising system control over a power system;

switching manual—the switching manual is the manual prepared by the Technical Regulator under subregulation (1).

5—Variation of regulation 46—Quality of electricity supply

Regulation 46(b) and (c)—delete "AS/NZS 6100" wherever occurring and substitute in each case:

AS/NZS 61000

6—Variation of regulation 64—Work in proximity to conductors etc

  1. Regulation 64(3), table, column relating to "Approach limit D"—delete "1.2" and substitute:

    1.5

  2. Regulation 64(3), table, column relating to "Approach limit D"—delete "2.0" and substitute:

    2.6

7—Variation of regulation 72—Safety, reliability, maintenance and technical management plans

  1. Regulation 72(1)(a)—delete "dealing with matters prescribed by subregulation (2);" and substitute:

    (i)in the case of an exemption which authorises the operation of solely generating plant to which AS 5577 does not apply—dealing with matters prescribed by subregulation (2); or

    (ii)in any other case—dealing with matters prescribed by subregulation (2a);

  2. Regulation 72(2)—delete "sections 22(1)(c) and 23(1)(c)" and substitute:

    section 22(1)(c)

  3. Regulation 72(2)—after "plan" insert:

    of a person to whom this Division applies in relation to a licence or exemption which authorises the operation of solely generating plant to which AS 5577 does not apply

  4. Regulation 72(2)—after paragraph (f) insert:

    (fa)the preparation and maintenance of an internal switching manual that complies with the switching manual prepared by the Technical Regulator under regulation 13A;

  5. Regulation 72—after subregulation (2) insert:

    (2a)For the purposes of sections 22(1)(c) and 23(1)(c) of the Act, the following are matters that must be dealt with by a safety, reliability, maintenance and technical management plan of a person to whom this Division applies (other than a person to whom this Division applies in relation to a licence or exemption which authorises the operation of solely generating plant to which AS 5577 does not apply):

    (a)the preparation and maintenance of an Electricity Network Safety Management System in accordance with the requirements of AS 5577;

    (b)the matters prescribed in paragraphs (b), (f), (fa), (h) and (i) of subregulation (2).

8—Variation of regulation 86—Placement of materials in proximity to substations

Regulation 86(2)—delete subregulation (2)

Note—

As required by section 10AA(2) of the Subordinate Legislation 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 17 October 2017

No 292 of 2017

MMRE15/12CS

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