Electricity (Licensing) Amendment Regulations (No. 2) 2017 (WA)

14 November 2017 GOVERNMENT GAZETTE, WA 5597

These regulations are the Electricity (Licensing) Amendment
Regulations (No. 2) 2017.

CONSUMER PROTECTION

C P301

Electricity Act 1945

Electricity (Licensing) Amendment Regulations

(No. 2) 2017

Made by the Governor in Executive Council.

1.   Citation

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2.            Commencement

These regulations come into operation as follows -

(a)	regulations 1 and 2—on the day on which these regulations are published in the Gazette (azettal day);
(b)	the rest of the regulations - on the day after the period of 6 months beginning on gazettal day.

3.            Regulations amended

These regulations amend the Electricity (Licensing)
Regulations 1991.

4.            Regulation 3 amended

(1)	In regulation 3(1) delete the definitions of:
electrical installation network operator WA Electrical Requirements
(2)	In regulation 3(1) insert in alphabetical order:

de-energised, in relation to a part of an electrical
installation, means separated from each supply of
electricity to the part in such a way that the part cannot
be inadvertently energised;

electrical installation means -

(a) an installation; or

(b)	the network of an exempt operator, other than an exempt operator that is a major network operator; or
(c)	the network of a person who is a network operator under the Electricity (Network Safety) Regulations 2015 regulation 4(1)(h);
energised, in relation to a part of an electrical

installation, means connected to a supply of electricity
to the part, whether or not electricity is flowing through
any part of that part;
major network operator means a person who is a
network operator under the Electricity (Network Safety)
Regulations 2015 regulation 4(1 )(a), (b), (c), (d), (e),
(f) or (g);
network has the meaning given in the Electricity
(Network Safety) Regulations 2015 regulation 3(1);

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5.            Regulation 19 amended

In regulation 19(2):

(a) in paragraph (c) before network operator" insert:

major

(b) in paragraph (e) delete "network operator service apparatus" and insert:

service apparatus of a major network operator

6.            Part 5 Division 1 heading inserted

At the beginning of Part 5 insert:

Division I - General regulation of electrical work

7.            Regulation 49 amended

Delete regulation 49(1)(b) and insert:

(b) the WA Electrical Requirements issued by the
Director in December 2015 and published in
the Gazette on 19 January 2016 at pages 141 to
193; and

8.            Part 5 Division 2 inserted

At the end of Part 5 insert:

Division 2 - Regulation of electrical work on energised

electrical installations

54A. Interpretation

(1) In this Division -
competent person has the meaning given in the
Occupational Safety and Health Regulations 1996
regulation 1.3;
risk assessment, in relation to electrical work to be
carried Out on or near an energised part of an electrical
installation, means the process of—

(a)	identifying the electrical hazards to which a person carrying Out the work is likely to be exposed; and
(b)	assessing the risk of injury or harm, resulting from those hazards, to the person who will carry out the work.

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(2)	For the purposes of this Division, a person carries out electrical work near an energised part of an electrical installation if, in carrying out the work, the person may
make contact, directly or indirectly (including with a thing used or controlled by the person), with an uninsulated energised part of the electrical installation.
(3)	For the purposes of this Division -

(a)	a part of an electrical installation is taken to be energised unless it is de-energised; and
(b)	the neutral for a part of an electrical installation is taken to be de-energised if the part is de-energised.

54B.	Application of regulation 55 in relation to certain network operators
(1)	Regulation 55 does not apply to electrical work carried out on or near the service apparatus of a major network operator if the work is carried out by or on behalf of
the network operator.
(2)	Regulation 55 applies in relation to the networks of the following network operators as if regulation 55(2)(b)(i) were deleted -

(a)	a person who is a network operator under the Electricity (Network Safety) Regulations 2015 regulation 4(1 )(h);
(b)	an exempt operator who is exempt under the Electricity Industry Exemption Order 2005 clause 13 or 17.

55.	Electrical work on or near energised electrical installations
(1)	A person who carries out electrical work, or causes
electrical work to be carried Out, on or near an
energised part of an electrical installation commits an offence unless the person carries Out the work, or causes the work to be carried out, under subregulation (2).
(2)	A person may carry Out electrical work, or cause electrical work to be carried out, on or near an energised part of an electrical installation if—

(a)	a risk assessment has been undertaken by a competent person who is familiar with the type of work to be carried out; and
(b)	the competent person is satisfied that -

(i)      there is no reasonable alternative to carrying Out the work while the part of the electrical installation is energised; and

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(ii)     the risks identified by the risk assessment are or can be reduced to as low as reasonably practicable; and

(iii)     the work can be carried out safely;

and

(c) if Occupational Safety and Health
Regulations 1996 regulation 3.143 does not
apply to the work, a safe work method

the accordance with regulation 3.143(4) of those regulations, as if the work were high-risk construction work and the place where the work is to be carried Out were a construction site; and

(d) suitable safety and personal protective equipment is used by the person carrying out the work.

(3) For the purposes of subregulation (2)(b)(i), there is no
reasonable alternative to carrying Out the work while
the part of the electrical installation is energised if one
of the following applies -

(a)	it is necessary that the part of the installation be energised for the work to be carried Out effectively;
(b)	it is necessary that the part of the installation be energised because carrying Out the work by alternative means would put the health or safety of one or more persons in imminent and significant danger;
(c)	it is necessary that the part of the installation be energised in order to test, measure the performance of, or detect or locate faults or defects in, the installation or the part of the
installation.

(4) An electrical contractor or the holder of an in-house
electrical installing work licence who carries Out
electrical work, or causes electrical work to be carried
out, under subregulation (2) commits an offence unless
they ensure, as far as is practicable, that -

(a) if the Occupational Safety and Health
Regulations 1996 regulation 3.143 does not
apply to the work -

(i)     the work is carried Out in accordance with the safe work method statement referred to in subregulation (2)(c); and

(ii)     if the work is not carried Out in accordance with the statement, the work ceases (when safe to do so) and does not

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resume until the safe work method

statement is complied with;

and

(b) the safety and personal protective equipment
referred to in subregulation (2)(d) is used
properly by the person carrying out the work.

N. HAGLEY, Clerk of the Executive Council.