Electricity (Network Safety) Amendment Regulations 2021 (WA)

5542   GOVERNMENT GAZETTE, WA 17 December 2021

ENERGY

EN301

Electricity Act 1945

Electricity (Network Safety) Amendment

Regulations 2021

SL 2021/218

Made by the Governor in Executive Council.

1.   Citation

Regulations 2015.

These regulations are the Electricity (Network Safety)

Amendment Regulations 2021.

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;
(b)	the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Electricity (Network Safety)

17 December 2021 GOVERNMENT GAZETTE, WA 5543

4.            Regulation 3 amended

(1) In regulation 3(1) insert in alphabetical order:

adequate has a meaning affected by subregulation (5);
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;
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
Electrotecimical Commission;
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

(a)	the likelihood of the hazard or the risk concerned occurring; and
(b)	the degree of harm that might result from the hazard or the risk; and
(c)	what the person concerned knows, or ought reasonably to know, about

(i)     the hazard or the risk; and

(ii)     ways of eliminating or minimising the hazard or the risk;

and

(d)	the availability and suitability of ways to
eliminate or minimise the hazard or the risk;
and
(e)	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;

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);

5544 GOVERNMENT GAZETTE, WA 17 December 2021

(2) In regulation 3(1) in the definition of network:

(a)	in paragraph (a) delete "operator; and" and insert:
operator, including storage works connected to the transmission works, other than storage works that are not part of the transmission works; and
(b)	in paragraph (b)(i) delete "that are" (Pt occurrence);
(c)	in paragraph (b)(i) delete "and that are" and insert:

that are

(d) after paragraph (b)(i) insert:

(ia) storage works connected to the

distribution works, other than storage
works that are not part of the

distribution works; and

(e) after paragraph (b) insert:

(ba) stand-alone power systems operated by a

network operator; and

(f) in paragraph (c) delete "(a) or (b)" and insert:

(a), (b) or (ha)

(3)	In regulation 3(1) in the definition of prescribed activity delete "design,".
(4)	In regulation 3(4) delete "within 6 metres of the network." and insert:
at the site at which the network is located or is being constructed.
(5)	After regulation 3(4) insert:
(5)  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.
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GOVERNMENT GAZETTE, WA

5.            Regulation 4 amended

(1)	In regulation 4(1)(f) delete "BHP Billiton Iron Ore Pty. Ltd." and insert:
BHP Iron Ore Pty Ltd
(2)	In regulation 4(2):

(a) in paragraph (b) delete "Nippon Steel & Sumikin Resources Australia Pty. Ltd." and insert:

Nippon Steel Raw Materials Australia Pty Ltd

(b) in paragraph (c) delete "Nippon Steel & Sumitomo Metal Australia Pty Ltd" and insert:

Nippon Steel Australia Pty. Limited

(3) In regulation 4(3)(a) delete "Billiton".

6.            Regulation 5A inserted

At the beginning of Part 2 Division 1 insert:

5A.	Duty of network operator to ensure safety of network
(1)	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.

(2) A network operator contravenes subregulation (1) if the
network operator fails to

(a) develop, implement and maintain adequate

(i) design standards and construction
procedures for the network; or

(ii)     plans and procedures for the inspection, testing, maintenance and replacement of the network or parts of it; or

(iii)     operating standards and procedures for the operation of the network;

or

(b) regularly review the design, engineering and
operation of the network for safety and
effectiveness, in accordance with good industry
practice.

5546 GOVERNMENT GAZETTE, WA 17 December 2021

(3)	Subregulation (2) does not limit the generality of subregulation (1).
(4)	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.
(5)	A network operator must

(a)	maintain adequate records of the location of the network; and
(b)	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.

7. Regulation 6 amended
In regulation 6(2):

(a)	delete paragraph (b);
(b)	in paragraph (d) delete "design of the network; or" and insert:
plans, procedures and standards referred to in regulation 5A(2)(a); or
(c)	in paragraph (f) delete "the design, engineering and operation of the network, and";
(d)	in paragraph (f) delete "network," (2w' occurrence) and insert:
network

8. Regulation 7 amended
In regulation 7(2)(a) delete "activity carried out" and insert:

activities carried out by those persons

17 December 2021 GOVERNMENT GAZETTE, WA 5547

9.            Regulation 16 amended

In regulation 16(1) delete "regulation 6." and insert:

regulations 5A and 6.

Note: The heading to amended regulation 16 is to read:

Compliance with safety management system evidence of compliance with regulation 5A, 6 or 7

10.          Regulation 22 amended

(1)	In regulation 22 delete the definition of good work practice.
(2)	In regulation 22 in the definition of notifiable incident paragraph (a)(vii) and (viii) delete "good work" and insert:
good industry

11.          Schedules 1 and 2 replaced

Delete Schedules 1 and 2 and insert:

Schedule 1 - Standards and codes containing

evidentiary provisions

[r. 17]

Division 1 - General

Code of Practice for Safe Low Voltage Work Practices by Electricians, published by the Director in December 2017.

Utility Providers Code of Practice for Western Australia, produced by the Utility Providers Services Committee and applicable from

1 March 2018.

WA Electrical Requirements, published by the Director in
December 2019.

AS 2676.1:2020 Guide to the installation, maintenance, testing and replacement of secondary batteries in buildings Part 1: Vented cells.

AS 2676.2:2020 Guide to the installation, maintenance, testing and

replacement of secondary batteries in buildings Part 2: Sealed cells.

AS 5577-2013 Electricity network safety management systems.

AS/NZS 3000:2018 Electrical installations (known as the
Australian/New Zealand Wiring Rules).

AS/NZS 3013:2005 Electrical installations - Classification of the fire and mechanical performance of wiring system elements.

AS/NZS 3100:2017 Approval and test specification - General requirements for electrical equipment.

5548 GOVERNMENT GAZETTE, WA 17 December 2021

AS/NZS 60479.1:2010 Effects of current on human beings and

livestock Part 1: General aspects.

ENA Doe 008-2006 National guidelines on electrical safety for emergency service personnel.

ENA Doe 0 15 -2006 National guidelines for prevention of unauthorised access to electricity infrastructure.

ENA Doe 018-2015 Guideline for the fire protection of electricity substations.

ENA Doe 044-2020 Guideline for energised low voltage work.

Division 2 - Overhead lines

Code of Practice for Personnel Electrical Safety for Vegetation
Control Work Near Live Power Lines, published by the Director in

May 2021.

AS/NZS 1768:2007 Lightning protection.

AS 3891.1:2021 Air navigation Cables and their supporting structures Marking and safety requirements Part 1: Marking of overhead cables and supporting structures.

AS 3891.2:2018 Air navigation Cables and their supporting structures Marking and safety requirements Part 2: Low level aviation operations.

Division 3 - Switchyards, substations and power stations

AS 1319-1994 Safety signs for the occupational environment.

AS 62271.1:2019 High-voltage switchgear and controlgear Part 1: controlgear (IEC 62271-1:2017 MOD).

AS 2865-2009 Confined spaces.

AS 60076.1:2014 Power transformers - Part 1: General (IEC

60076-1, Ed. 3.0 (2011) MOD).

AS 60076.11-2006 Power transformers - Part 11: Dry-type transformers.

ENA Doe 007-2006 Specification for polemounting distribution transformers.

Division 4— Underground cables

AS 2832.1:2015 Cathodic protection of metals - Part 1: Pipes and cables.

AS/NZS 2648.1:1995 Underground marking tape - Part 1:
Non-detectable tape.

17 December 2021	GOVERNMENT GAZETTE, WA	5549
Division 5— Power coordination

AS/NZS 3835.1:2006 Earth potential rise - Protection of
telecommunications network users, personnel and plant - Part 1:

Code of practice.

AS/NZS 3835.2:2006 Earth potential rise - Protection of
telecommunications network users, personnel and plant - Part 2:
Application guide.

HB 100-2000 (CJC 4) Coordination of power and telecommunications - Manual for the establishment of safe work practices and the minimisation of operational interference between power systems and paired cable telecommunications systems.

HB 10 1-1997 (CJC 5) Coordination of power and telecommunications - Low Frequency Induction (LFI) - Code of practice for the mitigation of hazardous voltages induced into telecommunications lines.

HB 102-1997 (CJC 6) Coordination of power and
telecommunications - Low Frequency Induction (LFI) -

Application guide to the LFI code.

HB 103-1997 (CJC 7) Coordination of power and
telecommunications - Crossings Code: The arrangement of overhead
power and telecommunications lines, pole stay wires, and suspension

wires.

Schedule 2 - Standards and codes containing

obligatory provisions

[r. 17]

Division 1 - General

AS 1882-2002 Earth and bonding clamps.

AS 2067:2016 Substations and high voltage installations exceeding lkVa.c.

AS 3011.1:2019 Electrical installations - Secondary batteries

installed in buildings - Part 1: Vented cells.

AS 3011.2:2019 Electrical installations - Secondary batteries installed in buildings - Part 2: Sealed cells.

AS 3851-1991 The calculation of short circuit currents in three-phase a.c. systems.

AS/NZS 3863:2002 Galvanised mild steel wire for armouring cables.

AS 4741-2010 Testing of connections to low voltage electricity networks.

AS/NZS 4836:2011 Safe working on or near low-voltage electrical installations and equipment.

AS 60529-2004 Degrees of protection provided by enclosures
(IP Code).

5550 GOVERNMENT GAZETTE, WA 17 December 2021

ENA DOC 003-2021 (NENS 03) National guidelines for safe access to electrical and mechanical apparatus.

ENA Doe 025 -20 10 EG-0 Power system earthing guide Part 1:

Management principles, version 1.

ENA Doe 042-2018 National guidelines for manual reclosing of high
voltage electrical apparatus following a fault operation (Manual

Reclose Guidelines).

ENA Doe 044-2020 Guideline for energised low voltage work.

ENA NENS 04-2006 National guidelines for safe approach distances to electrical and mechanical apparatus.

ENA NENS 08-2006 National guidelines for aerial surveillance of overhead electricity networks.

ENA NENS 09-2014 National guideline for the selection, use and maintenance of personal protection equipment for electrical arc hazards.

IEC 61914:2015 Cable cleats for electrical installations.

Division 2 - Overhead lines

AS 1222.1-1992 Steel conductors and stays	Bare overhead
Part 1: Galvanised (SC/GZ).
AS 1222.2-1992 Steel conductors and stays	Bare overhead
Part 2: Aluminium clad (SC/AC).
AS 1531-1991 Conductors Bare overhead	Aluminium and
aluminium alloy.
AS 1720.1-2010 Timber structures Part 1:	Design methods.
AS 1720.2-2006 Timber structures Part 2:	Timber properties.
AS 1746-1991 Conductors Bare overhead	Hard drawn copper.
AS/NZS 2878:2000 Timber Classification	into strength groups.
AS 3600:2018 Concrete structures.
AS 3607:1989 Conductors	Bare overhead, aluminium and
aluminium alloy Steel rei	nforced.

AS 3818.11-2009 Timber— Heavy structural products Visually graded Part 11: Utility p0 les.

AS 4100:2020 Steel structures.

AS 5804.1-2010 High-voltage live working Part 1: General.

AS 5804.2-2010 High-voltage live working - Part 2: Glove and barrier work.

AS 5804.3-2010 High-voltage live working - Part 3: Stick work.
AS 5804.4-2010 High-voltage live working - Part 4: Barehand work.
AS 6947-2009 Crossing of waterways by electricity infrastructure.
AS/NZS 7000:2016 Overhead line design.

17 December 2021	GOVERNMENT GAZETTE, WA	5551
Division 3— Underground cables

AS/NZS 1026:2004 Electric cables - Impregnated paper insulated -
For working voltages up to and including 19/33 (36) W.

AS/NZS 1125:2001 Conductors in insulated electric cables and flexible cords.

AS/NZS 1429.1:2006 Electric cables Polymeric insulated
Part 1: For working voltages 1.9/3.3 (3.6) kV up to and including

19/33 (36) W.

AS/NZS 1429.2:2009 Electric cables Polymeric insulated
Part 2: For working voltages above 19/33 (36) kV up to and including

87/150 (170) W.

AS/NZS 3008.1.1:2017 Electrical installations	Selection of
cables	Part 1.1: Cables for alternating voltages up to and including
0.6/1 kV	Typical Australian installation conditions.
Division 4 - Switchgear and protection

AS 1033.1-1990 High voltage fuses (for rated voltages exceeding

1000 V) Part 1: Expulsion type.

AS 1033.2-1988 High voltage fuses (for rated voltages exceeding

1000 V)	Part 2: Current-limiting (powder-filled) type.
AS 1307.2-1996 Surge arresters without gaps for a.c. systems.	Part 2: Metal-oxide surge arresters

AS/NZS 60137:2020 Insulated bushings for alternating voltages above 1000 V (IEC 60137:2017 (ED.7.0) MOD).

AS/NZS 60265.1:2001 High-voltage switches Part 1: Switches for
rated voltages above 1 kV and less than 52 kV (IEC 60265-1:1998,

MOD).

AS 60296:2017 Fluids for electrotechnical applications Unused
mineral insulating oil for transformers and switchgear

(IEC 60296:2012, MOD).

AS/NZS IEC 60947.1:2015 Low-voltage switchgear and
controlgear	Part 1: General rules.

AS/NZS 61439.1:2016 Low-voltage switchgear and controlgear

assemblies Part 1: General rules.

AS/NZS 61439.2:2016 Low-voltage switchgear and controlgear assemblies Part 2: Power switchgear and controlgear assemblies.

AS/NZS 61439.3:2016 Low-voltage switchgear and controlgear assemblies Part 3: Distribution boards intended to be operated by ordinary person (DBO).

AS/NZS 61439.4:2016 Low-voltage switchgear and controlgear assemblies - Part 4: Particular requirements for assemblies for construction sites (ACS).

AS/NZS IEC 61439.5:2016 Low-voltage switchgear and controlgear assemblies - Part 5: Assemblies for power distribution in public networks.

5552 GOVERNMENT GAZETTE, WA 17 December 2021

AS 61869.1:2021 Instrument transformers Part 1: General requirements (IEC 61869-1:2007 (ED. 1.0) MOD).

AS 61869.2:2021 Instrument transformers Part 2: Additional
requirements for current transformers (IEC 61869-2:2012 (ED 1.0)

MOD).

AS 61869.3:2021 Instrument transformers Part 3: Additional
requirements for inductive voltage transformers (IEC 61869-3:2011

(ED. 1.0) MOD).

AS 61869.4:2021 Instrument transformers Part 4: Additional
requirements for combined transformers (IEC 61869-4:2013 (ED. 1.0)

MOD).

AS 61869.5:2021 Instrument transformers Part 5: Additional
requirements for capacity voltage transformers (IEC 61869-5:2011

(ED 1.0) MOD).

AS 62271.100:2019 High-voltage switchgear and controlgear
Part 100: High-voltage alternating-current circuit-breakers
(IEC 62271-100:2008+AMD1:2012+AMD2:2017 CSV

(ED.2.2)/COR 1:2018, MOD).

AS 62271.102:2019 High-voltage switchgear and controlgear
Part 102: Alternating current disconnectors and earthing switches

(IEC 62271-102:2018, MOD).

AS IEC 62271.105:2015 High-voltage switchgear and controlgear voltages above 1 kV up to and including 52 W.

AS 62271.110:2019 High-voltage switchgear and controlgear
Part 110: Inductive load switching (IEC 62271-110:2017

(ED 4.0)/COR 1:2017/COR 2:2018, MOD).

AS 62271.200:2019 High-voltage switchgear and controlgear
Part 200: A.C. metal enclosed switchgear and controlgear for rated
voltages above 1 kV and up to and including 52 kV

(IEC 62271-200:201 1/COR 1:2015, MOD).

AS 62271.201:2019 High-voltage switchgear and controlgear

Part 201: A.C. insulation enclosed switchgear and controlgear for

rated voltages above 1 kV and up to and including 52 kV

(IEC 62271-201:2014, MOD).

AS 62271.202:2019 High-voltage switchgear and controlgear
Part 202: High-voltage/low-voltage prefabricated substation
(IEC 62271-202:2014, MOD).

AS 62271.203-2012 High-voltage switchgear and controlgear above 52 W.

AS IEC 62271.4:2015 High-voltage switchgear and controlgear mixtures.

17 December 2021 GOVERNMENT GAZETTE, WA 5553

12.     Various penalties amended

In the provisions listed in the Table delete "Penalty:" and insert:

Penalty for this subregulation:

Table

r. 6(1) and (4)	r. 7(1)
r. 8(1)	r. 9(2), (4) and (5)
r. 13(1)	r. 14(1) and (2)
r. 15(1),(2) and (3)	r. 19(1) and (2)
r. 21(1) and (2)	r. 23(1), (2), (3), (4) and (6)
r. 24(1)	r. 25(2), (3) and (4)
r. 26(3)	r. 31(1) and (5)
r. 32(2) and (5)	r. 41(2), (3), (4) and (5)

V.MOLAN, Clerk of the Executive Council.