Electricity (Principles of Vegetation Clearance) Variation Regulations 2007 (SA)

Case

South Australia

Electricity (Principles of Vegetation Clearance) Variation Regulations 2007

under the Electricity Act 1996

Contents

Part 1—Preliminary

  1. Short title

  2. Commencement

  3. Variation provisions

Part 2—Variation of Electricity (Principles of Vegetation Clearance) Regulations 1996

  1. Substitution of regulation 8

    8Objections relating to vegetation clearance

  2. Variation of regulation 11—Exemptions from principles of vegetation clearance

  3. Variation of Schedule 1—Clearance and buffer zones around overhead powerlines

  4. Variation of Schedule 2—Planting or nurturing vegetation near public powerlines

Part 1—Preliminary

1—Short title

These regulations may be cited as the Electricity (Principles of Vegetation Clearance) Variation Regulations 2007.

2—Commencement

These regulations will come into operation on the day on which the Statutes Amendment (Electricity and Gas) Act 2006 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 (Principles of Vegetation Clearance) Regulations 1996

4—Substitution of regulation 8

Regulation 8—delete the regulation and substitute:

8—Objections relating to vegetation clearance

(1)An occupier or owner of private land may lodge an objection with the Technical Regulator concerning a matter set out in a notice of intention to enter land to carry out work received from an electricity entity or council under Part 5 of the Act.

(2)An objection under this regulation must—

(a)be made to the Technical Regulator in writing; and

(b)be lodged with the Technical Regulator within 21 days after receipt of the notice to which the objection relates or such further time as the Technical Regulator allows.

(3)The Technical Regulator must, on receipt of an objection, notify the electricity entity or council, as the case may require, of the objection.

(4)On receiving notification of the objection, the electricity entity or council is prohibited from carrying out the clearance of vegetation to which the objection relates until the objection has been determined by the Technical Regulator.

(5)The Technical Regulator may—

(a)dismiss the objection; or

(b)direct the electricity entity or council to take or to refrain from taking any specified action in relation to the matter; or

(c)if the objector and the electricity entity or council have reached an agreement as to how the objection might be resolved, and the agreement does not involve a breach of these regulations—determine the objection so as to reflect the agreement.

(6)The Technical Regulator may dismiss the objection—

(a)on the ground that—

(i)the subject matter of the objection is substantially the same as the subject matter of an objection previously considered; or

(ii)the objection is frivolous or vexatious or without reasonable basis; or

(iii)the objector has not made a reasonable attempt to resolve the matter by agreement with the electricity entity or council; or

(b)if satisfied that the objector and the electricity entity or council have entered into an agreement under regulation 6 that relates to the subject matter of the objection; or

(c)if satisfied for any other reason that the objection should not be allowed.

(7)The Technical Regulator must, as soon as practicable, notify the objector and the electricity entity or council, as the case may require, of the Technical Regulator's determination of the objection.

(8)An electricity entity or council must, when giving notice of an intention to enter private land to carry out work under Part 5 of the Act, include in or with the notice a statement of the rights of the owner or occupier to lodge an objection under this regulation.

5—Variation of regulation 11—Exemptions from principles of vegetation clearance

Regulation 11—after subregulation (4) insert:

(5)A person who contravenes, or fails to comply with, a condition of an exemption under this regulation is guilty of an offence.

Maximum penalty: $5 000.

Expiation fee: $315.

6—Variation of Schedule 1—Clearance and buffer zones around overhead powerlines

  1. Schedule 1, Part A, Diagram A, note 1—after "insulated" insert:

    (eg aerial bundled cables)

  2. Schedule 1, Part A, Diagram C, note 1—delete "This diagram applies" and substitute:

    These diagrams apply

  3. Schedule 1, Part A, Diagram C, note 2—delete "this pole" and substitute:

    the pole

  4. Schedule 1, Part A, Diagram D, note 1—delete "of 33kV or more" and substitute:

    from 33kV to 66kV inclusive

  5. Schedule 1, Part A, Diagram D, note 5—delete "Tables 3 and 4" and substitute:

    Table 3

  6. Schedule 1, Part A, Diagram D.1, D.2 and D.4—after "No ceiling" insert:

    on Clearance Zone

  7. Schedule 1, Part A—after Diagram D insert:

    Diagram E

    1.These diagrams apply to a powerline, the conductors of which are not insulated, constructed to operate at a voltage from 132kV to 275kV inclusive.

    2.Diagram E.1 shows the clearance zone at the pole or other support at the end of each span of the powerline.

    3.Diagram E.2 shows the clearance zone at mid span (as shown in diagrams E.3 and E.4) for each span of the powerline.

    4.Diagrams E.3 and E.4 show the manner in which the clearance zone extends along the length of each span of the powerline.

    5.The values of V, H, S and P are set out in Table 4 in Part D.

    6.The 45° component of the clearance zone is determined as being 3 metres from the 45° cutoff line.

    E.1—At each end of a span

    E.2—Mid span (as shown in diagrams E.3 and E.4)

    E.3—View of clearance zone from above

    E.4—View of clearance zone from side

  8. Schedule 1, Heading to Part B—delete "zone around overhead powerline" and substitute:

    zones around overhead powerlines

  9. Schedule 1, Part B, Diagram A, note 1—after "insulated" insert:

    (eg aerial bundled cables)

  10. Schedule 1, Part B, Diagram C, note 1—delete "This diagram applies" and substitute:

    These diagrams apply

  11. Schedule 1, Part B, Diagram D, note 1—delete "of 33kV or more" and substitute:

    from 33kV to 66kV inclusive

  12. Schedule 1, Part B, Diagram D, note 6—delete "Tables 3 and 4" and substitute:

    Table 3

  13. Schedule 1, Part B, Diagram D.4—after "No ceiling" insert:

    on Clearance Zone

  14. Schedule 1, Part B—after Diagram D insert:

    Diagram E

    1.These diagrams apply to a powerline, the conductors of which are not insulated, constructed to operate at a voltage from 132kV to 275kV inclusive.

    2.Diagram E.1 shows the zones at the pole or other support at the end of each span of the powerline.

    3.Diagram E.2 shows the zones at mid span (as shown in diagrams E.3 and E.4) for each span of the powerline.

    4.Diagrams E.3 and E.4 show the manner in which the clearance zone extends along the length of each span of the powerline.

    5.Although not shown in diagrams E.3 and E.4, the buffer zone as shown in diagrams E.1 and E.2 extends along the length of each span of the powerline.

    6.The values of V, H, S, B and P are set out in Table 4 in Part D.

    7.The 45° component of the clearance zone is determined as being 3 metres inside the buffer zone.

    E.1—At each end of a span

    E.2—Mid span (as shown in diagrams E.3 and E.4)

    E.3—View of clearance zone from above

    E.4—View of clearance zone from side

  15. Schedule 1, Heading to Part C—delete "zone around overhead powerline" and substitute:

    zones around overhead powerlines

  16. Schedule 1, Part C, Diagram A, note 1—after "insulated" insert:

    (eg aerial bundled cables)

  17. Schedule 1, Part C, Diagram B, note 1—delete "These diagrams apply" and substitute:

    This diagram applies

  18. Schedule 1, Part C, Diagrams C.1, C.2 and C.4—after "No ceiling" insert:

    on Clearance Zone

  19. Schedule 1, Part C, Diagrams C.1 and C.2—before "5m plus height of pole" insert:

    Maximum height of buffer zone

  20. Schedule 1, Part C, Diagram D, note 1—delete "fully"

  21. Schedule 1, Part C, Diagrams D.1, D.2 and D.4—after "No ceiling" insert:

    on Clearance Zone

  22. Schedule 1, Part C, Diagrams D.1 and D.2—before "5m plus height of pole" insert:

    Maximum height of buffer zone

  23. Schedule 1, Part C, Diagram E, note 1—delete "fully"

  24. Schedule 1, Part C, Diagram E, note 5—delete "D.1 and D.2" and substitute:

    E.1 and E.2

  25. Schedule 1, Part C, Diagram E, note 6—after "S" insert:

    , B

  26. Schedule 1, Part C, Diagrams E.1, E.2 and E.4—after "No Ceiling" insert:

    on Clearance Zone

  27. Schedule 1, Part C, Diagrams E.1 and E.2—before "5m" insert:

    Maximum height of buffer zone

  28. Schedule 1, Part C, Diagram E.2—delete "& 15ºC"

  29. Schedule 1, Part D, note 5—delete "support" and substitute:

    supports

  30. Schedule 1, Part D, Table 1—delete "1480V" and substitute:

    480V

  31. Schedule 1, Part D, Table 3—delete "33kV to 66kV" and substitute:

    33kV and 66kV

  32. Schedule 1, Part D, Table 4—delete Table 4 and substitute:

Table 4—All conductors operating at voltages of 132kV to 275kV

Voltage

P (All spans)

B (All spans)

Dimension

Span (in metres)

0–100

Over 100-150

Over 150-200

Over 200-250

Over 250-300

Over 300-350

Over 350-400

Over 400-450

Over 450-500

Over 500-550

Over 550-600

Over 600-650

Over 650-700

Over 700-750

Over 750-800

Over 800

132kV

2.5

3.0

V

3.0

3.0

4.0

5.0

5.0

5.0

6.0

6.0

6.0

6.0

6.0

6.0

6.0

6.0

6.0

6.0

H

3.0

4.0

6.0

8.0

10.0

11.0

14.0

17.0

20.0

23.0

28.0

32.0

37.0

41.0

47.0

58.0

S

0

2.0

2.0

4.0

5.0

6.0

8.0

10.0

12.0

14.0

16.0

19.0

22.0

25.0

29.0

36.0

275kV

4.5

3.0

V

4.5

4.5

5.0

6.0

7.0

7.0

7.0

8.0

8.0

8.0

8.0

8.0

8.0

8.0

8.0

8.0

H

4.5

5.0

6.0

7.0

9.0

10.0

11.0

13.0

15.0

17.0

19.0

22.0

24.0

27.0

30.0

37.0

S

1.0

2.0

2.0

3.0

4.0

5.0

6.0

7.0

8.0

10.0

11.0

13.0

15.0

17.0

19.0

24.0

3.5 metre rule

Where the application of the value set out in Table 4 would result in the bottom edge of the clearance zone having a vertical distance from ground level of less than 3.5 metres, the bottom edge of the clearance zone shall have a vertical distance from ground level of 3.5 metres irrespective of the vertical distance it would otherwise have had from ground level by virtue of the value of V.

7—Variation of Schedule 2—Planting or nurturing vegetation near public powerlines

  1. Schedule 2, clause 3, definition of prescribed distance, (a)—delete "10.0" and substitute:

    15.0

  2. Schedule 2, clause 3, definition of prescribed distance, (a)—delete "7.5" and substitute:

    10.0

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's Deputy

after consultation with the Minister for Environment and Conservation and with the advice and consent of the Executive Council

on 19 April 2007

No 36 of 2007

MEN07/005CS

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