Electricity Supply Act 1995 - Electricity Supply (General) Amendment (Tree Preservation) Regulation 2000 (2000-136) [GG No 42 of 31.3.2000, p 2622] (NSW)
2000 No 136
| Electricity Supply (General) | New South Wales |
Amendment (Tree Preservation)
Regulation 2000
under the
Electricity Supply Act 1995
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Electricity Supply Act 1995.
KIM YEADON, M.P.,
Minister for Energy
Explanatory note
The object of this Regulation is to repeal the Electricity (Tree Preservation) Regulation 1995 and to remake the provisions of that repealed Regulation, without any changes in substance, as part of the Electricity Supply (General) Regulation 1996.
The remade provisions prevent an electricity distributor from removing trees or trimming trees in a way that substantially damages them unless there is no feasible alternative to taking that action. The provisions also enable an electricity distributor to develop a tree management plan in consultation with relevant councils and the community. Such a plan will provide for the trimming, and the removal and replacement, of certain species of trees.
Electricity Supply Act 1995
This Regulation is made under the , including under Part 3 of the Subordinate Legislation Act 1989.
section 106 (1) (h).
| Published in Gazette No 42 of 31 March 2000, page 2622 | Page 1 |
| [8] | |
| 2000 No 136 | |
| Clause 1 | Electricity Supply (General) Amendment (Tree Preservation) Regulation 2000 |
Electricity Supply (General) Amendment (Tree
Preservation) Regulation 2000
1 Name of Regulation
This Regulation is the Electricity Supply (General) Amendment
(Tree Preservation) Regulation 2000.
2 Amendment of Electricity Supply (General) Regulation 1996
The Electricity Supply (General) Regulation 1996 is amended as set out in Schedule 1.
3 Repeal
The Electricity (Tree Preservation) Regulation 1995 is repealed.
4 Notes
The explanatory note does not form part of this Regulation.
2000 No 136
Electricity Supply (General) Amendment (Tree Preservation) Regulation
2000
| Amendment | Schedule 1 |
| Schedule 1 | Amendment |
(Clause 2)
Part 9
Insert after Part 8:
Part 9 Tree preservation
45 Object and application of Part
(1) The object of this Part is to regulate the removal and trimming of trees by electricity distributors so as to minimise damage to or destruction of trees growing under or near powerlines.
(2)
This Part applies only to the extent to which an electricity distributor may lawfully remove or trim trees apart from this Part (which it may do, for example, on behalf of a council) and does not itself authorise the removal or trimming of trees.
46 Definitions
In this Part:
powerlines includes structures and equipment used for or in
connection with the supply of electricity by an electricity
distributor.
tree means a tree taller than 3 metres, or having a canopy
more than 3 metres in maximum diameter or having a trunk
with a circumference at a height of 1 metre from the ground
of more than 0.3 metres.
tree management plan means a tree management plan
referred to in clause 48.47 Preservation of trees
(1)
An electricity distributor must not remove any tree, or trim any tree in a way that substantially damages the tree, unless:
2000 No 136
Electricity Supply (General) Amendment (Tree Preservation) Regulation
2000
| Schedule 1 | Amendment |
(a)
it is of the opinion that it is necessary to do so to protect its powerlines or the safety of persons or property under or near its powerlines, and
(b)
it has considered alternative methods and is of the opinion that none of those methods are feasible in the circumstances (including economically feasible), and
(c)
the distributor is acting in accordance with a tree management plan.
(2) Alternative methods include, but are not limited to, the use of aerial bundled cables, the controlled trimming of trees and the appropriate location or relocation of powerlines (including placing them underground). 48 Tree management plans
(1)
An electricity distributor may establish a tree management plan for the trimming, or for the staged removal and replacement, of those species of trees that have a propensity to interfere with powerlines.
(2) A tree management plan may contain (but need not be limited to) the following matters:
(a)
lists of suitable species of trees for planting under or near powerlines in different localities or situations,
(b)
plans for trimming or removing and replacing existing trees and for controlling future planting of suitable species of trees,
(c) trimming or removing trees in an emergency, (d) methods for trimming trees, (e) the use of accredited contractors for trimming trees, (f)
the intended allocation of costs between the electricity distributor and the relevant council or councils for the district in which the plan is to operate,
(g)
the environmental factors to be considered in trimming trees,
(h)
the development of public education and publicity programs encouraging the selection of appropriate species of trees for planting under or near powerlines.
2000 No 136
Electricity Supply (General) Amendment (Tree Preservation) Regulation
2000
| Amendment | Schedule 1 |
(3) A tree management plan may make different provision with respect to public land, private land, urban land and rural land. (4) A tree management plan may be amended by a subsequent
tree management plan.49 Consultation with councils and the public
A tree management plan is to be prepared in a way that gives an opportunity to comment on the proposed plan to the relevant council or councils for the district in which it is to operate, to the residents of the district and to local community groups.
BY AUTHORITY
0
0
0