Electricity Supply (General) Amendment (Infrastructure Protection) Regulation 2010 (NSW)
2010 No 331
New South Wales
Electricity Supply (General)
Amendment (Infrastructure Protection)
Regulation 2010
under the
Electricity Supply Act 1995
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Electricity Supply Act 1995.
PAUL LYNCH, MP Minister for Energy
Explanatory note
The object of this Regulation is to amend the Electricity Supply (General) Regulation 2001 to prescribe elements of the “Dial Before You Dig” scheme. The Regulation:
| (a) | requires the designated information provider for the scheme to be contacted for information about the location and type of underground electricity power lines (power lines information) if proposed excavation work requires consent or approval under the Environmental Planning and Assessment Act 1979, involves excavation by or on behalf of a public authority or involves excavation relating to the construction, repair or maintenance of underground utility services, and |
| (b) | limits that requirement to work carried out within the distribution district of a distribution network service provider, and |
| (c) | exempts from that requirement specified excavation work, including minor excavations, excavations conducted under authorities granted under the Mining Act 1992, excavation in an emergency, excavation (without machinery or power tools) by or on behalf of owners of utility services and urgent excavation to stop water main breaks and leaks, and |
| (d) | requires the relevant network operator to be notified of the proposed excavation work before the work is commenced or authorised to commence, if the power lines information provided to the person carrying out the work contains a requirement to so notify, and |
| (e) | requires a person who carries out the proposed work to have requested information about the location and type of underground electricity power lines in the vicinity of the work within 30 days of commencing work and to have regard to any such information when carrying out the work, and |
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| Electricity Supply (General) Amendment (Infrastructure Protection) Regulation 2010 Explanatory note | |
| (f) | requires a network operator who is notified of excavation work to provide to the person who notifies the work, or the person carrying out the work, information about (and a copy on request of) the WorkCover Authority’s Work Near Underground Assets Guideline, and |
| (g) | sets out the manner in which a network operator must be notified of damage to underground power lines caused by excavation work, and |
| (h) | limits the amount of civil monetary liability of the designated information provider, or a person who is an employee or officer of or who is acting for the designated information provider, to a maximum of $10 million for an act or omission relating to the provision of information under the scheme. |
This Regulation is made under the Electricity Supply Act 1995, including sections 63Y (2),
63Z, 63ZA (2), 63ZC (3) and 191 (the general regulation-making power).
| Electricity Supply (General) Amendment (Infrastructure Protection) | 2010 No 331 |
| Regulation 2010 | Clause 1 |
Electricity Supply (General) Amendment (Infrastructure
Protection) Regulation 2010
under the
Electricity Supply Act 1995
1 Name of Regulation
This Regulation is the Electricity Supply (General) Amendment
(Infrastructure Protection) Regulation 2010.
2 Commencement
This Regulation commences on 1 July 2010 and is required to be published on the NSW legislation website.
| 2010 No 331 | Electricity Supply (General) Amendment (Infrastructure Protection) Regulation 2010 |
| Schedule 1 | Amendment of Electricity Supply (General) Regulation 2001 |
| Schedule 1 | Amendment of Electricity Supply (General) Regulation 2001 |
Part 11A
Insert after Part 11:
Part 11A Infrastructure protection
| 104A | Definitions | |
|
(a)
a development consent under Part 4 of the Environmental Planning and Assessment Act 1979, or
(b) an approval under Part 3A of that Act. notifiable excavation work means excavation work to which
section 63Z of the Act applies (as set out in clause 104B).
power lines information means information provided by the
designated information provider or a network operator in
response to a request by a person under section 63Z (1) of the Act.
utility service means a water, gas, electricity, sewerage, drainageor telecommunications service.
(2) Words and expressions used in this Part have the same meaning
as they have in Part 5E of the Act.
| 104B | Excavation work requiring contact with designated information provider | |
|
(a)
excavation for which development consent is required or that is carried out under a development consent,
(b)
excavation that is, or is carried out in connection with, an activity within the meaning of Part 5 of the Environmental Planning and Assessment Act 1979,
(c)
excavation of any land conducted by or on behalf of a public authority,
(d)
excavation of any land on which an underground utility service is located, or proposed to be located, by or on behalf of the owner or proposed owner of the service,
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| Amendment of Electricity Supply (General) Regulation 2001 | Schedule 1 |
(e)
excavation of any land on which an underground utility service is located for the purpose of the repair or maintenance of works connected with the utility service.
(2) Despite subclause (1), work of the following kind is not
excavation work to which section 63Z of the Act applies:
(a)
excavation conducted with the use of machinery or powered tools to a depth of less than 150 mm,
(b)
excavation for the purposes of ploughing, to a depth of less than 250 mm, on land within a rural zone or a rural-residential zone under an environmental planning instrument,
(c)
excavation conducted without the use of machinery or powered tools to a depth of less than 300 mm,
(d)
excavation conducted under a lease, licence or mineral claim under the Mining Act 1992,
(e)
excavation conducted in an emergency, including (but not limited to) work to prevent or mitigate injury or death or to prevent or mitigate serious damage to property or the environment,
(f)
excavation conducted without the use of machinery or powered tools by, or on behalf of, the owner of a utility service for the purpose of ascertaining the location of the service or testing the integrity of the service,
(g)
excavation conducted by, or on behalf of, the owner of a utility service to stop loss of water, if urgently required in response to water main leaks and breaks.
| 104C | Requirements for carrying out excavation work: s63Z (4) of Act | |
|
Subclauses (2) and (3) apply if power lines information provided to a person contains a requirement that notice of proposed notifiable excavation work must be given to the network operator that owns underground electricity power lines in the vicinity of the proposed work before the work is commenced.
(2)
A person must not commence to carry out, or authorise the commencement of, the notifiable excavation work unless the person has first given notice of the proposed work to the network operator.
(3)
The person must also provide to the network operator any information about the proposed work that is requested by the network operator.
| 2010 No 331 | Electricity Supply (General) Amendment (Infrastructure Protection) Regulation 2010 |
| Schedule 1 | Amendment of Electricity Supply (General) Regulation 2001 |
(4) Recent request for information A person who carries out notifiable excavation work must have made a request for information under section 63Z of the Act not earlier than 30 days before the work is commenced, unless a request has been made by another person in relation to that work within that period.
(5) Regard to be had to information A person who carries out notifiable excavation work must, in carrying out that work, have regard to the following:
(a)
any information, provided by the designated information provider or a network operator, as to the location and type of any underground electricity power line in the vicinity of the work,
(b)
any other information provided to the person by a network operator or the designated information provider in respect of underground electricity power lines.
Note. A person who undertakes excavation work is subject to duties and responsibilities under the Occupational Health and Safety Act 2000. The WorkCover Authority has prepared the Work Near Underground Assets Guideline, which contains practical advice for working near underground utility services and guidance as to how to meet the requirements of the Occupational Health and Safety Act 2000 when carrying out excavation work.
| 104D | Provision of information by network operator | |||
| ||||
| 104E | Notification of damage to underground electricity power lines |
A person who is required to notify a network operator under section 63ZA (1) of the Act of damage to an underground electricity power line must notify the network operator:
(a)
by telephoning the contact telephone number provided to the person by the designated information provider for that purpose, or
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| Amendment of Electricity Supply (General) Regulation 2001 | Schedule 1 |
(b)
if no such contact telephone number is provided, by telephoning the emergency contact telephone number for the network operator that is listed in a telephone or internet directory.
104F Maximum amount of civil monetary liability The maximum amount of civil monetary liability of a designated information provider, any officer or employee of a designated information provider or any person acting on behalf of a designated information provider for an act or omission of a kind referred to in section 63ZC (2) of the Act done or made through negligence is $10 million.
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