Untitled document

Electricity Safety (Bushfire Mitigation) Amendment Interim Regulations 2010

S.R. No. 111/2010

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Objective substituted

1Objective

6Definitions

7Regulation 5 substituted

5Prescribed particulars for bushfire mitigation plans—specified operators

5APrescribed particulars for bushfire mitigation plans—major electricity companies

8Prescribed parts of private electric lines excluded

9Regulation 7 substituted

7Prescribed times of inspection

10Prescribed standards of inspection

11Prescribed period in which notice of inspection is to be given

12Prescribed form of notice to be given before inspection

13Regulation 11 substituted

11Exemptions

14Amendment to the Schedule

15Revocation of amendments—objective

1Objective

16Revocation of amendments—definitions

17Revocation of amendments—prescribed particulars for
bushfire mitigation plans

5Prescribed particulars for bushfire mitigation plans

18Revocation of amendments—prescribed parts of private
electric lines excluded

19Revocation of amendments—prescribed times of inspection

7Prescribed times of inspection

20Revocation of amendments—prescribed standards of
inspection

21Revocation of amendments—prescribed period in which
notice of inspection is to be given

22Revocation of amendments—prescribed form of notice to be given before inspection

23Revocation of amendments—exemptions

11Exemptions

24Revocation of amendments—Schedule

25Expiry

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 111/2010

Electricity Safety Act 1998

Electricity Safety (Bushfire Mitigation) Amendment Interim Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 19 October 2010

Responsible Minister:

PETER BATCHELOR
Minister for Energy and Resources

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Electricity Safety (Bushfire Mitigation) Regulations 2003 to—

(a)prescribe further particulars to be included in a bushfire mitigation plan; and

(b)make miscellaneous and consequential amendments as a result of the enactment of the Energy and ResourcesLegislation Amendment Act 2010, which makes further provision relating to bushfire mitigation plans.

2Authorising provisions

These Regulations are made under sections 151A and 157 of the Electricity Safety Act 1998.

3Commencement

(1)These Regulations (except regulations 15 to 24) come into operation on 21 October 2010.

(2)Regulations 15 to 24 come into operation on 19 October 2011.

4Principal Regulations

In these Regulations, the Electricity Safety (Bushfire Mitigation) Regulations 2003[1] are called the Principal Regulations.

5Objective substituted

For regulation 1 of the Principal Regulations substitute—

"1   Objective

The objective of these Regulations is to make provision for the preparation of bushfire mitigation plans by specified operators and major electricity companies and for the inspection of private overhead electric lines by major electricity companies.".

6Definitions

In regulation 4 of the Principal Regulations, the definitions of electrical assets and hazardous bushfire risk area are revoked.

7Regulation 5 substituted

For regulation 5 of the Principal Regulations substitute—

"5   Prescribed particulars for bushfire mitigation plans—specified operators

For the purposes of section 83BA of the Act, a bushfire mitigation plan submitted by a specified operator must specify—

(a)the name, address and telephone number of the specified operator;

(b)the name, position, address and telephone number of the person who was responsible for the preparation of the plan;

(c)the name, position, address and telephone number of the persons who are responsible for carrying out the plan;

(d)the telephone number of a person who can be contacted in an emergency that requires action by the specified operator to mitigate the danger of bushfire;

(e)the bushfire mitigation policy of the specified operator to minimise the risk of fire ignition from its at-risk electric lines;

(f)the objectives of the plan to achieve the mitigation of bushfire danger;

(g)a description, map or plan of the land to which the bushfire mitigation plan applies, identifying all hazardous bushfire risk areas and the location of all the specified operator's at-risk electric lines in those areas;

(h)the preventative strategies to be adopted by the specified operator to minimise the risk of the specified operator's at-risk electric lines starting fires;

(i)a list of all works required for the strategies referred to in paragraph (h) to be undertaken and the date by which the works are to be completed;

(j)a plan for inspection that ensures that all of the specified operator's at-risk lines are inspected at regular intervals of no longer than 37 months;

(k)details of the processes and procedures for ensuring that only persons who have satisfactorily completed a training course approved by Energy Safe Victoria are assigned to carry out the inspections referred to in paragraph (j);

(l)the operation and maintenance plans for the specified operator's at-risk electric lines—

(i)in the event of a fire; and

(ii)during any day that has been declared to be a day of total fire ban under the Country Fire Authority Act 1958; and

(iii)during a fire danger period;

(m)the investigations, analysis and methodology to be adopted by the specified operator for the prevention of fire ignition from its at-risk electric lines;

(n)details of the processes and procedures by which the specified operator will—

(i)monitor and audit the implementation of the bushfire mitigation plan;

(ii)identify any deficiencies in the plan or the plan's implementation;

(iii)monitor and audit the effectiveness of inspections carried out under the plan;

(iv)improve the plan and the plan's implementation if any deficiencies are identified under subparagraph (ii);

(v)ensure that any training necessary for persons assigned to perform functions under the plan is provided;

(vi)monitor and audit the competence of the persons assigned to carry out inspections under the plan;

(o)the policy of the specified operator in relation to the assistance to be provided to fire control authorities in the investigation of fires near the specified operator's at risk electric lines.

5APrescribed particulars for bushfire mitigation plans—major electricity companies

For the purposes of section 113A of the Act, a bushfire mitigation plan submitted by a major electricity company must specify—

(a)the name, address and telephone number of the major electricity company;

(b)the name, position, address and telephone number of the person who was responsible for the preparation of the plan;

(c)the name, position, address and telephone number of the persons who are responsible for carrying out the plan;

(d)the telephone number of a person who can be contacted in an emergency that requires action by the major electricity company to mitigate the danger of bushfire;

(e)the bushfire mitigation policy of the major electricity company to minimise the risk of fire ignition from its at-risk supply networks;

(f)the objectives of the plan to achieve the mitigation of bushfire danger;

(g)a description, map or plan of the land to which the bushfire mitigation plan applies, identifying all hazardous bushfire risk areas and the location of all the major electricity company's at‑risk supply networks in those areas;

(h)the preventative strategies to be adopted by the major electricity company to minimise the risk of the major electricity company's at-risk supply networks starting fires;

(i)a list of all works required for the strategies referred to in paragraph (h) to be undertaken and the date by which the works are to be completed;

(j)a plan for inspection that ensures that all of the major electricity company's at-risk supply networks are inspected at regular intervals of no longer than 37 months;

(k)details of the processes and procedures for ensuring that only persons who have satisfactorily completed a training course approved by Energy Safe Victoria are assigned to carry out the inspections referred to in paragraph (j);

(l)the operation and maintenance plans for the major electricity company's at-risk supply networks—

(i)in the event of a fire; and

(ii)during any day that has been declared to be a day of total fire ban under the Country Fire Authority Act 1958; and

(iii)during a fire danger period;

(m)the investigations, analysis and methodology to be adopted by the major electricity company for the prevention of fire ignition from its at‑risk supply networks;

(n)details of the processes and procedures by which the major electricity company will—

(i)monitor and audit the implementation of the bushfire mitigation plan;

(ii)identify any deficiencies in the plan or the plan's implementation;

(iii)monitor and audit the effectiveness of inspections carried out under the plan;

(iv)improve the plan and the plan's implementation if any deficiencies are identified under subparagraph (ii);

(v)ensure that any training necessary for persons assigned to perform functions under the plan is provided;

(vi)monitor and audit the competence of the persons assigned to carry out inspections under the plan;

(o)the policy of the major electricity company in relation to the assistance to be provided to fire control authorities in the investigation of fires near the major electricity company's at risk supply networks;

(p)details of processes and procedures for enhancing public awareness of—

(i)the responsibilities of the owners of private overhead electric lines in relation to mitigation of bushfire danger; and

(ii)the obligation of the major electricity company to inspect private overhead electric lines within its distribution area.".

8Prescribed parts of private electric lines excluded

In regulation 6 of the Principal Regulations, for "sections 83A(1)(b) and 83B(1)" substitute "section 113F(1)".

9Regulation 7 substituted

For regulation 7 of the Principal Regulations substitute—

"7   Prescribed times of inspection

For the purposes of section 113F(1) of the Act, the prescribed times to cause an inspection of private electric lines to be carried out are no later than 37 months after the date of the previous inspection carried out by the major electricity company.".

10Prescribed standards of inspection

(1)In regulation 8(1) of the Principal Regulations, for "the purpose of section 83B(1)" substitute "the purposes of section 113F(1)".

(2)In regulation 8(1)(i) of the Principal Regulations, for "AS/NZS 3000:2000 as published on 15 September 1999" substitute "AS/NZS 3000 as published or amended from time to time".

11Prescribed period in which notice of inspection is to be given

In regulation 9 of the Principal Regulations, for "section 83B(2)" substitute "section 113F(2)".

12Prescribed form of notice to be given before inspection

In regulation 10 of the Principal Regulations, for "section 83B(2)" substitute "section 113F(2)".

13Regulation 11 substituted

For regulation 11 of the Principal Regulations substitute—

"11   Exemptions

Energy Safe Victoria may exempt a specified operator or major electricity company from any of the requirements of these Regulations, subject to any conditions specified by Energy Safe Victoria.".

14Amendment to the Schedule

In the Schedule to the Principal Regulations—

(a)for "section 83B" substitute "section 113F";

(b)for "electricity supplier" substitute "major electricity company".

15Revocation of amendments—objective

For regulation 1 of the Principal Regulations substitute—

"1   Objective

The objective of these Regulations is to make provision for the preparation of bushfire mitigation plans and the inspection of private overhead electric lines by electricity suppliers.".

16Revocation of amendments—definitions

In regulation 4 of the Principal Regulations insert the following definitions—

'electrical assets means electric lines and electrical installations;

hazardous bushfire risk area means—

(a)an area that a fire control authority has assigned a fire hazard rating of "high" under section 80 of the Act; or

(b)any other area that is not an urban area unless a fire control authority has assigned to that area a fire hazard rating of "low" under section 80 of the Act;'.

17Revocation of amendments—prescribed particulars for bushfire mitigation plans

For regulations 5 and 5A of the Principal Regulations substitute—

"5   Prescribed particulars for bushfire mitigation plans

For the purposes of section 83A of the Act, a bushfire mitigation plan submitted by an electricity supplier must specify—

(a)the name, address and telephone number of the electricity supplier;

(b)the name, position, address and telephone number of the person who was responsible for the preparation of the plan;

(c)the name, position, address and telephone number of the persons who are responsible for carrying out the plan;

(d)the telephone number of a person who can be contacted in an emergency that requires action by the electricity supplier to mitigate the danger of bushfire;

(e)the bushfire mitigation policy of the electricity supplier to minimise the risk of fire ignition from its electrical assets;

(f)the objectives of the plan to achieve the mitigation of bushfire danger;

(g)a description, map or plan of the land to which the bushfire mitigation plan applies, identifying all hazardous bushfire risk areas and the location of all the electricity supplier's electrical assets in those areas;

(h)the preventative strategies to be adopted by the electricity supplier to minimise the risk of the electricity supplier's electrical assets starting fires;

(i)a list of all works required for the strategies referred to in paragraph (h) to be undertaken and the date by which the works are to be completed in readiness for the following summer season;

(j)the operation and maintenance plans for the electricity supplier's electrical assets in the event of a fire or during—

(i)any day that has been declared to be a day of total fire ban under the Country Fire Authority Act 1958; and

(ii)a fire danger period;

(k)the investigations, analysis and methodology to be adopted by the electricity supplier for the prevention of fire ignition from its electrical assets;

(l)details of processes and procedures for enhancing public awareness of—

(i)the responsibilities of the owners of private overhead electric lines in relation to mitigation of bushfire danger; and

(ii)the obligation of the electricity supplier to inspect private overhead electric lines within its distribution area;

(m)a description of the measures to be used to assess the performance of the electricity supplier under the plan;

(n)the policy of the electricity supplier in relation to the assistance to be provided to fire control authorities in the investigation of fires near the supplier's electrical assets.".

18Revocation of amendments—prescribed parts of private electric lines excluded

In regulation 6 of the Principal Regulations, for "section 113F(1)" substitute "sections 83A(1)(b) and 83B(1)".

19Revocation of amendments—prescribed times of inspection

For regulation 7 of the Principal Regulations substitute—

"7   Prescribed times of inspection

For the purposes of section 83B(1) of the Act, the prescribed times to cause an inspection of private electric lines to be carried out are—

(a)no later than 37 months after the date of the previous inspection carried out by the electricity supplier; or

(b)at other times, not exceeding 5 years from the date of the previous inspection, that are approved by the Office.".

20Revocation of amendments—prescribed standards of inspection

(1)In regulation 8(1) of the Principal Regulations, for "the purposes of section 113F(1)" substitute "the purpose of section 83B(1)".

(2)In regulation 8(1)(i) of the Principal Regulations, for "AS/NZS 3000 as published or amended from time to time" substitute "AS/NZS 3000:2000 as published on 15 September 1999".

21Revocation of amendments—prescribed period in which notice of inspection is to be given

In regulation 9 of the Principal Regulations, for "section 113F(2)" substitute "section 83B(2)".

22Revocation of amendments—prescribed form of notice to be given before inspection

In regulation 10 of the Principal Regulations, for "section 113F(2)" substitute "section 83B(2)".

23Revocation of amendments—exemptions

For regulation 11 of the Principal Regulations substitute—

"11   Exemptions

The Office may exempt an electricity supplier from any of the requirements of these Regulations, subject to any conditions specified by the Office.".

24Revocation of amendments—Schedule

In the Schedule to the Principal Regulations—

(a)for "section 113F" substitute "section 83B";

(b)for "major electricity company" substitute "electricity supplier".

25Expiry

These Regulations expire on 20 October 2011.

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ENDNOTES

[1] Reg. 4: S.R. No. 72/2003.

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Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004

Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

In this table, Principal Regulations means the Electricity Safety (Bushfire Mitigation) Regulations 2003.

Statutory Rule Provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 9(2) which amends regulation 8(1)(i) of the Principal Regulations	Australian/New Zealand Standard, 'Electrical installations', AS/NZS 3000, published 12 November 2007 by Standards Australia.	Table 3.8