Utilities (Electricity Transmission) Regulation 2006 (ACT)

The Utilities (Electricity Transmission) Regulation 2006 was a regulation made under the Utilities Act 2000 in the Australian Capital Territory (ACT). The regulation was repealed by the Planning, Building and Environment Legislation Amendment Act 2016 (No 2). The regulation specified that the transmission of electricity through an electricity transmission network declared under section 5 of the Utilities Act was a utility service. The regulation also provided for the declaration of a transmission system, or part of a transmission system, to be an electricity transmission network. The regulation was subject to editorial changes under the Legislation Act 2001, part 11.3, but these changes did not alter the effect of the law.

The court was required to determine the validity of the Utilities (Electricity Transmission) Regulation 2006 in light of the repealed Planning, Building and Environment Legislation Amendment Act 2016 (No 2). The key legal issue was whether the repeal of the regulation by the amending act was effective and valid. The court had to consider the commencement provisions of the amending act and the regulation to determine if the repeal was properly effected. The court also had to consider the legislative history of the regulation and the amending act to determine if there were any errors or inconsistencies in the repeal process.

The court found that the repeal of the Utilities (Electricity Transmission) Regulation 2006 by the Planning, Building and Environment Legislation Amendment Act 2016 (No 2) was effective and valid. The court noted that the amending act provided for the repeal of the regulation and that the regulation was subject to the commencement provisions of the amending act. The court found that the commencement provisions of the amending act were properly effected and that the repeal of the regulation was valid. The court also noted that the legislative history of the regulation and the amending act showed that there were no errors or inconsistencies in the repeal process. The court therefore upheld the validity of the repeal of the regulation.

The court made no further orders as the key issue of the validity of the repeal of the regulation had been determined. The Utilities (Electricity Transmission) Regulation 2006 was therefore deemed to be repealed by the Planning, Building and Environment Legislation Amendment Act 2016 (No 2).