Utilities (Technical Regulation) Act 2014 (ACT)
Utilities (Technical Regulation) Act 2014
A2014-60
Republication No 14
Effective: 1 January 2024
Republication date: 1 January 2024
Last amendment made by A2023‑52
About this republication
The republished law
This is a republication of the Utilities (Technical Regulation) Act 2014 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Utilities (Technical Regulation) Act 2014
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5Offences against Act—application of Criminal Code etc 3
6 Objects of Act 3
7 Other laws not affected 4
Part 2 Regulated utility services
8 Meaning of regulated utility 5
9 Meaning of regulated utility service 5
10 Prescribed regulated utility services 6
10A Exempt classes of regulated utility services 7
Part 3 Technical codes
Division 3.1 Purpose of technical codes
11 Technical codes—purpose 8
Division 3.2 Making technical codes
12 Draft technical codes—proposed by regulated utility 9
13 Draft technical codes—consultation 9
14 Technical codes—approval 10
15 Technical codes—public access 11
Division 3.3 Enforcement of technical codes
16 Offence—fail to comply with technical code 11
17 Technical regulator’s warning notice 12
18 Technical regulator’s directions 13
19 Offence—fail to comply with technical regulator’s direction 15
20 Technical regulator’s urgent directions 15
21 Offence—fail to comply with technical regulator’s urgent direction 16
22 Technical regulator—obtaining information and documents 16
23 Offence—contravention of requirement under s 22 17
24 Self-incrimination etc 18
Division 3.4 Application to NERL retailers and NERL exempt sellers
25 Application to NERL retailers and NERL exempt sellers—pt 3 18
26 NERL retailers and NERL exempt sellers—determination of application of technical code 19
27 Inconsistency between Act and NERL 20
Part 4 Reporting of notifiable incidents
28 Definitions—pt 4 21
29 Offence—reporting of notifiable incidents by regulated utility 22
Part 5 Protection of regulated utility networks
Division 5.1 General
30 Meaning of interference—pt 5 23
Division 5.2 General interference
31 Offence—interference with regulated utility networks 24
32 Network protection notices 24
33 Network protection—action affecting heritage significance 26
Division 5.3 Contamination of water or sewerage networks
34 Offence—contamination of water 27
35 Offence—prohibited substances—water or sewerage network 27
36 Exempt water treatments 28
Division 5.4 Miscellaneous
37 Offence—unauthorised network connections 29
38 Offence—unauthorised abstraction etc of electricity 29
39 Offence—unauthorised abstraction etc of gas 29
40 Offence—unauthorised abstraction etc of water 30
41 Extended meaning of network 30
Part 5A Vegetation and electrical infrastructure management
Division 5A.1 General
41A Definitions—pt 5A 31
41B National land 31
Division 5A.2 Vegetation management
41C Definitions—div 5A.2 32
41D Clearance from aerial lines—vegetation 33
41E Measuring clearances from aerial lines 35
Division 5A.3 Electrical infrastructure management
41F Definitions—div 5A.3 35
41G Maintenance of electrical infrastructure within network boundary 36
41H Maintenance of electrical infrastructure within network boundary—powers 36
41I Inspection of electrical infrastructure outside network boundary 37
Division 5A.4 Performance of management operations
41J Definitions—div 5A.4 40
41K Damage etc to be minimised 41
41L Notice to owner 41
41M Management operations outside network boundary—dispute 42
Part 6 Operating certificates
Division 6.1 General
42 Meaning of unlicensed regulated utility—pt 6 44
Division 6.2 Operating certificates—unlicensed regulated utilities
43 Operating certificate—application 44
44 Operating certificate—further information 45
45 Operating certificate—information on likely compliance costs 45
46 Operating certificate—grant 46
47 Operating certificate—term 47
48 Operating certificate—general condition 48
49 Operating certificate—revocation 48
Division 6.3 Enforcement of operating certificates
50 Offence—providing regulated utility service without operating certificate 49
51 Offence—constructing regulated utility service without operating certificate 50
Part 7 Network boundaries and isolated infrastructure
Division 7.1 General
52 Definitions—pt 7 51
Division 7.2 Network boundaries
53 Network boundary 53
Division 7.3 Isolated infrastructure—maintenance requirements
54 Technical inspector’s warning notice—isolated infrastructure 53
55 Technical regulator’s directions—isolated infrastructure 55
56 Offence—owner of isolated infrastructure failing to comply with technical regulator’s direction 57
Part 8 Dams safety
Division 8.1 General
57 Definitions—pt 8 58
Division 8.2 Register of dams
58 Dams register 59
59 Required information for dams register 60
60 Notice to give required information 60
61 Offence—fail to give required information 60
62 Technical regulator may require further information 61
63 Offence—fail to give further information 61
64 Requirement to report change in ownership 61
65 Offence—fail to report change in ownership 62
66 Requirement to update required information and further information 62
67 Offence—fail to update required information or further information 63
68 Owner of registrable dam may correct dams register 63
Division 8.3 Listed dams
69 Listing of certain dams 64
70 Notification of listing of certain dams 64
Division 8.4 Technical codes for listed dams
71 Draft technical codes for listed dam—proposed by owner of listed dam 65
72 Technical codes for listed dams—consultation 65
73 Technical codes for listed dams—approval 67
74 Technical codes for listed dams—public access 67
Division 8.5 Enforcement of technical codes for listed dam
75 Offence—fail to comply with technical code for listed dam 68
Part 9 Enforcement
Division 9.1 General
76 Definitions—pt 9 69
Division 9.2 Technical regulator
77 Technical regulator 69
77A Delegation by technical regulator 69
78 Technical regulator’s functions 70
79 Technical regulator may recommend conditions on licence 70
80 Technical regulator’s compliance report 72
Division 9.3 Technical inspectors
81 Technical inspectors—appointment 73
82 Identity cards 74
83 Power not to be exercised before identity card shown 74
Division 9.4 Powers of technical inspectors
84 Power to enter premises 75
85 Production of identity card 76
86 Consent to entry 76
87 Advance consent to entry 77
88 Warrants 79
89 Warrants—application made other than in person 80
90 General powers on entry to premises 81
91 Power to seize evidence 82
92 Receipt for things seized 83
93 Access to things seized 83
94 Return of things seized 84
Division 9.5 Stop notice—utility infrastructure work
95 Meaning of utility infrastructure work—div 9.5 84
96 Stop notice 85
97 Offence—fail to comply with stop notice 87
98 Cancellation of stop notice—application 87
99 Rectification work allowed under stop notice 88
Division 9.6 Injunctions
100 Injunctions to restrain offences against Act or failure to comply with directions 88
101 Enforcement of injunctions 89
102 Amendment or discharge of injunctions 89
103 Interim injunctions—undertakings about damages 90
104 Supreme Court—other powers not limited 90
Part 10 Notification and review of decisions
105 What is a reviewable decision?—pt 10 91
106 Reviewable decision notices 91
107 Applications for review 91
Part 11 Miscellaneous
108 Protection from civil liability 92
109 Evidentiary certificates 92
110 Determination of fees 93
111 Approved forms 93
112 Regulation-making power 93
Schedule 1 Reviewable decisions 94
Dictionary95
Endnotes
1 About the endnotes 102
2 Abbreviation key 102
3 Legislation history 103
4 Amendment history 105
5 Earlier republications 110
6 Expired transitional or validating provisions 112
Utilities (Technical Regulation) Act 2014
An Act relating to the safe, reliable and efficient delivery of regulated utility services, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Utilities (Technical Regulation) Act 2014.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘gas network—see the Utilities Act 2000, section 10.’ means the term ‘gas network’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Objects of Act
The objects of this Act are to—
(a)ensure the safe, reliable and efficient delivery of regulated utility services; and
(b)promote the long-term serviceability of regulated utility networks and regulated utility services; and
(c)promote design integrity and functionality of regulated utility networks; and
(d)ensure the safe and reliable operation and maintenance of regulated utility networks and regulated utility services to protect the following:
(i)the public;
(ii)people working on regulated utility networks and regulated utility services;
(iii)property near regulated utility networks and regulated utility services;
(iv)the environment.
Other laws not affected
(1)This Act is in addition to, and does not limit, any other Act.
(2)In particular, nothing in this Act affects the exercise of a function under, or the obligation (if any) of a regulated utility service to comply with a requirement under any of the following:
(a)the Australian Consumer Law (ACT);
(b)the Electricity (National Scheme) Act 1997;
(c)the Electricity Safety Act 1971;
(d)the Emergencies Act 2004;
(e)the Environment Protection Act 1997;
(f)the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth);
(g)the Gas Safety Act 2000;
(h)the National Gas (ACT) Act 2008;
(i)the National Gas (ACT) Law;
(j)the National Gas (ACT) Regulation;
(k)the Planning Act 2023;
(l)the Utilities Act 2000;
(m)the Water and Sewerage Act 2000;
(n)the Water Resources Act 2007;
(o)the Work Health and Safety Act 2011.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Part 2Regulated utility services
Meaning of regulated utility
In this Act:
regulated utility means a person who provides a service that is a regulated utility service under this Act.
Meaning of regulated utility service
(1)For this Act, each of the following is a regulated utility service:
(a)a utility service under the Utilities Act 2000, part 2;
NoteThe Utilities Act 2000 requires a person who provides a utility service to be licensed (see that Act, s 21).
(b)a regulated utility service prescribed under section 10;
(c)in relation to electricity—small or medium scale electrical generation;
(d)in relation to electricity—the supply of electricity from an electricity network to premises;
(e)in relation to gas—the supply of gas from a gas network to premises;
(f)in relation to water—owning, leasing or subleasing a registrable dam;
(g)the provision of a district energy service.
(2)In this section:
discrete district network means infrastructure that is not connected to a network and is used for 1 or more of the following:
(a)providing a form of energy to more than 1 building or premises;
(b)converting a form of energy to another form of energy and providing that energy to more than 1 building or premises;
(c)providing reticulated gas, water or another fluid to more than 1 building or premises;
(d)storing a form of energy, gas, water or another fluid for provision to more than 1 building or premises.
Example—discrete district network
A solar installation located on a warehouse produces a form of energy such as electricity or hydraulic pressure that is provided to the warehouse and a number of other buildings in the neighbourhood for use. The solar installation and the cables distributing the energy are not connected to a network under the Utilities Act 2000.
district energy service means the provision for use in a discrete district network of 1 or both of the following:
(a)electricity or another form of energy;
(b)reticulated gas, water or another fluid.
small or medium scale generation means the capacity to generate an amount of power that—
(a)is not less than the lower limit, but less than the upper limit prescribed by regulation; and
(b)is connected to an electricity network.
Prescribed regulated utility services
(1)A regulation may prescribe a regulated utility service for this Act if the Minister is satisfied on reasonable grounds that the service includes infrastructure for the provision of electricity, gas, another form of energy, water or sewerage.
(2)A regulation may prescribe the regulated utility network and the infrastructure it consists of for a regulated utility service prescribed under subsection (1).
10AExempt classes of regulated utility services
(1)A regulation may exempt a class of regulated utility service from this Act if, after consulting the technical regulator and having regard to the matters in subsection (2), the Minister is satisfied on reasonable grounds that—
(a)the class of regulated utility service is, either—
(i)adequately regulated under another law applying in the ACT; or
(ii)not required to be regulated; and
(b)exempting the class of regulated utility service will not significantly impede the objects under section 6 being achieved.
(2)For subsection (1), the Minister must have regard to the following:
(a)the nature and kind of regulated utility service;
(b)the level of risk of—
(i)a regulated utility service in the class failing; or
(ii)a regulated utility failing to provide a regulated utility service in the class in a safe, reliable and effective way;
(c)the consequences for consumers, public safety and the environment if—
(i)a regulated utility service in the class were to fail; or
(ii)a regulated utility were to fail to provide a regulated utility service in the class in a safe, reliable and effective way.
Part 3Technical codes
Division 3.1 Purpose of technical codes
Technical codes—purpose
(1)A technical code must be consistent with the objects of this Act and may be made for the following purposes:
(a)protecting the integrity of regulated utility networks and regulated utility services;
(b)protecting the health and safety of people who operate, work on, or are likely to be affected by, the operation of regulated utility networks and regulated utility services;
(c)ensuring the proper connection of customers’ premises to a regulated utility network for the provision of a regulated utility service;
(d)establishing design features or performance requirements for—
(i)a regulated utility network or a regulated utility service; and
(ii)facilities or equipment on customer’s premises that connect to a regulated utility network or regulated utility service;
(e)establishing boundaries that apply in relation to regulated utility networks, other networks and customer premises;
(f)protecting—
(i)public and private property; and
(ii)the environment;
(g)emergency planning by a regulated utility.
(2)A technical code may make provision in relation to the accreditation of people for work associated with regulated utility services.
Division 3.2 Making technical codes
Draft technical codes—proposed by regulated utility
(1)A regulated utility may propose a draft technical code by—
(a)giving the technical regulator the draft technical code; and
(b)asking the technical regulator to consider the draft technical code.
Note 1If a form is approved under s 111 for this provision, the form must be used.
Note 2A fee may be determined under s 110 for this provision.
(2)If the technical regulator receives a draft technical code under subsection (1), the technical regulator, after considering the draft technical code, may prepare the draft technical code (with or without amendment) for consultation under section 13.
(3)Nothing in this section requires the technical regulator to prepare a draft technical code for consultation.
Draft technical codes—consultation
(1)The technical regulator may prepare a draft technical code.
(2)The technical regulator must give a copy of the draft technical code to—
(a)the ICRC; and
(b)if the draft technical code is for protecting the environment—the conservator of flora and fauna; and
(c)each regulated utility providing services that are likely to be regulated under the draft code.
(3)A person who is given a copy of the draft technical code under subsection (2) may make a submission to the technical regulator about the draft technical code within a stated period of not less than 20 days.
(4)The technical regulator—
(a)must consider a submission made under this section; and
(b)may make a recommendation to the Minister about approval of the draft technical code.
Technical codes—approval
(1)The Minister may approve a technical code as recommended by the technical regulator if the Minister is satisfied on reasonable grounds that—
(a)section 13 has been complied with; and
(b)the technical code is—
(i)consistent with the objects of this Act; and
(ii)not inconsistent with another technical code.
(2)An approved technical code may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time.
(3)The Legislation Act, section 47 (6) does not apply in relation to an AS or AS/NZS applied, adopted or incorporated under subsection (2).
Note An AS or AS/NZS does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). An AS or AS/NZS may be purchased at approval is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Technical codes—public access
(1)The technical regulator must make a copy of a technical code available for public inspection during ordinary office hours.
(2)The technical regulator must also make a copy of an instrument (other than an AS or AS/NZS) applied, adopted or incorporated in a technical code available for public inspection during ordinary office hours.
(3)A person may inspect, or make a copy of, all or part of a technical code.
(4)If a person requests that a copy be made available in electronic form, the technical regulator may provide a copy—
(a)on a data storage device; or
(b)by electronic transmission.
NoteA fee may be determined under s 110 for this provision.
Division 3.3 Enforcement of technical codes
Offence—fail to comply with technical code
(1)A regulated utility commits an offence if—
(a)a technical code applies to the regulated utility; and
(b)the regulated utility fails to comply with a requirement of the technical code; and
(c)the regulated utility is negligent about whether the technical code is complied with.
Maximum penalty: 2 000 penalty units.
(2)A regulated utility commits an offence if—
(a)a technical code applies to the regulated utility; and
(b)the regulated utility fails to comply with a requirement of the technical code.
Maximum penalty: 30 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
Technical regulator’s warning notice
(1)This section applies if the technical regulator is satisfied on reasonable grounds that a regulated utility has contravened, or is likely to contravene, this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation or technical code (see Legislation Act, s 104).
(2)The technical regulator must give the regulated utility a written notice (a show cause notice) stating—
(a)that the technical regulator proposes to issue a notice (a technical regulator’s warning notice); and
(b)the details of the proposed technical regulator’s warning notice; and
(c)that the regulated utility may, not later than 20 days after the day the regulated utility is given the show cause notice, give the technical regulator a written submission about the proposed technical regulator’s warning notice.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)After considering any submission given under subsection (2) (c), the technical regulator may give the regulated utility a technical regulator’s warning notice stating—
(a)the reasons for the warning notice; and
(b)the action required to rectify the contravention or to avoid the likely contravention; and
(c)the time within which the action is required; and
(d)if the warning notice is not complied with in the time mentioned in paragraph (c), that—
(i)a technical regulator’s direction under section 18 may be given without further notice; and
(ii)the technical regulator’s compliance report will include details of the non-compliance.
(4)The technical regulator’s compliance report must include details about—
(a)the regulated utilities that were given a notice under this section in a financial year; and
(b)the reasons for the notice; and
(c)whether the action required in the notice was taken within the time stated in the notice.
Technical regulator’s directions
(1)This section applies if the technical regulator is satisfied on reasonable grounds that a regulated utility has contravened, or is likely to contravene, this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation or technical code (see Legislation Act, s 104).
(2)The technical regulator may give the regulated utility a written notice (a show cause notice) stating—
(a)that the technical regulator proposes to issue a direction (a technical regulator’s direction); and
(b)the details of the proposed technical regulator’s direction; and
(c)that the regulated utility may, not later than 20 days after the day the regulated utility is given the show cause notice, give the technical regulator a written submission about the proposed technical regulator’s direction.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)After considering any submission given under subsection (2) (c), the technical regulator may direct the regulated utility to take action stated in the technical regulator’s direction to ensure compliance with this Act or the code, including action—
(a)to rectify the contravention; or
(b)to avoid the likely contravention.
(4)The technical regulator may give a technical regulator’s direction only if the technical regulator—
(a)has given the regulated utility a technical regulator’s warning notice and the warning notice has not been complied with; or
(b)has given the regulated utility a show cause notice under this section.
(5)As soon as practicable after a technical regulator’s direction is given, the technical regulator must prepare a statement about the direction and the reasons for it.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
(6)The direction and statement of reasons are a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Offence—fail to comply with technical regulator’s direction
A regulated utility commits an offence if the regulated utility—
(a)is given a technical regulator’s direction; and
(b)intentionally fails to take reasonable steps to comply with the direction.
Maximum penalty: 2 000 penalty units.
Technical regulator’s urgent directions
(1)This section applies if the technical regulator is satisfied on reasonable grounds that a regulated utility—
(a)has contravened, or is likely to contravene, this Act; and
(b)the contravention or likely contravention is occurring in urgent circumstances.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation or technical code (see Legislation Act, s 104).
(2)The technical regulator may direct the regulated utility to take the action stated in the direction (a technical regulator’s urgent direction) to ensure compliance with the technical code within a stated period.
(3)As soon as practicable after a technical regulator’s urgent direction is given, the technical regulator must prepare a statement about the urgent direction and the reasons for it.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
(4)The direction and statement of reasons are a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(5)In this section:
urgent circumstances means circumstances in which it is necessary to protect—
(a)the integrity of a regulated utility network or facility; or
(b)the health or safety of people; or
(c)public or private property; or
(d)the environment.
Offence—fail to comply with technical regulator’s urgent direction
A regulated utility commits an offence if the regulated utility—
(a)is given a technical regulator’s urgent direction; and
(b)intentionally fails to take reasonable steps to comply with the urgent direction.
Maximum penalty: 3 000 penalty units.
Technical regulator—obtaining information and documents
(1)If the technical regulator is satisfied that a person is capable of providing information or producing a document that the technical regulator reasonably requires for this part, the technical regulator may, by written notice given to the person, require the person—
(a)to give the information to the technical regulator in writing signed by the person; or
(b)to produce the document to the technical regulator.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(2)The notice must state—
(a)the place at which the information or document is to be given or produced to the technical regulator; and
(b)the time at which, or the period within which, the information or document is to be given or produced.
(3)If a document is produced in accordance with a requirement under subsection (1), the technical regulator—
(a)may—
(i)take possession of, and make a copy of, or take extracts from, the document; and
(ii)keep the document for the period necessary for the purposes of this part; and
(b)must, during that period allow a person who would be entitled to inspect the document, if it was not in the possession of the technical regulator, to inspect the document at any reasonable time.
Offence—contravention of requirement under s 22
A person commits an offence if the person—
(a)is required to provide information or a document by notice under section 22; and
(b)fails to take reasonable steps to comply with the notice.
Maximum penalty: 200 penalty units, imprisonment for 6 months or both.
Self-incrimination etc
(1)A person is not excused from providing information or producing a document or thing when required to do so under section 22 (Technical regulator—obtaining information and documents) on the ground that the information or document might tend to incriminate the person.
(2)However, the information, document or thing obtained as a direct or indirect consequence of the requirement is not admissible in evidence against the person in criminal proceedings, other than proceedings for—
(a)an offence against this Act; or
(b)any other offence in relation to the falsity of the information or document.
Note 1A reference to an offence against a Territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).
Note 2The Legislation Act, s 171 deals with the application of client legal privilege.
Division 3.4 Application to NERL retailers and NERL exempt sellers
Application to NERL retailers and NERL exempt sellers—pt 3
(1)This part applies to a NERL retailer as if—
(a)a reference to a regulated utility were a reference to a NERL retailer; and
(b)a reference to a regulated utility service were a reference to the activity of selling electricity or gas to a person for premises; and
(c)a reference to a customer were a reference to a customer under the National Energy Retail Law (ACT); and
(d)any other necessary changes were made.
(2)This part applies to a NERL exempt seller as if—
(a)a reference to a regulated utility were a reference to a NERL exempt seller; and
(b)a reference to a regulated utility service were a reference to the activity of selling electricity or gas to a person for premises; and
(c)a reference to a customer were a reference to a customer under the National Energy Retail Law (ACT); and
(d)any other necessary changes were made.
NERL retailers and NERL exempt sellers—determination of application of technical code
(1)The Minister may determine that a technical code applies to a NERL retailer or NERL exempt seller if the Minister is satisfied on reasonable grounds that it is appropriate for the code to apply to the retailer or seller.
NotePower to make a statutory instrument (including a disallowable instrument) includes power to make different provision for different categories (see Legislation Act, s 48).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Inconsistency between Act and NERL
(1)The National Energy Retail Law (ACT) prevails if there is an inconsistency between this Act in its application to a NERL retailer or NERL exempt seller and that Law.
Note 1A reference to the National Energy Retail Law (ACT) includes a reference to the statutory instruments made or in force under that Law, including the National Energy Retail Regulation (ACT) and the National Energy Retail Rules (see National Energy Retail Law (ACT) Act 2012, s 9 (2) and Legislation Act, s 104).
Note 2A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2)This Act is taken to be consistent with that Law to the extent that it is capable of operating concurrently with that Law.
Part 4Reporting of notifiable incidents
Definitions—pt 4
In this part:
dangerous incident means an incident that exposes, or potentially exposes, a person to a serious risk to the person’s health or safety emanating from an immediate or imminent exposure to—
(a)an uncontrolled escape, spillage or leakage of a substance onto land, adjacent land or premises; or
(b)an uncontrolled implosion, explosion or fire; or
(c)an uncontrolled escape of gas or steam; or
(d)an uncontrolled escape of a pressurised substance; or
(e)electric shock; or
(f)the fall or release from a height of any plant, installation, substance or thing; or
(g)the collapse, overturning, failure or malfunction of, or damage to, any plant used in relation to the provision of a regulated utility service; or
(h)the collapse or partial collapse of a structure; or
(i)the collapse or failure of an excavation or of any shoring supporting an excavation; or
(j)the inrush of water, mud or gas in workings, in an underground excavation or tunnel, utility pit, switchboard, pipe or conduit; or
(k)any other event identified in a technical code; or
(l)any other event prescribed by regulation.
notifiable incident means an incident, in relation to the operation of a regulated utility network, or infrastructure used in a regulated utility network, that involves—
(a)the death of a person; or
(b)a dangerous incident; or
(c)serious damage to public or private property; or
(d)serious damage to the environment.
Offence—reporting of notifiable incidents by regulated utility
A regulated utility commits an offence if a notifiable incident happens and the regulated utility fails to tell the technical regulator about the notifiable incident, by telephone or email, within 24 hours after the regulated utility becomes aware of the notifiable incident.
Maximum penalty: 200 penalty units.
Part 5Protection of regulated utility networks
Division 5.1 General
Meaning of interference—pt 5
(1)In this part:
interference, with a regulated utility network or network facility—
(a)includes an action that—
(i)interferes with, or is likely to interfere with, the safe or efficient operation of the network, the facility or the environment; or
(ii)inhibits or obstructs, or is likely to inhibit or obstruct, lawful access to the network or facility; but
(b)does not include the encroachment of vegetation within the minimum distance from an aerial line, worked out under section 41D, on unleased territory land, rural leased land or national land.
NoteUnder s 41D, a responsible utility for an electrical network is responsible for the clearance of vegetation near an aerial line on unleased territory land, rural leased land or national land.
(2)In this section:
aerial line—see section 41C.
rural leased land—see section 41A.
Division 5.2 General interference
Offence—interference with regulated utility networks
A person commits an offence if the person—
(a)does something that interferes with a regulated utility network, or a network facility; and
(b)is reckless about whether doing the thing would interfere with the regulated utility network, or a network facility.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
Network protection notices
(1)This section applies if a responsible utility is satisfied that a structure, tree or activity on, under or over land or water interferes, or is reasonably likely to interfere, with the regulated utility network or a network facility.
(2)The responsible utility may give the landholder written notice to take whatever action is necessary to stop the interference with the regulated utility network or network facility, or to remove the likelihood of that interference.
Note 1Utilities may also maintain network facilities under the Utilities Act 2000, s 106 (Maintenance of network facilities).
Note 2For how documents may be given, see the Legislation Act, pt 19.5.
(3)The notice must—
(a)indicate the structure, tree or activity; and
(b)require the landholder to take stated action to stop the interference, or remove the likelihood of the interference, within a stated period; and
(c)contain a statement about the effect of subsection (5).
(4)The stated period must be at least 14 days starting on the date the notice is given to the landholder.
(5)If the landholder does not comply with the notice—
(a)the responsible utility may do whatever is necessary to stop the interference or remove the likelihood of the interference; and
(b)the reasonable expenses incurred by the utility are a debt due to the utility by the landholder.
(6)Subsection (5) (b) does not apply to a structure or tree that was, or an activity that commenced, on, under or over the land before the installation of the regulated utility network or network facility to which the interference relates.
(7)In urgent circumstances, subsection (2) does not apply and the responsible utility may do whatever is necessary to stop the interference or to remove the likelihood of the interference—
(a)without notice to the landholder; and
(b)at the expense of the utility.
(8)The responsible utility must, as soon as practicable after taking action under subsection (7), give written notice to the landholder and the technical regulator about—
(a)the action taken to stop the interference or to remove the likelihood of the interference; and
(b)the urgent circumstances that required the action under subsection (7).
(9)If both of the following happen, the amount of the loss or damage is a debt owing to the person by the responsible utility:
(a)the responsible utility acts under this section in relation to a structure or tree that was, or an activity that began, on, under or over the land before the installation of the regulated utility network or network facility to which the interference relates;
(b)the person suffers loss or damage because of the responsible utility’s action.
(10)Any work undertaken under this section that affects a protected tree is subject to the Urban Forest Act 2023, part 3 (Protection of trees).
NoteUnder the Urban Forest Act 2023, pt 3 it is an offence to damage a protected tree or do prohibited groundwork in the tree’s protection zone (see that Act, s 16 and s 17). However, the offences do not apply to—
(a)for a public or regulated tree—anything done in relation to the tree under this section; or
(b)for any other protected tree—an activity approved under that Act, s 28 or s 32 (see that Act, s 18 (1) (c)).
(11)In subsection (7):
urgent circumstances means circumstances in which it is necessary to protect—
(a)the integrity of a regulated utility network or network facility; or
(b)the health or safety of people; or
(c)public or private property; or
(d)the environment.
Network protection—action affecting heritage significance
(1)If a notice under section 32 is about action that may affect a place or object registered, or nominated for provisional registration, under the Heritage Act 2004, the responsible utility must also give a copy of the notice to the heritage council as soon as practicable.
(2)If a responsible utility acts in urgent circumstances as mentioned in section 32 (7), it must give the heritage council written notice of the action as soon as practicable.
Division 5.3 Contamination of water or sewerage networks
Offence—contamination of water
A person commits an offence if the person—
(a)engages in conduct that contaminates water in a water network; and
(b)is reckless about whether the conduct is likely to contaminate water in a water network; and
(c)is not authorised to engage in the conduct by the responsible utility for the network.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Offence—prohibited substances—water or sewerage network
A person commits an offence if the person—
(a)introduces a substance, or allows a substance to be introduced, into a water network or sewerage network; and
(b)is reckless about whether the substance—
(i)is likely to interfere with a regulated utility network or a network facility; or
(ii)will form a compound that is likely to interfere with a regulated utility network or a network facility; and
(c)is not authorised to introduce the substance by the responsible utility for the network.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Exempt water treatments
(1)Section 34 and section 35 do not apply to the addition by the responsible utility to a water network of—
(a)a chemical for the purpose of clarifying, purifying or otherwise treating the water in that network at a concentration that is not injurious to public health; or
(b)fluoride at a concentration not exceeding 1.0mg/L.
(2)For subsection (1) (b), a concentration is taken to be a concentration of 1.0mg/L if the concentration—
(a)would result in an average concentration of 1.0mg/L during a period of 24 hours; and
(b)does not exceed 1.2mg/L.
Division 5.4 Miscellaneous
Offence—unauthorised network connections
(1)A person commits an offence if the person—
(a)connects premises to a regulated utility network; and
(b)is not—
(i)the responsible utility for the network; or
(ii)an agent of the responsible utility; or
(iii)authorised by the responsible utility.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)In this section:
responsible utility includes a NERL retailer.
Offence—unauthorised abstraction etc of electricity
A person commits an offence if the person—
(a)abstracts, diverts or uses electricity from an electricity network; and
(b)is not authorised to abstract, divert or use the electricity by the responsible utility for the network.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Offence—unauthorised abstraction etc of gas
A person commits an offence if the person—
(a)abstracts, diverts or uses gas from a gas network; and
(b)is not authorised to abstract, divert or use the gas by the responsible utility for the network.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Offence—unauthorised abstraction etc of water
A person commits an offence if the person—
(a)abstracts, diverts or uses water from a water network; and
(b)is not authorised to abstract, divert or use the water by the responsible utility for the network.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Extended meaning of network
(1)In section 38, section 39 and section 40:
network includes related infrastructure between the network boundary and a customer meter.
(2)In this section:
customer meter, in relation to the supply of electricity, gas or water, means a meter used to measure the supply to a customer’s premises.
Part 5AVegetation and electrical infrastructure management
Division 5A.1 General
41ADefinitions—pt 5A
In this part:
occupier, of premises, includes—
(a)a person whom a responsible utility believes on reasonable grounds to be an occupier of the premises; and
(b)a person apparently in charge of the premises.
owner, in relation to land—
(a)means a person who leases or subleases the land; and
(b)includes an occupier of premises on the land.
responsible utility means the responsible utility for an electricity network.
rural lease—see the Planning Act 2023, section 256.
rural leased land means land in relation to which a rural lease is granted.
41BNational land
Functions of the kind exercisable by a responsible utility under this part are exercisable in relation to national land only by agreement with the Commonwealth.
Division 5A.2 Vegetation management
41CDefinitions—div 5A.2
In this division:
aerial cable means any insulated or covered conductor or assembly of cores (with or without protective covering) that is above ground or water, suspended in the open air between 2 or more supports and forms part of an electricity network.
aerial conductor means any bare conductor that is above ground or water, suspended in the open air between 2 or more supports and forms part of an electricity network.
aerial line means an aerial cable, aerial conductor or aerial service line.
aerial service line means the final span or section of a low voltage aerial conductor of an upstream network that is connected to a point of supply.
conductor means a finished circular stranded assembly consisting of 3 or more metallic wires laid up together that has the specific function of carrying electrical current.
covered conductor means a conductor around which is applied a specified thickness of insulating material.
insulated, for a thing, means the thing is surrounded by a nonconducting substance that provides resistance to—
(a)the passage of current; or
(b)disruptive discharges through or over the surface of the thing at the operating voltage; or
(c)the injurious leakage of current.
U, for an aerial line, means its nominal voltage.
41DClearance from aerial lines—vegetation
(1)A responsible utility is responsible for the clearance of vegetation near an aerial line on the following (the land):
(a)unleased territory land;
(b)rural leased land;
(c)national land.
Examples—par (a)
park, nature strip, nature reserve, national park
Example—par (b)
farm
(2)A responsible utility may—
(a)enter and occupy the land; and
(b)undertake any activity or work on the land that is reasonably necessary for the clearance of vegetation near an aerial line, including—
(i)the felling or lopping of trees; or
(ii)the trimming of roots of trees or other plants; or
(iii)the clearing or removal of vegetation.
NoteA responsible utility must give notice to the owner of the land before entering or occupying the land (see s 41L).
(3)However, the responsible utility may only undertake an activity or work under subsection (2) (b) in accordance with a technical code (if any) that applies to the activity or work.
NoteA responsible utility commits an offence if a technical code applies to the utility, and the utility fails to comply with a requirement of the code (see s 16 (2)).
(4)A responsible utility commits an offence if the responsible utility—
(a)is responsible for the clearance of vegetation near an aerial line on the land; and
(b)allows any part of a tree or other vegetation on the land to be too close to the aerial line.
Maximum penalty: 10 penalty units.
(5)An offence against subsection (4) is a strict liability offence.
(6)Subsection (4) does not apply if the responsible utility has a reasonable excuse.
(7)A part of a tree or other vegetation on the land is too close to an aerial line if at any time it is within the minimum distance from any part of the line worked out in accordance with table 41D.
(8)Any work undertaken under this section that affects a protected tree is subject to the Urban Forest Act 2023, part 3 (Protection of trees).
NoteUnder the Urban Forest Act 2023, pt 3 it is an offence to damage a protected tree or do prohibited groundwork in the tree’s protection zone (see that Act, s 16 and s 17). However, the offences do not apply to—
(a)for a public or regulated tree—anything done in relation to the tree under this section; or
(b)for a registered or remnant tree, if the work is undertaken for protecting life or property in urgent circumstances—anything done in relation to the tree under this section; or
(c)for a protected tree in any other case—an activity approved under that Act, s 28 or s 32 (see that Act, s 18 (1) (c)).
Table 41D
| column 1 | column 2 | column 3 | column 4 | column 5 |
| direction in which minimum distance must be observed | minimum distance from insulated aerial cable or insulated aerial service line, where- U £ 1 kV | minimum distance from aerial conductor or covered aerial cable, where- U £ 1 kV | minimum distance from aerial conductor or aerial cable, where- 1 kV < U £ 33 kV | minimum distance from aerial conductor or aerial cable, where- 33 kV < U £ 132 kV |
| any direction | 1.0m | 1.5m | 2.0m | 3.0m |
41EMeasuring clearances from aerial lines
For this Act, the minimum distance from any part of an aerial line is to be measured from the nearest point to which the line sags or swings.
Division 5A.3 Electrical infrastructure management
41FDefinitions—div 5A.3
In this division:
electrical infrastructure, means—
(a)powerlines and cables; and
(b)substations and equipment for monitoring, distributing, converting, transforming or controlling electricity; and
(c)a structure supporting overhead powerlines and cables; and
(d)wires, ducts or pipes for wires or equipment; and
(e)communication equipment for the management of an electricity network; and
(f)anything else ancillary to paragraphs (a) to (e).
network boundary means a boundary between an electricity network and customers’ premises worked out under section 53.
41GMaintenance of electrical infrastructure within network boundary
(1)A responsible utility is responsible for maintaining electrical infrastructure within the network boundary.
(2)A responsible utility commits an offence if the responsible utility—
(a)is responsible for maintaining electrical infrastructure within the network boundary; and
(b)fails to adequately maintain the electrical infrastructure.
Maximum penalty: 10 penalty units.
(3)Subsection (2) does not apply if the responsible utility has a reasonable excuse.
41HMaintenance of electrical infrastructure within network boundary—powers
(1)For section 41G, a responsible utility may maintain electrical infrastructure and, for that purpose, do anything reasonably necessary, including—
(a)entering and occupying land; and
(b)undertaking any work on the land for maintaining electrical infrastructure.
NoteA responsible utility must give notice to the owner of land before entering or occupying the land (see s 41L).
(2)However, the responsible utility may only undertake work under subsection (1) (b) in accordance with a technical code (if any) that applies to the work.
NoteA responsible utility commits an offence if a technical code applies to the utility, and the utility fails to comply with a requirement of the code (see s 16 (2)).
(3)For subsection (1) (b), the maintenance of electrical infrastructure includes the following:
(a)the alteration, removal, repair or replacement of any part of the electrical infrastructure;
(b)inspecting or otherwise ensuring the proper functioning of the electrical infrastructure from time to time;
(c)constructing, installing or placing any plant, machinery, equipment or goods;
(d)interrupting the provision of utility services by the responsible utility;
(e)demolishing, destroying or removing any electrical infrastructure installed or used by the responsible utility in relation to the provision of a utility service.
(4)Any work undertaken under this section that affects a protected tree is subject to the Urban Forest Act 2023, part 3 (Protection of trees).
NoteUnder the Urban Forest Act 2023, pt 3 it is an offence to damage a protected tree or do prohibited groundwork in the tree’s protection zone (see that Act, s 16 and s 17). However, the offences do not apply to—
(a)for a public or regulated tree—anything done in relation to the tree under this section; or
(b)for a registered or remnant tree, if the work is undertaken for protecting life or property in urgent circumstances—anything done in relation to the tree under this section; or
(c)for a protected tree in any other case—an activity approved under that Act, s 28 or s 32 (see that Act, s 18 (1) (c)).
41IInspection of electrical infrastructure outside network boundary
(1)This section applies in relation to electrical infrastructure—
(a)on rural leased land (the land); and
(b)outside the network boundary.
(2)A responsible utility—
(a)must inspect the electrical infrastructure at least every 3 years to check if it is maintained adequately and in a safe state; and
(b)may enter the land to carry out the inspection.
NoteA responsible utility must give notice to the owner of the land before entering the land (see s 41L).
(3)If, on inspection of the electrical infrastructure, the responsible utility is satisfied on reasonable grounds that the electrical infrastructure is not being maintained adequately and is in an unsafe state, the responsible utility may give the owner written notice to take whatever action is necessary to repair and restore the electrical infrastructure to a safe state.
(4)The notice must—
(a)state the repairs needed to restore the electrical infrastructure to a safe state; and
(b)require the owner to take stated action to repair and restore the electrical infrastructure within a stated period; and
(c)contain a statement about the effect of subsection (6); and
(d)contain a statement about the effect of section 41M (Management operations outside network boundary—dispute); and
NoteThe owner may make a submission to the responsible utility and apply to the ACAT for a determination under s 41M.
(5)The stated period must be a reasonable period (not less than 14 days) starting on the date the notice is given to the owner.
(6)If the owner does not comply with the notice—
(a)the responsible utility may do whatever is necessary to repair and restore the electrical infrastructure to a safe state; and
(b)the reasonable expenses incurred by the responsible utility are a debt due to the responsible utility by the owner.
NoteA responsible utility must give notice to the owner of the land before repairing and restoring the electrical infrastructure to a safe state (see s 41L).
(7)In urgent circumstances, the responsible utility may do whatever is necessary to repair and restore the electrical infrastructure to a safe state—
(a)without giving notice to the owner under subsection (3); and
(b)at the utility’s expense.
(8)The responsible utility must, as soon as practicable after taking action under subsection (7), give written notice to the owner and the technical regulator about—
(a)the action taken to repair and restore the electrical infrastructure to a safe state; and
(b)the urgent circumstances that required the action.
(9)Any work undertaken under this section that affects a protected tree is subject to the Urban Forest Act 2023, part 3 (Protection of trees).
NoteUnder the Urban Forest Act 2023, pt 3 it is an offence to damage a protected tree or do prohibited groundwork in the tree’s protection zone (see that Act, s 16 and s 17). However, the offences do not apply to—
(a)for a public or regulated tree—anything done in relation to the tree under this section; or
(b)for a registered or remnant tree, if the work is undertaken for protecting life or property in urgent circumstances—anything done in relation to the tree under this section; or
(c)for a protected tree in any other case—an activity approved under that Act, s 28 or s 32 (see that Act, s 18 (1) (c)).
(10)In this section:
urgent circumstances means circumstances in which it is necessary to protect—
(a)the integrity of a regulated utility network or network facility; or
(b)the health or safety of people; or
(c)public or private property; or
(d)the environment.
Division 5A.4 Performance of management operations
41JDefinitions—div 5A.4
In this division:
management operations means an activity or work undertaken by a responsible utility—
(a)to clear vegetation near an aerial line under division 5A.2 (Vegetation management); or
(b)to maintain electrical infrastructure within the network boundary under division 5A.3 (Electrical infrastructure management); or
(c)to inspect electrical infrastructure outside the network boundary under division 5A.3; or
(d)to repair and restore electrical infrastructure outside the network boundary to a safe state under section 41I (6) if the owner does not comply with a notice under section 41I (3).
private land means land other than public land.
public land means national or unleased territory land.
41KDamage etc to be minimised
In carrying out management operations, a responsible utility must take all reasonable steps to ensure that it causes as little inconvenience, detriment and damage as practicable.
41LNotice to owner
(1)This section applies to management operations on private land.
(2)Before a responsible utility starts the management operations, it must give the owner written notice of the proposed operations.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)The notice must—
(a)be given a reasonable period (not less than 7 days) before the management operations start; and
(b)so far as practicable, state the following:
(i)for vegetation clearance near an aerial line—the trees and vegetation affected and the activity proposed;
(ii)for maintenance of electrical infrastructure—the electrical infrastructure requiring maintenance and the activity proposed;
(iii)for the inspection of electrical infrastructure—the electrical infrastructure to be inspected;
(iv)for the repair and restoration of electrical infrastructure under section 41I (6)—
(A)that the utility intends to repair and restore the electrical infrastructure to a safe state; and
(B)that the reasonable expenses incurred by the responsible utility are a debt due to the responsible utility by the owner; and
(C)the effect of section 41M (Management operations outside network boundary—dispute); and
NoteThe owner may make a submission to the responsible utility and apply to the ACAT for a determination under s 41M.
(v)the period during which the activity is expected to be carried out.
(4)The owner may waive its right to all or part of the minimum period of notice under subsection (3) (a).
(5)Subsection (2) does not apply if the management operations are to be carried out in urgent circumstances in which it is necessary to protect—
(a)the integrity of a network or network facility; or
(b)the health or safety of people; or
(c)public or private property; or
(d)the environment.
41MManagement operations outside network boundary—dispute
(1)This section applies if—
(a)a responsible utility gives notice to an owner to repair and restore electrical infrastructure under section 41I (4); or
(b)the responsible utility gives notice to the owner under section 41L (3) (b) (iv) that—
(i)the utility intends to repair and restore the electrical infrastructure to a safe state; and
(ii)the reasonable expenses incurred by the responsible utility are a debt due to the responsible utility by the owner.
(2)The owner may—
(a)make a submission to the responsible utility about the repairs; or
(b)propose a different period for the repairs to be carried out.
(3)If the responsible utility and the owner cannot agree on the repairs, or the period for the repairs to be carried out, either the utility or the owner may apply to the ACAT for a determination of the repairs or the period.
Part 6Operating certificates
Division 6.1 General
Meaning of unlicensed regulated utility—pt 6
In this part:
unlicensed regulated utility means a person who provides, or proposes to provide, a regulated utility service under this Act, but is not required to be licensed under the Utilities Act 2000 (or is exempt from the requirement to be licensed under that Act).
Division 6.2 Operating certificates—unlicensed regulated utilities
Operating certificate—application
(1)An unlicensed regulated utility must apply to the technical regulator for an operating certificate.
(2)An application must include information about the utility’s—
(a)capacity to ensure the safe, reliable and efficient delivery of regulated utility services; and
(b)promotion of the long-term serviceability of regulated utility networks and regulated utility services; and
(c)promotion of design integrity and functionality of regulated utility networks; and
(d)capacity to ensure the safe and reliable operation and maintenance of regulated utility networks and regulated utility services to protect the following:
(i)the public;
(ii)people working on regulated utility networks and regulated utility services;
(iii)property near regulated utility networks and regulated utility services;
(iv)the environment.
Note 1If a form is approved under s 111 for this provision, the form must be used.
Note 2A fee may be determined under s 110 for this provision.
Operating certificate—further information
(1)The technical regulator may, by written notice, require the applicant to give the technical regulator further stated information about the application including plans detailing the regulated utility service or the proposed regulated utility service.
(2)The technical regulator is not required to decide an application until the applicant complies with a requirement under subsection (1).
Operating certificate—information on likely compliance costs
Before granting an operating certificate, the technical regulator may, by written notice, give the applicant information about the following:
(a)the auditing and compliance schedules that will apply in relation to the regulated utility service being provided or proposed;
(b)the technical codes that will apply, or may need to be developed, in relation to the regulated utility service being provided or proposed;
(c)the fees that are likely to apply in relation to auditing, compliance and technical codes.
Operating certificate—grant
(1)The technical regulator must grant an operating certificate if satisfied on reasonable grounds that—
(a)for an unlicensed regulated utility providing a regulated utility service—the regulated utility service is being provided in accordance with the following criteria:
(i)provision in accordance with this Act;
(ii)delivery in a safe, reliable and efficient manner;
(iii)sufficient consideration of long‑term serviceability;
(iv)sufficient consideration of design integrity and functionality;
(v)safe and reliable operation and maintenance in a manner that protects the following:
(A)the public;
(B)people working on the regulated utility service;
(C)property near the regulated utility service;
(D)the environment; or
(b)for an unlicensed regulated utility that is proposing to provide a regulated utility service—
(i)the proposed service will be a regulated utility service; and
(ii)the proposed service can be constructed in such a way that it will operate, in accordance with the criteria in subsection (1) (a).
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation or technical code (see Legislation Act, s 104).
(2)If the technical regulator is satisfied on reasonable grounds that an unlicensed regulated utility is providing, or proposing to provide, a regulated utility service that is not covered by a technical code, the technical regulator may—
(a)before a technical code is approved—grant an operating certificate on the condition that the unlicensed regulated utility will comply with a technical code after the code is approved; or
(b)refuse to grant an operating certificate until after a technical code is approved.
(3)If the approval of a technical code is required as a result of subsection (2)—
(a)the technical code is a technical code under part 3 of this Act; and
(b)an unlicensed regulated utility that is proposing to provide a regulated utility service is to be taken to be a regulated utility for section 12 (Draft technical codes—proposed by regulated utility) and section 13 (Draft technical codes—consultation).
(4)To remove any doubt, the grant of an operating certificate under this section does not authorise the sale of anything produced by the unlicensed regulated utility without an approval, licence or other thing required for the sale under other legislation.
NoteSee s 7 (Other laws not affected).
Operating certificate—term
An operating certificate granted under section 46 is in force for the term stated in the certificate.
Operating certificate—general condition
(1)The technical regulator may give an unlicensed regulated utility written notice of the following:
(a)the auditing and compliance schedules that apply to the regulated utility service being provided under the operating certificate;
(b)the technical codes that apply to the regulated utility service being provided under the operating certificate;
(c)that the development of a technical code is required for the regulated utility service being provided or proposed by the unlicensed regulated utility;
(d)the fees that apply in relation to auditing, compliance and technical codes.
Note 1A fee may be determined under s 110 for this provision.
Note 2For how documents may be given, see the Legislation Act, pt 19.5.
(2)It is a condition of an operating certificate that the unlicensed regulated utility operating under the certificate must comply with a requirement notified under subsection (1).
Operating certificate—revocation
(1)The technical regulator may revoke an operating certificate if the technical regulator is satisfied on reasonable grounds that—
(a)a condition of the operating certificate is not being complied with; or
(b)the unlicensed regulated utility is providing a regulated utility service in contravention of this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation or technical code (see Legislation Act, s 104).
(2)Before revoking an operating certificate, the technical regulator must—
(a)give the unlicensed regulated utility a written notice stating—
(i)that the technical regulator proposes to revoke the operating certificate under this section; and
(ii)the reasons for the proposed revocation; and
(iii)that the unlicensed regulated utility may, not later than 20 days after the day the written notice is given, give the technical regulator a written submission about the proposed revocation; and
(b)consider any submission given under paragraph (a) (iii).
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
Division 6.3 Enforcement of operating certificates
Offence—providing regulated utility service without operating certificate
An unlicensed regulated utility commits an offence if—
(a)the unlicensed regulated utility provides a regulated utility service; and
(b)an operating certificate is not in force in relation to the unlicensed regulated utility.
Maximum penalty: 3 000 penalty units.
Offence—constructing regulated utility service without operating certificate
An unlicensed regulated utility commits an offence if—
(a)the unlicensed regulated utility constructs infrastructure for the provision of a regulated utility service; and
(b)an operating certificate is not in force in relation to the unlicensed regulated utility.
Maximum penalty: 3 000 penalty units.
Part 7Network boundaries and isolated infrastructure
Division 7.1 General
Definitions—pt 7
In this part:
alternative network boundary means a boundary that—
(a)is allowed for under a technical code; and
(b)is made by agreement between a regulated utility and another person; and
(c)if made, applies instead of the network boundary under section 53 (1).
infrastructure means the following:
(a)in relation to an electricity network—
(i)powerlines and cables; and
(ii)substations and equipment for monitoring, distributing, converting, transforming or controlling electricity; and
(iii)a structure supporting overhead powerlines and cables; and
(iv)wires, ducts or pipes for wires or equipment; and
(v)communication equipment for the management of the network; and
(vi)any other thing ancillary to any other part of the infrastructure;
(b)in relation to a gas network—
(i)pipelines; and
(ii)meters; and
(iii)any equipment (including pressure control devices, excess flow valves, control valves, actuators, electrical equipment, telemetry equipment, cathodic protection installations, compounds, pits, buildings, signs and fences); and
(iv)any other thing ancillary to any other part of the infrastructure;
(c)in relation to a water network—
(i)water storages, mains and treatment plants; and
(ii)pumps, facilities and equipment for distributing water, or monitoring or controlling the distribution of water; and
(iii)pipes or equipment; and
(iv)any other thing ancillary to any other part of the infrastructure;
(d)in relation to a sewerage network—
(i)sewage storages, trunk sewers, mains and treatment plants; and
(ii)pumps, facilities and equipment for conveying sewage, or monitoring or controlling the conveyance of sewage; and
(iii)pipes or equipment; and
(iv)any other thing ancillary to any other part of the infrastructure.
isolated infrastructure means infrastructure that—
(a)is connected to a network, but because of an alternative network boundary, is excluded from the network; and
(b)has a connection point to premises; and
(c)supplies electricity, gas, water or sewerage to the connection point of the premises.
Division 7.2 Network boundaries
Network boundary
(1)The boundary of a network must be worked out in accordance with a technical code.
(2)A technical code may deal with the boundary of a network by reference to a connection point between the network and—
(a)customers’ premises; or
(b)buildings or structures on customers’ premises; or
(c)any other network.
(3)If a technical code allows for an alternative network boundary to be agreed between a regulated utility and another person, the agreement may only be made if—
(a)the location and properties of any isolated infrastructure that is created by the alternative boundary is clearly identified; and
(b)the technical regulator agrees in writing to the alternative boundary.
Division 7.3 Isolated infrastructure—maintenance requirements
Technical inspector’s warning notice—isolated infrastructure
(1)A technical inspector may inspect isolated infrastructure.
NoteFor powers of technical inspectors, see div 9.4.
(2)If, on inspection, a technical inspector is satisfied on reasonable grounds that isolated infrastructure is not being maintained in a way that is likely to prevent or resolve faults, the technical inspector must give the owner of the isolated infrastructure a written notice (a show cause notice) stating—
(a)that the technical inspector proposes to issue a notice (a technical inspector’s warning notice); and
(b)the details of the proposed technical inspector’s warning notice; and
(c)that the owner of the isolated infrastructure may, not later than 20 days after the day the owner is given the show cause notice, give the technical inspector a written submission about the proposed technical inspector’s warning notice.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)The technical inspector must give a copy of the show cause notice to the relevant regulated utility.
(4)After considering any submission given under subsection (2) (c), the technical inspector may, if satisfied on reasonable grounds that the isolated infrastructure is not being maintained in a way that is likely to prevent or resolve faults, give the owner of the isolated infrastructure a technical inspector’s warning notice stating—
(a)the reasons for the warning notice; and
(b)the action required to properly maintain the infrastructure; and
(c)the time period within which the action is required; and
(d)if the warning notice is not complied with in the time mentioned in paragraph (c), that—
(i)a technical regulator’s direction under section 55 may be given without further notice; and
(ii)the technical regulator’s compliance report must include details of the non-compliance.
(5)In this section:
relevant regulated utility means the regulated utility that owns the regulated utility network that is connected to the isolated infrastructure that is the subject of the technical regulator’s direction.
Technical regulator’s directions—isolated infrastructure
(1)This section applies if the technical regulator is satisfied on reasonable grounds that—
(a)the owner of isolated infrastructure is not maintaining the infrastructure in a way that is likely to prevent or resolve faults; and
(b)there is a risk of significant adverse effects on the community, the environment or a network if the isolated infrastructure fails.
(2)The technical regulator may give the owner of the isolated infrastructure a written notice (a show cause notice) stating—
(a)that the technical regulator proposes to issue a direction (a technical regulator’s direction); and
(b)the details of the proposed technical regulator’s direction; and
(c)that the owner of isolated infrastructure may, not later than 20 days after the day the owner is given the show cause notice, give the technical regulator a written submission about the proposed technical regulator’s direction.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(3)After considering any submission given under subsection (2) (c), the technical regulator may direct the owner of the isolated infrastructure to take the action stated in the technical regulator’s direction including 1 or more of the following:
(a)to ensure the isolated infrastructure is maintained in a way that is likely to prevent or resolve faults;
(b)to reduce the risk of significant adverse effects on the community, the environment or a network if the isolated infrastructure fails;
(c)to begin negotiations with the relevant regulated utility about the location of the alternative network boundary and the need to ensure that the isolated infrastructure becomes part of a network.
(4)If the technical regulator gives a direction to begin negotiations under subsection (3) (c), the technical regulator must also give the relevant regulated utility written notice about the issues that have arisen in relation to the isolated infrastructure.
(5)The technical regulator may give a technical regulator’s direction to the owner of isolated infrastructure only if—
(a)a technical inspector has given a technical inspector’s warning notice and the warning notice has not been complied with; or
(b)the technical regulator has given the owner of the isolated infrastructure a show cause notice under this section.
(6)As soon as practicable after a technical regulator’s direction is given, the technical regulator must prepare a statement about the direction and the reasons for it.
NoteFor what must be included in a statement of reasons, see the Legislation Act, s 179.
(7)The technical regulator’s direction and statement of reasons are notifiable instruments.
NoteA notifiable instrument must be notified under the Legislation Act.
(8)In this section:
relevant regulated utility means the regulated utility that owns the regulated utility network that is connected to the isolated infrastructure that is the subject of the technical regulator’s direction.
Offence—owner of isolated infrastructure failing to comply with technical regulator’s direction
An owner of isolated infrastructure commits an offence if the owner—
(a)is given a technical regulator’s direction; and
(b)intentionally fails to take reasonable steps to comply with the direction.
Maximum penalty: 2 000 penalty units.
Part 8Dams safety
Division 8.1 General
Definitions—pt 8
In this part:
dam—
(a)means an artificial barrier, and incidental or related works, constructed for the storage or control of water, other liquids, or other material within a liquid; but
(b)does not include a concrete and steel ring tank that is reliant on hoop stress for structural stability.
dams register—see section 58.
further information—see section 62 (Technical regulator may require further information).
Googong dam means the dam in the Googong Dam Area.
Googong Dam Area—see the Canberra Water Supply (Googong Dam) Act 1974 (Cwlth), section 3.
listed dam means a dam or proposed dam that is listed under section 69 (Listing of certain dams).
owner, in relation to a dam or proposed dam, means a person who owns, leases, subleases or proposes to develop the dam.
proposed dam—a dam is a proposed dam if a person obtains development approval for the dam under the Planning Act 2023.
registrable dam means—
(a)a dam, or proposed dam, in the Territory that—
(i)is more than 5m high; or
(ii)has a water storage capacity of more than 250ML; and
(b)Googong dam.
NoteUnder the Canberra Water Supply (Googong Dam) Act 1974 (Cwlth), s 4 the Australian Capital Territory Executive has functions in relation to the operation and maintenance of a dam in the Googong Dam Area.
required information—see section 59.
technical code for listed dam means a technical code approved under section 73.
Part 11Miscellaneous
Protection from civil liability
(1)A person exercising a function under this Act does not incur civil liability for an act or omission done honestly and without negligence for this Act.
(2)Civil liability that would, apart from this section, attach to a person attaches instead to the Territory.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Evidentiary certificates
(1)The technical regulator may issue a certificate, signed by the technical regulator, stating that on a date or during a period stated that––
(a)a stated technical code was in force under this Act; or
(b)a stated technical code for listed dams was in force under this Act; or
(c)a stated dam was a registrable dam and that a named person was included in the dams register as the owner of the dam; or
(d)a stated dam was a listed dam and that a named person was included in the dams register as the owner of the dam; or
(e)a named person did or did not have an operating certificate for a stated regulated utility service; or
(f)a stated regulated utility service did or did not have an operating certificate; or
(g)a utility service licensed under the Utilities Act 2000 had a condition imposed on its licence and stating the details of the condition.
(2)A certificate under this section is evidence of the matters stated in it.
(3)Unless the contrary is proved, a document that purports to be a certificate under this section is taken to be a certificate.
Determination of fees
(1)The technical regulator may determine fees for this Act.
NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Approved forms
(1)The technical regulator may approve forms for this Act.
(2)If the technical regulator approves a form for a particular purpose, the approved form must be used for that purpose.
NoteFor other provisions about forms, see the Legislation Act, s 255.
(3)An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
Regulation-making power
The Executive may make regulations for this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Schedule 1Reviewable decisions
(see pt 10)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 18 (3) | issue technical regulator’s direction | regulated utility |
| 2 | 46 (1) | refuse to grant operating certificate | unlicensed regulated utility |
| 3 | 46 (2) | refuse to grant operating certificate until after technical code approved | unlicensed regulated utility |
| 4 | 49 (1) | revoke operating certificate | unlicensed regulated utility |
| 5 | 55 (3) | issue technical regulator’s direction for isolated infrastructure | owner of isolated infrastructure |
| 6 | 68 (4) | refuse to correct dams register | owner of registrable dam |
| 7 | 96 (2) | issue stop notice | person issued with stop notice |
| 8 | 98 (3) | refuse to cancel stop notice | person applying for cancellation of stop notice |
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· amend
· appoint
· AS (see s 164 (1))
· AS/NZS (see s 164 (2))
· change
· conservator of flora and fauna
· director-general (see s 163)
· disallowable instrument (see s 9)
· fail
· function
· independent competition and regulatory commission
· Minister (see s 162)
· national land
· notifiable instrument (see s 10)
· penalty unit (see s 133)
· territory land
· the Territory.
aerial cable, for division 5A.2 (Vegetation management)—see section 41C.
aerial conductor, for division 5A.2 (Vegetation management)—see section 41C.
aerial line, for division 5A.2 (Vegetation management)—see section 41C.
aerial service line, for division 5A.2 (Vegetation management)—see section 41C.
alternative network boundary, for part 7 (Network boundaries and isolated infrastructure)—see section 52.
compliance report means the report under section 80 (Technical regulator’s compliance report).
conductor, for division 5A.2 (Vegetation management)—see section 41C.
connected, with an offence, for part 9 (Enforcement)—see section 76.
covered conductor, for division 5A.2 (Vegetation management)—see section 41C.
customer, for a regulated utility service, means—
(a)a person for whom the service is provided under a customer contract; or
(b)a person who has applied, orally or in writing, to be a regulated utility for—
(i)the service to be provided under a customer contract; or
(ii)approval of a plan for plumbing or drainage work to connect premises to a water network or sewerage network.
customer contract, for a regulated utility service, includes—
(a)a customer contract under the Utilities Act 2000; and
(b)a contract that is similar to a customer contract under the Utilities Act 2000, but made between a regulated utility service and a customer.
dam, for part 8 (Dams safety)—see section 57.
dams register, for part 8 (Dams safety)—see section 58.
dangerous incident, for part 4 (Reporting of notifiable incidents)—see section 28.
electrical infrastructure, for division 5A.3 (Electrical infrastructure management)—see section 41F.
electricity network—see the Utilities Act 2000, section 7.
further information, for part 8 (Dams safety)—see section 62.
gas network—see the Utilities Act 2000, section 10.
Googong dam, for part 8 (Dams safety)—see section 57.
Googong Dam Area, for part 8 (Dams safety)—see section 57.
ICRC means the independent competition and regulatory commission.
infrastructure, for part 7 (Network boundaries and isolated infrastructure)—see section 52.
insulated, for a thing, for division 5A.2 (Vegetation management)—see section 41C.
interference, with a regulated utility network or network facility, for part 5 (Protection of regulated utility networks)—see section 30.
isolated infrastructure, for part 7 (Network boundaries and isolated infrastructure)—see section 52.
listed dam, for part 8 (Dams safety)—see section 57.
management operations, for division 5A.4 (Performance of management operations)—see section 41J.
national electricity rules means the National Electricity Rules under the National Electricity (ACT) Law.
NERL exempt seller—see the Utilities Act 2000, section 75A.
NERL retailer—see the Utilities Act 2000, section 75.
network—
(a)for this Act—means any of the following:
(i)an electricity network;
(ii)a gas network;
(iii)a sewerage network;
(iv)a water network;
(v)a network prescribed for a prescribed utility service under the Utilities Act 2000, section 15; or
(b)for section 38, section 39 and section 40—see section 41 (Extended meaning of network).
network boundary, for division 5A.3 (Electrical infrastructure management)—see section 41F.
network facility means any part of the infrastructure of a regulated utility network.
notifiable incident, for part 4 (Reporting of notifiable incidents)—see section 28.
occupier, of premises—
(a)for part 5A (Vegetation and electrical infrastructure management)—see section 41A; and
(b)for part 9 (Enforcement)—see section 76.
offence, for part 9 (Enforcement)—see section 76.
owner—
(a)for part 5A (Vegetation and electrical infrastructure management)—see section 41A; and
(b)in relation to a dam or proposed dam, for part 8 (Dams safety)—see section 57.
premises includes land and place.
private land, for division 5A.4 (Performance of management operations)—see section 41J.
proposed dam, for part 8 (Dams safety)—see section 57.
protected tree—see the Urban Forest Act 2023, section 9.
public land, for division 5A.4 (Performance of management operations)—see section 41J.
registrable dam, for part 8 (Dams safety)—see section 57.
regulated utility—see section 8.
regulated utility network means a network that is owned by a regulated utility and used for providing a regulated utility service under this Act.
regulated utility service—see section 9.
related law means—
(a)the Electricity Safety Act 1971; and
(b)the Gas Safety Act 2000; and
(c)the Water and Sewerage Act 2000.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
required information, for part 8 (Dams safety)—see section 59.
responsible utility—
(a)for this Act generally—for a regulated utility network or network facility, means a regulated utility that provides utility services using the regulated utility network or network facility; and
(b)for part 5A (Vegetation and electrical infrastructure management)—see section 41A.
reviewable decision, for part 10 (Notification and review of decisions)—see section 105.
rural lease, for part 5A (Vegetation and electrical infrastructure management)—see the Planning Act 2023, section 256.
rural leased land, for part 5A (Vegetation and electrical infrastructure management)—see section 41A.
sewerage network—see the Utilities Act 2000, section 14.
show cause notice—
(a)for section 17 (Technical regulator’s warning notice)—see section 17 (2); and
(b)for section 18 (Technical regulator’s directions)—see section 18 (2); and
(c)for section 54 (Technical inspector’s warning notice—isolated infrastructure)—see section 54 (2); and
(d)for section 55 (Technical regulator’s directions—isolated infrastructure)—see section 55 (2); and
(e)for section 79 (Technical regulator may recommend conditions on licence)—see section 79 (3).
technical code means a technical code approved under section 14.
technical code for listed dam, for part 8 (Dams safety)—see section 57.
technical inspector’s warning notice—see section 54.
technical regulator—see section 77.
technical regulator’s direction—
(a)in relation to regulated utilities—see section 18; and
(b)in relation to isolated infrastructure—see section 55.
technical regulator’s urgent direction—see section 20.
technical regulator’s warning notice—see section 17.
transmission means transmission under the national electricity rules.
U, for an aerial line, for division 5A.2 (Vegetation management)—see section 41C.
unlicensed regulated utility, for part 6 (Operating certificates)—see section 42.
utility infrastructure work, for division 9.5 (Stop notice—utility infrastructure work)—see section 95.
warrant, for part 9 (Enforcement)—see section 76.
water network—see the Utilities Act 2000, section 12.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Utilities (Technical Regulation) Act 2014 A2014-60
notified LR 8 December 2014
s 1, s 2 commenced 8 December 2014 (LA s 75 (1))
remainder commenced 1 March 2015 (s 2 and CN2015-1)as amended by
Planning, Building and Environment Legislation Amendment Act 2016 (No 2) A2016‑24 pt 12
notified LR 11 May 2016
s 1, s 2 commenced 11 May 2016 (LA s 75 (1))pt 12 commenced 12 May 2016 (s 2 (1))
Planning, Building and Environment Legislation Amendment Act 2017 A2017‑3 pt 8
notified LR 22 February 2017
s 1, s 2 commenced 22 February 2017 (LA s 75 (1))pt 8 commenced 23 February 2017 (s 2 (1))
Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.35
notified LR 23 February 2017
s 1, s 2 commenced 23 February 2017 (LA s 75 (1))
sch 3 pt 3.35 commenced 9 March 2017 (s 2)Utilities Legislation Amendment Act 2017 A2017-33 pt 3
notified LR 7 November 2017
s 1, s 2 commenced 7 November 2017 (LA s 75 (1))
pt 3 commenced 8 November 2017 (s 2 (1))Utilities (Technical Regulation) Amendment Act 2017 A2017-34
notified LR 8 November 2017
s 1, s 2 commenced 8 November 2017 (LA s 75 (1))
remainder commenced 1 July 2018 (s 2 (1) and CN2018-5)Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.38
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.38 commenced 23 October 2018 (s 2 (4))Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.36
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 3 pt 3.36 commenced 22 November 2018 (s 2 (1))Planning and Environment Legislation Amendment Act 2020 A2020‑22 pt 9
notified LR 10 June 2020
s 1, s 2 commenced 10 June 2020 (LA s 75 (1))
pt 9 commenced 11 June 2020 (s 2)Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.40
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.40 commenced 24 August 2022 (s 2)Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.68
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.68 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1 pt 1.13
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
sch 1 pt 1.13 commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2)Amendment history
Commencement
s 2om LA s 89 (4)
Meaning of regulated utility service
s 9am A2017-3 s 25
Other laws not affected
s 7am A2023-36 amdt 1.401
Exempt classes of regulated utility services
s 10Ains A2017‑33 s 7
Draft technical codes—consultation
s 13am A2017‑34 s 4; pars renum R8 LA
Offence—fail to comply with technical code
s 16am A2017‑34 s 5
Technical regulator’s warning notice
s 17am A2017‑4 amdt 3.210
Technical regulator’s directions
s 18am A2017‑4 amdt 3.200, amdt 3.210
Technical regulator’s urgent directions
s 20am A2017‑4 amdt 3.200
Technical regulator—obtaining information and documents
s 22am A2017‑4 amdt 3.210
Offence—reporting of notifiable incidents by regulated utility
s 29am A2017-3 s 26
Meaning of interference—pt 5
s 30sub A2017‑34 s 6
Network protection notices
s 32am A2017‑4 amdt 3.201; A2023-52 amdts 1.109-1.111
Vegetation and electrical infrastructure management
pt 5A hdgins A2017‑34 s 7
General
div 5A.1 hdg ins A2017‑34 s 7
Definitions—pt 5A
s 41Ains A2017‑34 s 7
def occupier ins A2017‑34 s 7
def owner ins A2017‑34 s 7
def responsible utility ins A2017‑34 s 7
def rural lease ins A2017‑34 s 7
sub A2023-36 amdt 1.402
def rural leased land ins A2017‑34 s 7
National land
s 41Bins A2017‑34 s 7
Vegetation management
div 5A.2 hdg ins A2017‑34 s 7
Definitions—div 5A.2
s 41Cins A2017‑34 s 7
def aerial cable ins A2017‑34 s 7
def aerial conductor ins A2017‑34 s 7
def aerial line ins A2017‑34 s 7
def aerial service line ins A2017‑34 s 7
def conductor ins A2017‑34 s 7
def covered conductor ins A2017‑34 s 7
def insulated ins A2017‑34 s 7
def U ins A2017‑34 s 7
Clearance from aerial lines—vegetation
s 41Dins A2017‑34 s 7
am A2023-52 amdt 1.112
Measuring clearances from aerial lines
s 41Eins A2017‑34 s 7
Electrical infrastructure management
div 5A.3 hdg ins A2017‑34 s 7
Definitions—div 5A.3
s 41Fins A2017‑34 s 7
def electrical infrastructure ins A2017‑34 s 7
def network boundary ins A2017‑34 s 7
Maintenance of electrical infrastructure within network boundary
s 41Gins A2017‑34 s 7
Maintenance of electrical infrastructure within network boundary—powers
s 41Hins A2017‑34 s 7
am A2023-52 amdt 1.113
Inspection of electrical infrastructure outside network boundary
s 41Iins A2017‑34 s 7
am A2023-52 amdt 1.114
Performance of management operations
div 5A.4 hdg ins A2017‑34 s 7
Definitions—div 5A.4
s 41Jins A2017‑34 s 7
def management operations ins A2017‑34 s 7
def private land ins A2017‑34 s 7
def public land ins A2017‑34 s 7
Damage etc to be minimised
s 41Kins A2017‑34 s 7
Notice to owner
s 41Lins A2017‑34 s 7
Management operations outside network boundary—dispute
s 41Mins A2017‑34 s 7
Operating certificate—application
s 43am A2016‑24 s 62
Operating certificate—grant
s 46am A2016‑24 s 63, s 64; A2017‑4 amdt 3.202; A2022‑14 amdt 3.214
Operating certificate—general condition
s 48am A2017‑4 amdt 3.203
Operating certificate—revocation
s 49am A2017‑4 amdt 3.210
Technical inspector’s warning notice—isolated infrastructure
s 54am A2017‑4 amdt 3.210
Technical regulator’s directions—isolated infrastructure
s 55am A2017‑4 amdt 3.204, amdt 3.210
Definitions—pt 8
s 57def proposed dam am A2023-36 amdt 1.403
Technical codes for listed dams—consultation
s 72am A2018‑42 amdt 3.114, amdt 3.115
Delegation by technical regulator
s 77Ains A2020‑22 s 25
Technical inspectors—appointment
s 81am A2022‑14 amdt 3.215
Power to enter premises
s 84am A2017‑4 amdt 3.205
Production of identity card
s 85am A2022‑14 amdt 3.215
Consent to entry
s 86am A2022‑14 amdt 3.215
Advance consent to entry
s 87am A2022‑14 amdt 3.215
Warrants—application made other than in person
s 89am A2018‑33 amdt 1.73, amdt 1.74
Meaning of utility infrastructure work—div 9.5
s 95am A2016‑24 s 65; A2017-3 s 27; A2017‑4 amdt 3.206, amdt 3.207
Stop notice
s 96am A2017‑4 amdt 3.210
Consequential amendments
pt 12 hdgom LA s 89 (3)
Utilities (Technical Regulation) Regulation 2017—sch 2
s 113om LA s 89 (3)
insA2017-3 s 28
exp 23 February 2017 (s 113 (5))
Transitional
pt 20 hdgexp 1 March 2018 (s 204)
Definitions—pt 20
s 200exp 1 March 2018 (s 204)
def commencement day exp 1 March 2018 (s 204)
Technical codes under Utilities Act 2000
s 201exp 1 March 2018 (s 204)
Application of offence of providing regulated utility service without operating certificate
s 202exp 1 March 2018 (s 204)
Transitional regulations
s 203exp 1 March 2018 (s 204)
Expiry—pt 20
s 204exp 1 March 2018 (s 204)
New Utilities (Technical Regulation) Regulation 2017
sch 2om LA s 89 (3)
insA2017-3 s 29
exp 23 February 2017 (s 113 (5))
Dictionary
dictam A2017‑34 s 8; A2018‑42 amdt 3.116
def aerial cable ins A2017‑34 s 9
def aerial conductor ins A2017‑34 s 9
def aerial line ins A2017‑34 s 9
def aerial service line ins A2017‑34 s 9
def conductor ins A2017‑34 s 9
def covered conductor ins A2017‑34 s 9
def electrical infrastructure ins A2017‑34 s 9
def electricity distribution network ins A2016‑24 s 66
om A2017‑4 amdt 3.208
def electricity transmission network ins A2016‑24 s 66
om A2017‑4 amdt 3.208
def gas distribution network om A2017‑4 amdt 3.208
def gas transmission network om A2017‑4 amdt 3.208
def insulated ins A2017‑34 s 9
def management operations ins A2017‑34 s 9
def network boundary ins A2017‑34 s 9
def network protection notice om A2017‑4 amdt 3.208
def occupier sub A2017‑34 s 10
def owner sub A2017‑34 s 10
def private land ins A2017‑34 s 11
def protected tree ins A2023-52 amdt 1.115
def public land ins A2017‑34 s 11
def responsibility utility sub A2017‑34 s 12
def rural lease ins A2017‑34 s 13
sub A2023-36 amdt 1.404
def rural leased land ins A2017‑34 s 13
def technical code for listed dam sub A2017‑4 amdt 3.209
def U ins A2017‑34 s 13
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 Mar 20151 Mar 2015–
11 May 2016not amended new Act R2
12 May 201612 May 2016–
22 Feb 2017A2016-24 amendments by A2016-24 R3
23 Feb 201723 Feb 2017–
23 Feb 2017A2017-3 amendments by A2017-3 R4
24 Feb 201724 Feb 2017–
8 Mar 2017A2017-3 expiry of provisions (s 113 and sch 2) R5
9 Mar 20179 Mar 2017–
7 Nov 2017A2017‑4 amendments by A2017‑4 R6
8 Nov 20178 Nov 2017–
1 Mar 2018A2017‑33 amendments by A2017‑33 R7
2 Mar 20182 Mar 2018–
30 June 2018A2017‑33 expiry of transitional provisions (pt 20) R8
1 July 20181 July 2018–
22 Oct 2018A2017‑34 amendments by A2017‑34 R9
23 Oct 201823 Oct 2018–
21 Nov 2018A2018‑33 amendments by A2018‑33 R10
22 Nov 201822 Nov 2018–
10 June 2020A2018‑42 amendments by A2018‑42 R11
11 June 202011 June 2020–
23 Aug 2022A2020‑22 amendments by A2020‑22 R12
24 Aug 202224 Aug 2022–
26 Nov 2023A2022‑14 amendments by A2022‑14 R13
27 Nov 202327 Nov 2023–
31 Dec 2023A2023‑36 amendments by A2023‑36
11
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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