Utilities (Technical Regulation) (Light Rail—Regulated Utility Service) Regulation 2016 (ACT)

The Utilities (Technical Regulation) (Light Rail—Regulated Utility Service) Regulation 2016 was made under the Utilities (Technical Regulation) Act 2014 and came into effect on 16 February 2016. The regulation defines the supply of electricity from a light rail network as a regulated utility service, and sets out the infrastructure that constitutes a regulated utility network for this service. The regulation also excludes rolling stock from the definition of regulated utility network infrastructure.

The legal issues before the court were whether the regulation was validly made under the Utilities (Technical Regulation) Act 2014, and whether the definition of regulated utility network infrastructure was consistent with the objects and purposes of the Act. The court found that the regulation was validly made, and that the exclusion of rolling stock from the definition of regulated utility network infrastructure was consistent with the objects and purposes of the Act.

The court considered the purpose of the Utilities (Technical Regulation) Act 2014 to be the regulation of utilities in the Australian Capital Territory, and the regulation of activities related to the supply of utilities. The court found that the definition of regulated utility network infrastructure was consistent with this purpose, as it excluded items that were not necessary for the supply of electricity from a light rail network. The court also found that the exclusion of rolling stock from the definition of regulated utility network infrastructure was reasonable, as rolling stock is not part of the infrastructure that is necessary for the supply of electricity from a light rail network.

The Utilities (Technical Regulation) (Light Rail—Regulated Utility Service) Regulation 2016 was therefore validly made under the Utilities (Technical Regulation) Act 2014, and the definition of regulated utility network infrastructure was consistent with the objects and purposes of the Act. The court dismissed the challenge to the regulation.