The south australian government gazette published by authority

Citation 110

Commencement 110

Variation of reg. 5A—Interpretation—definition of contestable customer 111

Insertion of reg. 5AB 112

Interpretation—definition of electricity supply industry 112

5AB. 112

Variation of reg. 5B—Customers of a prescribed class 112

Insertion of Part 1A 112

PART 1A 112

ADMINISTRATION 112

Functions and powers of Industry Regulator 112

5C. 112

Application of Public Corporations Act 1993 to Electricity Supply Industry Planning Council 113

5D. 113

Variation of reg. 6—Exemptions from requirement to be licensed 113

Insertion of reg. 7A 114

Consideration of application for licence 114

7A. 114

Insertion of Part 2A 115

PART 2A 115

SYSTEM CONTROLLER 115

Functions and powers of system controller 115

7B. 115

Variation of reg. 10—Quality of electricity supply 116

Variation of reg. 11—General requirements for electricity infrastructure 116

Variation of reg. 12—Aerial lines 117

Variation of reg. 13—Underground lines 117

Variation of reg. 14—Powerlines other than aerial or underground lines 117

Variation of reg. 15—Substations 117

Variation of reg. 16—Earthing and electrical protection systems 117

Variation of reg. 18—Certain electrical installation work and certificates of compliance 117

Insertion of reg. 23A 118

Work in proximity to exposed conductors, etc. 118

23A. 118

Revocation of reg. 25 120

Variation of reg. 26—Work by direct contact with exposed high voltage conductors, etc. 120

Revocation of reg. 27 120

Variation of reg. 28—Live high voltage line work 120

Variation of reg. 30—Suitability of testing instruments 121

Variation of heading to Part 4 Division 4 121

Variation of reg. 31—Reporting of accidents 121

Insertion of reg. 31A and Part 4 Division 5 121

Investigation of accidents 121

31A. 121

DIVISION 5—SAFETY AND TECHNICAL MANAGEMENT PLANS 121

Application of Division 121

31B. 121

Safety and technical management plan 121

31C. 121

Safety and technical management reports 124

31D. 124

Revocation of reg. 34 125

Variation of reg. 39—Erection of buildings in proximity to aerial lines 125

Insertion of reg. 39A 125

Erection of buildings in proximity to underground lines 125

39A. 125

Revocation of Sched. 1 126

Variation of Sched. 2—Requirements for Aerial Lines 126

Variation of Sched. 3—Requirements for Underground Lines and Certain Other Powerlines 127

Variation of Sched. 5—Requirements for Earthing and Electrical Protection Systems 128

SCHEDULE 129

Figure to be substituted in Sched. 2 of principal regulations 129

Citation 138

Commencement 138

Variation of Sched. 1—Short Term Dry Areas 138

Variation of Sched. 2—Plans of Short Term Dry Areas 139

Citation 150

Commencement 150

Variation of reg. 4—Interpretation 150

Variation of Schedule—Fees 150

Citation 161

Commencement 161

Variation of reg. 4—Interpretation 161

Variation of Sched. 1—Fees 161

Citation 170

Commencement 170

Variation of Schedule 4 170

Variation of Schedule 5 170

Citation 180

Commencement 180

Variation of Schedule 1—Contracts for Sale of Land or Businesses—Forms 180

Variation of Schedule 2—Contracts for Sale of Land or Businesses—Bodies to whom Inquiries are to be made 181

Citation 190

Commencement 190

Variation of reg. 4—Interpretation 190

Insertion of reg. 5A 192

Standards 192

5A. 192

Insertion of regs. 10 and 11 192

Sale of fertilisers containing cadmium, mercury or lead 192

10. 192

Sale of gypsum 194

11. 194

Insertion of Sched. 1A 196

SCHEDULE 1A 196

Prescribed Standards for Fertilisers 196

SCHEDULE

Figure to be substituted in Sched. 2 of principal regulations

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Citation

000000001. The Electricity (General) Regulations 1997 (see Gazette 26 June 1997 p. 3144), as varied, are referred to in these regulations as "the principal regulations".
Commencement

2. (1) Subject to this regulation, these regulations will come into operation on the day on which section 23 of the Electricity (Miscellaneous) Amendment Act 1999 comes into operation.
(2) The following regulations will come into operation on the day on which they are made:
regulations 11 to 16 (inclusive)

regulations 18 to 25 (inclusive)

regulation 31A of the principal regulations inserted by regulation 26 of these regulations

regulation 28

regulations 30 to 32 (inclusive)

Schedule.

(3) Regulation 5D of the principal regulations inserted by regulation 6 of these regulations will come into operation on the day on which Division 2 of Part 2 of the Electricity Act 1996 comes into operation.
Variation of reg. 5A—Interpretation—definition of contestable customer

3.0 Regulation 5A of the principal regulations is varied—
(a) by striking out from subregulation (3)(b) "Technical Regulator" and substituting "Industry Regulator";
(b) by striking out from subregulation (3)(c) "Technical Regulator" twice occurring and substituting, in each case, "Industry Regulator";
(c) by striking out from subregulation (4) "Technical Regulator" and substituting "Industry Regulator".
Insertion of reg. 5AB

4.00 The following regulation is inserted after regulation 5A of the principal regulations:
Interpretation—definition of electricity supply industry

5AB. For the purposes of the definition of "electricity supply industry" in section 4 of the Act, the provision, operation or maintenance of poles, equipment, fittings or wiring associated with the provision of lighting in a street or other place is an operation of a prescribed kind.
Variation of reg. 5B—Customers of a prescribed class

5. Regulation 5B of the principal regulations is varied—
(a) by striking out "sections 23(1)(b)(i)" and substituting "sections 23(1)(n)(iv), 24(2)(g)";
(b) by inserting after paragraph (e) the following paragraph:
(f) customers to whom electricity must be sold or supplied under a retailer of last resort requirement (see section 23(1)(n)(ix) of the Act).;
(c) by inserting after its present contents, as varied by this regulation (now to be designated as subregulation (1)) the following subregulation:
(2) For the purposes of section 35D(1)(a) of the Act, contestable customers with electricity consumption levels of less than 160 MW.h per year, as determined in accordance with an electricity pricing order under Division 2A of Part 3 of the Act in respect of a single site, are customers of a prescribed class.
Insertion of Part 1A

6.00 The following Part is inserted after Part 1 of the principal regulations:
PART 1A

ADMINISTRATION
Functions and powers of Industry Regulator

5C. (1) Pursuant to section 6A of the Act, the Industry Regulator has (in addition to the Industry Regulator's functions and powers under the Act and the Independent Industry Regulator Act 1999) the following functions and powers:
(a) to disclose, with the consent of the customer of the holder of a licence authorising the retailing of electricity, the name, address and other contact details from time to time of the customer to the holders of other licences authorising the retailing of electricity;
(b) if the Industry Regulator has agreed in writing to determine matters under a contract between two or more electricity entities at the expense of one or more of the entities—to determine those matters in accordance with the terms of the contract;
(c) subject to subregulation (2), functions and powers conferred on the Jurisdictional Regulator under the National Electricity Code to the extent that those functions and powers are not authorised by the State, pursuant to the National Electricity Code, to be exclusively performed or exercised by some other body or bodies.
(2) The Industry Regulator must only approve a distribution loss factor that has been calculated for the purposes of the National Electricity Code by the holder of a licence authorising the operation of a distribution network if the distribution loss factor—
(a) has been calculated on a State-wide basis by reference to voltage level and proximity of a customer's metering point to a transformer; and
(b) is not related to the relative length of a distribution line involved in supplying electricity to the customer.
(3) Terms defined in an electricity pricing order under Division 2A of Part 3 of the Act have the same meaning when used in subregulation (2).
Application of Public Corporations Act 1993 to Electricity Supply Industry Planning Council

5D. Pursuant to section 6D of the Act, the Public Corporations Act 1993 applies to the Electricity Supply Industry Planning Council subject to the following exclusions and modifications:
(a) section 13 of that Act does not apply;
(b) section 19 of that Act is modified in its application to a director appointed after consultation under section 6G(3b) of the Act with licensees of a particular class so that—
(i) nothing in the section is to be taken to prevent the director from representing the interests of licensees of that class and participating in meetings or discussions and voting accordingly; and
(ii) a general disclosure of an interest that the director has by reason of his or her relationship with a licensee of that class will be sufficient disclosure of the interest for the purposes of the section if made in advance in a general form.
Variation of reg. 6—Exemptions from requirement to be licensed

7. Regulation 6 of the principal regulations is varied—
(a) by striking out paragraph (c) of subregulation (1) and substituting the following paragraph:
(c) the electricity is generated only for the consumption of either or both of the following:
(i) that person;
(ii) a designated body.;
(b) by striking out subregulations (2) and (3) and substituting the following subregulations:
(2) A person who carries on the operation of a transmission or distribution network is not required to be licensed under the Act if the electricity transmitted or distributed through the network is only for the consumption of one or more of the following:
(a) that person;
(b) others who, in pursuance of rights deriving (whether immediately or otherwise) from that person, occupy or use land or premises served by the network;
(c) a designated body.
(3) A person who carries on retailing of electricity or system control over a power system is not required to be licensed under the Act if the electricity retailed or provided through the power system is only for the consumption of a designated body.
(4) However, a person exempted under this regulation from the requirement to be licensed to carry on operations in the electricity supply industry must comply with any requirement imposed by or under the Act or these regulations as if it were an electricity entity licensed under the Act to carry on those operations.
(5) The Technical Regulator may grant an exemption from subregulation (4), or from specified requirements referred to in that subregulation, on terms and conditions the Technical Regulator considers appropriate.
(6) In this regulation—
"designated body" means a body or group of persons designated by the Minister by notice in the Gazette.
(7) The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subregulation (6).
Insertion of reg. 7A

8.00 The following regulation is inserted after regulation 7 of the principal regulations:
Consideration of application for licence

7A. Pursuant to section 17(3)(d) of the Act, the following are prescribed as matters that the Industry Regulator may consider in deciding whether an applicant is a suitable person to hold a licence authorising the retailing of electricity:
(a) whether the applicant holds or has held such a licence;
(b) if the applicant holds such a licence—the duration of contracts for the retailing of electricity entered into by the applicant;
(c) if the applicant holds or has held such a licence—whether the applicant has been guilty of a contravention of a condition of the licence or any other contravention of a requirement imposed by or under the Act in connection with the operations authorised by the licence.
Insertion of Part 2A

9. The following Part is inserted after Part 2 of the principal regulations:
PART 2A

SYSTEM CONTROLLER
Functions and powers of system controller

7B. (1) Pursuant to section 31 of the Act, the functions of a system controller for a power system operated in the National Electricity Market are limited to the following:
(a) when required to do so under the National Electricity (South Australia) Law or any Act, giving appropriate directions to electricity entities that are engaged in the operation of the power system, or contribute electricity to, or take electricity from, the system, for the purposes of maintaining the system in, or restoring it to, a safe and reliable state of operation;
(b) functions or powers performed or exercised as an agent employed by, or pursuant to a contractual arrangement with, NEMMCO under Chapter 4 of the National Electricity Code;
(c) when required to do so under the National Electricity Code, under an agency or contractual arrangement of a kind referred to in paragraph (b) or under any other agreement—
(i) undertaking action to protect such parts of the transmission network as are necessary to maintain the security of the power system;
(ii) managing the interruption of, and coordinating the restoration of, loads placed on the power system;
(iii) taking specified steps to restore the power system to a safe and reliable state of operation;
(iv) monitoring the operation of the power system with a view to ensuring that the system operates safely and reliably;
(v) maintaining voltage control throughout the power system;
(vi) shedding loads placed on the power system to the extent necessary during emergency situations.
(2) A system controller for a power system operated in the National Electricity Market has all powers necessary for, or incidental to, the proper performance of the functions set out in subregulation (1).
(3) In this regulation—
"National Electricity Market" means the market regulated by the National Electricity Law;
"NEMMCO" means National Electricity Market Management Company Limited A.C.N. 072 010 327.
Variation of reg. 10—Quality of electricity supply

10. Regulation 10 of the principal regulations is varied by striking out paragraphs (b) and (c).
Variation of reg. 11—General requirements for electricity infrastructure

11. Regulation 11 of the principal regulations is varied by striking out from subregulation (1) "the proper manner for circuits of that class" and substituting "a safe manner".
Variation of reg. 12—Aerial lines

12. Regulation 12 of the principal regulations is varied by inserting in subregulation (3) "installed after 1 July 1997" after "(including service lines)".
Variation of reg. 13—Underground lines

13. Regulation 13 of the principal regulations is varied by inserting in subregulation (2) "installed after 1 July 1997" after "(including service lines)".
Variation of reg. 14—Powerlines other than aerial or underground lines

14. Regulation 14 of the principal regulations is varied by inserting in subregulation (2) "installed after 1 July 1997" after "powerlines".
Variation of reg. 15—Substations

15. Regulation 15 of the principal regulations is varied by inserting in subregulation (2) "installed after 1 July 1997" after "substations".
Variation of reg. 16—Earthing and electrical protection systems

16. Regulation 16 of the principal regulations is varied by inserting in subregulation (2) "installed after 1 July 1997" after "systems".
Variation of reg. 18—Certain electrical installation work and certificates of compliance

17. Regulation 18 of the principal regulations is varied by striking out subregulations (1) and (2) and substituting the following subregulations:
(1) The following provisions apply for the purposes of section 61(1) of the Act:
(a) work on an electrical installation or proposed electrical installation that is work of any kind referred to in AS 3000 or another Australian Standard called up by AS 3000 must be carried out, and the installation must be examined and tested—
(i) in accordance with AS 3000 and any Australian Standard called up by or under AS 3000 and so that the installation complies with any other technical and safety requirements under these regulations; and
(ii) in accordance with any requirements specified by the operator of the transmission or distribution network to which the installation is or is to be connected;
(b) the registered electrical worker personally carrying out the examinations and tests must, when satisfied that the work has been carried out in accordance with the standards and requirements referred to in paragraph (a) and before the installation is made available for energisation, complete and sign a certificate of compliance in a form approved by the Technical Regulator to that effect;
(c) if the worker signing the certificate was employed or engaged to carry out the examinations and tests (whether or not together with other work on the installation) by a licensed electrical contractor or licensed building work contractor, that contractor, or a person who has or had a supervisory role in relation to the worker and who is acting as a duly authorised agent of the contractor, must, being satisfied that the standards and requirements referred to in paragraph (a) have been complied with in relation to the work, also complete and sign the certificate in accordance with the directions contained in it;
(d) if the work is associated with the making of a connection to a transmission or distribution network, a copy of the certificate (completed and signed in accordance with paragraphs (b) and (c)) must be furnished to the operator of the network before the energisation of the work or a part of the work;
(e) if the work was carried out on behalf of the owner or occupier of the premises concerned (whether under a contract or arrangement made directly between the owner or occupier and the person to whom section 61 of the Act applies, under a subcontract or otherwise), a copy of the certificate (completed and signed in accordance with paragraphs (b) and (c)) must be furnished to the owner or occupier within 30 days after the installation was made available for energisation;
(f) a copy of the certificate (completed and signed in accordance with paragraphs (b) and (c)) must be kept at the business premises of the person to whom section 61 of the Act applies or, if that person does not have business premises, at that person's residence for at least five years after the installation was made available for energisation.
(2) A certificate of compliance may not be relied on by an owner or operator of an electrical installation under section 60(2) of the Act if the certificate has been issued in relation to the installation by a registered electrical worker who is an employee of the owner or occupier.
Insertion of reg. 23A

18. The following regulation is inserted after regulation 23 of the principal regulations:
Work in proximity to exposed conductors, etc.

23A. (1) Work must not be carried out in proximity to exposed conductors or exposed parts of electrical equipment unless—
(a) it is carried out—
(i) by a person who is suitably trained and qualified for such work beyond the approach limits set out in this regulation for such persons; or
(ii) by a person who has been instructed in the identification of high and low voltage overhead conductors and the safety aspects of work near live powerlines beyond the approach limits set out in this regulation for such persons; and
(b) it is carried out beyond the approach limits set out in this regulation that are applicable in the circumstances.
(2) However, a person may work within the approach limits if—
(a) the work can be carried out safely in any of the following circumstances:
(i) there are installed suitable barriers or earthed metal shields between the person carrying out the work and the conductors or electrical equipment;
(ii) the work to be carried out is testing of equipment and the equipment is designed such that the approach limits cannot be complied with;
(iii) the work to be carried out is earthing of the conductors or equipment and is carried out after the exposed conductors have been isolated and proved to be de energised; and
(b) written instructions have been given, either generally or in a particular case, about the work and the precautions to be taken.
(3) For the purposes of this regulation, the approach limits for a person, including an article of clothing worn by a person, or a conductive object held or carried by the person, are set out below—