Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 S.R. No. 110/2011 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Commencement 2 4 Revocation 2 5 Principal Regulations 2 6 Objective substituted 2 1 Objective 2 7 Regulations 5 and 5A substituted 2 5 Prescribed particulars for bushfire mitigation plans— specified operators 2 5A Prescribed particulars for bushfire mitigation plans— major electricity companies 5 8 Regulation 6 substituted 9 6 Prescribed parts of electric lines excluded 9 9 Regulation 7 substituted 9 7 Prescribed times of inspection 9 10 Prescribed standards of inspection 9 11 Regulation 9 substituted 11 9 Prescribed period in which notice of inspection is to be given 11 12 Regulation 10 substituted 11 10 Prescribed form of notice to be given before inspection 11 13 Regulation 11 substituted 11 11 Exemptions 11 14 Substitution of Schedule 12 SCHEDULE—Notice of Inspection 12 ═══════════════ ENDNOTES 13 -- 1 of 14 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 110/2011 Electricity Safety Act 1998 Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 The Governor in Council makes the following Regulations: Dated: 4 October 2011 Responsible Minister: MICHAEL O'BRIEN Minister for Energy and Resources MATTHEW McBEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Electricity Safety (Bushfire Mitigation) Regulations 2003 to— (a) prescribe further particulars to be included in a bushfire mitigation plan; and (b) make miscellaneous and consequential amendments as a result of the enactment of the Energy and Resources Legislation Amendment Act 2010, which makes further provision relating to bushfire mitigation plans. 2 Authorising provisions These Regulations are made under sections 151A and 157 of the Electricity Safety Act 1998. -- 2 of 14 -- S.R. No. 110/2011 Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 2 Authorised by the Chief Parliamentary Counsel 3 Commencement These Regulations come into operation on 13 October 2011. 4 Revocation The Electricity Safety (Bushfire Mitigation) Amendment Interim Regulations 20101 are revoked. 5 Principal Regulations In these Regulations, the Electricity Safety (Bushfire Mitigation) Regulations 2003 2 are called the Principal Regulations. 6 Objective substituted For regulation 1 of the Principal Regulations substitute— "1 Objective The objective of these Regulations is to make provision for the preparation of bushfire mitigation plans by specified operators and major electricity companies and for the inspection of private overhead electric lines by certain major electricity companies.". 7 Regulations 5 and 5A substituted For regulations 5 and 5A of the Principal Regulations substitute— "5 Prescribed particulars for bushfire mitigation plans—specified operators For the purposes of section 83BA of the Act, a bushfire mitigation plan submitted by a specified operator must specify— r. 3 -- 3 of 14 -- S.R. No. 110/2011 Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 3 Authorised by the Chief Parliamentary Counsel (a) the name, address and telephone number of the specified operator; (b) the name, position, address and telephone number of the person who was responsible for the preparation of the plan; (c) the name, position, address and telephone number of the persons who are responsible for carrying out the plan; (d) the telephone number of a person who can be contacted in an emergency that requires action by the specified operator to mitigate the danger of bushfire; (e) the bushfire mitigation policy of the specified operator to minimise the risk of fire ignition from its at-risk electric lines; (f) the objectives of the plan to achieve the mitigation of bushfire danger; (g) a description, map or plan of the land to which the bushfire mitigation plan applies, identifying all hazardous bushfire risk areas and the location of all the specified operator's at-risk electric lines in those areas; (h) the preventative strategies to be adopted by the specified operator to minimise the risk of the specified operator's at-risk electric lines starting fires; r. 7 -- 4 of 14 -- S.R. No. 110/2011 Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 4 Authorised by the Chief Parliamentary Counsel (i) a list of all works required for the strategies referred to in paragraph (h) to be undertaken and the date by which the works are to be completed; (j) a plan for inspection that ensures that all of the specified operator's at-risk electric lines are inspected at regular intervals of no longer than 37 months; (k) details of the processes and procedures for ensuring that only persons who have satisfactorily completed a training course approved by Energy Safe Victoria are assigned to carry out the inspections referred to in paragraph (j); (l) the operation and maintenance plans for the specified operator's at-risk electric lines— (i) in the event of a fire; and (ii) during any day that has been declared to be a day of total fire ban under the Country Fire Authority Act 1958; and (iii) during a fire danger period; (m) the investigations, analysis and methodology to be adopted by the specified operator for the prevention of fire ignition from its at-risk electric lines; (n) details of the processes and procedures by which the specified operator will— (i) monitor and audit the implementation of the bushfire mitigation plan; r. 7 -- 5 of 14 -- S.R. No. 110/2011 Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 5 Authorised by the Chief Parliamentary Counsel (ii) identify any deficiencies in the plan or the plan's implementation; (iii) monitor and audit the effectiveness of inspections carried out under the plan; (iv) improve the plan and the plan's implementation if any deficiencies are identified under subparagraph (ii); (v) ensure that any training necessary for persons assigned to perform functions under the plan is provided; (vi) monitor and audit the competence of the persons assigned to carry out inspections under the plan; (o) the policy of the specified operator in relation to the assistance to be provided to fire control authorities in the investigation of fires near the specified operator's at-risk electric lines. 5A Prescribed particulars for bushfire mitigation plans—major electricity companies For the purposes of section 113A of the Act, a bushfire mitigation plan submitted by a major electricity company must specify— (a) the name, address and telephone number of the major electricity company; r. 7 -- 6 of 14 -- S.R. No. 110/2011 Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 6 Authorised by the Chief Parliamentary Counsel (b) the name, position, address and telephone number of the person who was responsible for the preparation of the plan; (c) the name, position, address and telephone number of the persons who are responsible for carrying out the plan; (d) the telephone number of a person who can be contacted in an emergency that requires action by the major electricity company to mitigate the danger of bushfire; (e) the bushfire mitigation policy of the major electricity company to minimise the risk of fire ignition from its at-risk supply networks; (f) the objectives of the plan to achieve the mitigation of bushfire danger; (g) a description, map or plan of the land to which the bushfire mitigation plan applies, identifying all hazardous bushfire risk areas and the location of all the major electricity company's at-risk supply networks in those areas; (h) the preventative strategies to be adopted by the major electricity company to minimise the risk of the major electricity company's at-risk supply networks starting fires; (i) a list of all works required for the strategies referred to in paragraph (h) to be undertaken and the date by which the works are to be completed; r. 7 -- 7 of 14 -- S.R. No. 110/2011 Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 7 Authorised by the Chief Parliamentary Counsel (j) a plan for inspection that ensures that all of the major electricity company's at-risk supply networks are inspected at regular intervals of no longer than 37 months; (k) details of the processes and procedures for ensuring that only persons who have satisfactorily completed a training course approved by Energy Safe Victoria are assigned to carry out the inspections referred to in paragraph (j); (l) the operation and maintenance plans for the major electricity company's at-risk supply networks— (i) in the event of a fire; and (ii) during any day that has been declared to be a day of total fire ban under the Country Fire Authority Act 1958; and (iii) during a fire danger period; (m) the investigations, analysis and methodology to be adopted by the major electricity company for the prevention of fire ignition from its at-risk supply networks; (n) details of the processes and procedures by which the major electricity company will— (i) monitor and audit the implementation of the bushfire mitigation plan; (ii) identify any deficiencies in the plan or the plan's implementation; r. 7 -- 8 of 14 -- S.R. No. 110/2011 Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 8 Authorised by the Chief Parliamentary Counsel (iii) monitor and audit the effectiveness of inspections carried out under the plan; (iv) improve the plan and the plan's implementation if any deficiencies are identified under subparagraph (ii); (v) ensure that any training necessary for persons assigned to perform functions under the plan is provided; (vi) monitor and audit the competence of the persons assigned to carry out inspections under the plan; (o) the policy of the major electricity company in relation to the assistance to be provided to fire control authorities in the investigation of fires near the major electricity company's at-risk supply networks; (p) details of processes and procedures for enhancing public awareness of— (i) the responsibilities of the owners of private overhead electric lines in relation to mitigation of bushfire danger; and (ii) the obligation of the major electricity company to inspect private overhead electric lines within its distribution area.". r. 7 -- 9 of 14 -- S.R. No. 110/2011 Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 9 Authorised by the Chief Parliamentary Counsel 8 Regulation 6 substituted For regulation 6 of the Principal Regulations substitute— "6 Prescribed parts of electric lines excluded For the purposes of section 113F(1) of the Act, the prescribed part of a private electric line is the part of the private electric line above the surface of land that is installed after the point at which the line is connected to a building or other structure (not including a pole) on the land.". 9 Regulation 7 substituted For regulation 7 of the Principal Regulations substitute— "7 Prescribed times of inspection For the purposes of section 113F(1) of the Act, the prescribed times to cause an inspection of private electric lines to be carried out are no later than 37 months after the date of the previous inspection carried out by the major electricity company.". 10 Prescribed standards of inspection (1) For regulation 8(1) of the Principal Regulations substitute— "(1) For the purposes of section 113F(1) of the Act, the prescribed standards for the inspection of a private electric line that is above the surface of land are— (a) insulators are free from damage and are properly secured to the pole or cross- arm; (b) the conductors and metal ties that secure the conductors to the pole are free from rust and in good condition; r. 8 -- 10 of 14 -- S.R. No. 110/2011 Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 10 Authorised by the Chief Parliamentary Counsel (c) insulation is not frayed or broken at any point; (d) poles are as vertical as practicable and must not lean more than 10 degrees from the perpendicular; (e) in the case of wooden poles— (i) the girth of the pole is greater than 550 mm at any point within 200 mm above the ground; (ii) the pole is free from termites to a depth of 300 mm below the surface of the ground; (iii) an annulus of at least 50 mm of the wood is free of decay; (f) in the case of tubular and solid steel poles, the thickness of the metal of the pole in any corroded area below the ground is at least 75% of the sound metal above the ground; (g) in the case of concrete poles, the pole— (i) is free of concrete decay; and (ii) does not have exposed metal reinforcement; (h) the line complies with Part 2 of the Code; (i) the line complies with the clearance requirements set out in Table 3.8 of the Australian /New Zealand Wiring Rules: AS/NZS 3000 as published or amended from time to time.". (2) In regulation 8(2) of the Principal Regulations, for "and (iv) do" substitute "does". r. 10 -- 11 of 14 -- S.R. No. 110/2011 Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 11 Authorised by the Chief Parliamentary Counsel 11 Regulation 9 substituted For regulation 9 of the Principal Regulations substitute— "9 Prescribed period in which notice of inspection is to be given For the purposes of section 113F(2) of the Act, the prescribed period within which notice to the occupier of the land is to be given before inspection of a private electric line is carried out is the period that is not more than 45 days before the inspection and not less than 21 days before the inspection.". 12 Regulation 10 substituted For regulation 10 of the Principal Regulations substitute— "10 Prescribed form of notice to be given before inspection For the purposes of section 113F(2) of the Act, the prescribed form of notice to be given to the occupier of the land before inspection of a private electric line is set out in the Schedule.". 13 Regulation 11 substituted For regulation 11 of the Principal Regulations substitute— "11 Exemptions Energy Safe Victoria may exempt a specified operator or major electricity company from any of the requirements of these Regulations, subject to any conditions specified by Energy Safe Victoria.". r. 11 -- 12 of 14 -- S.R. No. 110/2011 Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 12 Authorised by the Chief Parliamentary Counsel 14 Substitution of Schedule For the Schedule to the Principal Regulations substitute— "SCHEDULE NOTICE OF INSPECTION To the Occupier, In accordance with section 113F of the Electricity Safety Act 1998, please be advised that on or about [insert date] our asset inspector will inspect all private electric lines above the surface of land on the property you occupy, except for those parts of the lines that are installed after the point at which they are connected to a building or other structure (not including a pole). The inspection may reveal that defects exist and maintenance is required on a private electric line on the property that you occupy. If this is the case, we will give the owner written notice of the maintenance work required to be carried out. Please contact [insert name of responsible person] on [insert telephone number] if you have any queries. Signed [insert name of major electricity company] ---------------------------------- ----------------------------------". ═══════════════ r. 14 -- 13 of 14 -- S.R. No. 110/2011 Electricity Safety Amendment (Bushfire Mitigation) Regulations 2011 13 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4: S.R. No. 111/2010. 2 Reg. 5: S.R. No. 72/2003 as amended by S.R. No. 111/2010. —— Table of Applied, Adopted or Incorporated Matter The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. In this table, Principal Regulations means the Electricity Safety (Bushfire Mitigation) Regulations 2003. Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 10(1) which substitutes regulation 8(1) of the Principal Regulations Australian/New Zealand Standard, 'Electrical installations', AS/NZS 3000 published 12 November 2007 by Standards Australia Table 3.8 Endnotes -- 14 of 14 --