{"id":"nsw:sl-2026-0433","name":"Electricity Supply (Safety and Network Management) Regulation 2026","slug":"electricity-supply-safety-and-network-management-regulation-2026","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"433 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":578846,"registerId":"nsw-nsw:sl-2026-0433-current","compilationNumber":null,"startDate":"2026-08-31","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Electricity Supply (Safety and Network Management) Regulation 2026](/view/html/inforce/current/sl-2026-0433).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which this regulation is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Electricity Supply (Safety and Network Management) Regulation 2014](/view/html/repealed/current/sl-2014-0524), which would otherwise be repealed on 1 September 2026 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> appropriate person, for Part 3, Division 3—see section 21.\n> \n> AS 5577, for Part 2—see section 4.\n> \n> class of contestable network services, for Part 3—see section 15.\n> \n> network, for Part 2—see section 4.\n> \n> notifiable excavation work, for Part 4—see section 27.\n> \n> planning approval, for Part 4—see section 27.\n> \n> power lines, for Part 5—see section 33.\n> \n> power lines information, for Part 4—see section 27.\n> \n> primary objective, for Part 2—see section 4.\n> \n> scheme rules, for Part 3—see section 15.\n> \n> system auditor, for Part 2, Division 3—see section 9.\n> \n> the Act means the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094).\n> \n> tree, for Part 5—see section 33.\n> \n> tree management plan, for Part 5—see section 33.\n> \n> utility service, for Part 4—see section 27.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Safety management systems—the Act, ss 77(1)(d) and 191(1)(g1)","content":"# Part 2 Safety management systems—the Act, ss 77(1)(d) and 191(1)(g1)\n\nPart 2 Safety management systems—the Act, ss 77(1)(d) and 191(1)(g1)","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> In this part—\n> \n> AS 5577 means AS 5577—2013, Electricity network safety management systems, as in force from time to time.\n> \n> network means—\n> \n> > (a) for a transmission operator—the operator’s transmission system, or\n> \n> > (b) for a distributor—the distributor’s distribution system.\n> \n> primary objective, of safety management systems—see section 6.","sortOrder":6},{"sectionNumber":"Division 2","sectionType":"division","heading":"Implementation of safety management systems","content":"## Division 2 Implementation of safety management systems\n\nDivision 2 Implementation of safety management systems","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Network operators must ensure safety of distribution and transmission systems","content":"#### 5 Network operators must ensure safety of distribution and transmission systems\n\n5 Network operators must ensure safety of distribution and transmission systems\n\n> A network operator must take all reasonable steps to ensure that the design, construction, commissioning, operation and decommissioning of the operator’s network, or a part of the operator’s network, is safe.\n> \n> Maximum penalty—\n> \n> > (a) for a corporation—5,000 penalty units, or\n> \n> > (b) otherwise—2,500 penalty units.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Primary objective of safety management systems","content":"#### 6 Primary objective of safety management systems\n\n6 Primary objective of safety management systems\n\n> The primary objective of safety management systems is to assist network operators to comply with section 5 and, in particular, to support the following—\n> \n> > (a) the safety of members of the public,\n> \n> > (b) the safety of persons working on networks,\n> \n> > (c) the protection of property,\n> \n> > (d) the management of risks to the environment that may create threats to the safety of people and property,\n> > \n> > Example—\n> > \n> > preventing bush fires that may be ignited by network assets\n> \n> > (e) the management of safety risks arising from the loss of electricity supply.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Content of safety management systems","content":"#### 7 Content of safety management systems\n\n7 Content of safety management systems\n\n> > (1) A network operator must adopt a safety management system—\n> > \n> > > (a) in accordance with AS 5577, and\n> > \n> > > (b) that addresses the following matters—\n> > > \n> > > > (i) the safety and reliability of the network operator’s network,\n> > > \n> > > > (ii) giving advice to the public about hazards associated with electricity from the network operator’s network,\n> > > \n> > > > (iii) the management of bush fire risk relating to electricity lines and other assets in the network operator’s network that are capable of initiating bush fire,\n> > > \n> > > > (iv) the management of bush fire risk relating to aerial consumers mains on bush fire prone land that is private land for which the network operator may give directions under the Act, Part 5, Division 2A.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—250 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (2) In determining the content of a safety management system, a network operator must take into account—\n> > \n> > > (a) the primary objective of safety management systems, and\n> > \n> > > (b) codes, standards or guidelines specified by the Minister by written notice given to the network operator.\n> \n> > (3) A safety management system must identify—\n> > \n> > > (a) departures from the provisions of a code, standard or guideline specified by the Minister, and\n> > \n> > > (b) the arrangements in place to ensure an equal or better outcome to the outcome provided by the code, standard or guideline.\n> \n> > (4) In this section—\n> > \n> > aerial consumers mains, bush fire prone land and private land have the same meaning as in the Act, Part 5, Division 2A.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Implementation of safety management systems","content":"#### 8 Implementation of safety management systems\n\n8 Implementation of safety management systems\n\n> > (1) A network operator must implement the operator’s safety management system.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—10,000 penalty units, or\n> > \n> > > (b) otherwise—5,000 penalty units.\n> \n> > (2) A network operator must ensure that the operator’s safety management system is brought to the attention of and made readily accessible to the persons involved in the system’s implementation.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—10,000 penalty units, or\n> > \n> > > (b) otherwise—5,000 penalty units.","sortOrder":11},{"sectionNumber":"Division 3","sectionType":"division","heading":"Measurement, auditing and review of performance","content":"## Division 3 Measurement, auditing and review of performance\n\nDivision 3 Measurement, auditing and review of performance","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Definition","content":"#### 9 Definition\n\n9 Definition\n\n> In this division—\n> \n> system auditor—see section 10.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Appointment of system auditor","content":"#### 10 Appointment of system auditor\n\n10 Appointment of system auditor\n\n> > (1) A network operator must appoint a person (a system auditor) to carry out an audit of the operator’s safety management system.\n> \n> > (2) The system auditor must be—\n> > \n> > > (a) either—\n> > > \n> > > > (i) chosen from a panel of persons approved by the Tribunal for appointment as system auditors and published on the website of the Tribunal, or\n> > > \n> > > > (ii) otherwise approved by the Tribunal, and\n> > \n> > > (b) appointed in accordance with procedures published on the website of the Tribunal, and\n> > \n> > > (c) independent of the network operator.\n> \n> > (3) If a network operator fails to appoint a system auditor in accordance with subsection (2), the Tribunal may nominate a system auditor who must be appointed by the network operator to conduct the audit.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Auditing of safety management system","content":"#### 11 Auditing of safety management system\n\n11 Auditing of safety management system\n\n> > (1) A network operator must ensure—\n> > \n> > > (a) audits of the operator’s safety management system are carried out by a system auditor—\n> > > \n> > > > (i) at the times directed by the Tribunal by written notice given to the operator, and\n> > > \n> > > > (ii) in accordance with this section, and\n> > \n> > > (b) a written report of the results of each audit, prepared by the system auditor, is given to the Tribunal as soon as practicable after the audit is carried out.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—10,000 penalty units, or\n> > \n> > > (b) otherwise—5,000 penalty units.\n> \n> > (2) The audit report must—\n> > \n> > > (a) address whether or not the safety management system—\n> > > \n> > > > (i) achieves, for the network operator’s network, the primary objective of safety management systems, and\n> > > \n> > > > (ii) is in accordance with AS 5577 and deals with the matters referred to in section 7(1)(b), and\n> > > \n> > > > (iii) is appropriate, having regard to the nature, size and complexity of the network operator’s network, and\n> > > \n> > > > (iv) is being properly implemented, and\n> > \n> > > (b) contain particulars of—\n> > > \n> > > > (i) the plans, policies, procedures and other documents contained in the network operator’s safety management system, and\n> > > \n> > > > (ii) modifications that should be made to rectify shortcomings of the safety management system, and\n> > > \n> > > > (iii) measures that should be taken to rectify a failure to properly implement the safety management system, and\n> > \n> > > (c) if a previous audit recommended modifications to rectify shortcomings of the safety management system or measures to rectify a failure to properly implement the safety management system—address whether the recommendations have been implemented and have addressed the identified shortcomings or failures.\n> \n> > (3) The Tribunal may direct that an audit relate to specified aspects of a network operator’s safety management system or the safety management system as a whole.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Tribunal direction to implement or modify safety management system after audit","content":"#### 12 Tribunal direction to implement or modify safety management system after audit\n\n12 Tribunal direction to implement or modify safety management system after audit\n\n> > (1) The Tribunal may direct a network operator to take specified action to implement or modify the operator’s safety management system if the Tribunal considers that, based on a system auditor’s report—\n> > \n> > > (a) the network operator is failing to properly implement the safety management system, or\n> > \n> > > (b) it is necessary for the system to be modified.\n> \n> > (2) A direction must be written and specify—\n> > \n> > > (a) the action to be taken, and\n> > \n> > > (b) the period of time in which the action must be taken.\n> \n> > (3) The Tribunal may require the network operator to give the Tribunal specified evidence of compliance with the Tribunal’s direction.\n> \n> > (4) A network operator must comply with a direction under this section.\n> > \n> > Maximum penalty for subsection (4)—\n> > \n> > > (a) for a corporation—10,000 penalty units, or\n> > \n> > > (b) otherwise—5,000 penalty units.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Network operators must measure and report on performance","content":"#### 13 Network operators must measure and report on performance\n\n13 Network operators must measure and report on performance\n\n> > (1) A network operator must measure performance against the operator’s safety management system.\n> \n> > (2) A network operator must—\n> > \n> > > (a) publish the results of the operator’s performance measurements annually, and\n> > \n> > > (b) ensure that a copy of the results—\n> > > \n> > > > (i) is kept at the operator’s principal office, and\n> > > \n> > > > (ii) is made available in a way that, as far as practicable, is likely to bring the results to the notice of the operator’s customers and the public.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—250 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (3) A network operator must, before publishing the results of the operator’s performance measurements, give the Tribunal written notice of—\n> > \n> > > (a) the operator’s intention to publish the results, and\n> > \n> > > (b) the date from which the operator proposes to make the performance measurements available under subsection (2)(b).\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—100 penalty units, or\n> > \n> > > (b) otherwise—25 penalty units.\n> \n> > (4) The Tribunal may exempt a network operator from subsections (2) and (3) if satisfied that compliance with the requirements of the subsections would not be in the public interest.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Network operator must review and modify safety management system","content":"#### 14 Network operator must review and modify safety management system\n\n14 Network operator must review and modify safety management system\n\n> > (1) A network operator must review and, if necessary, modify the operator’s safety management system—\n> > \n> > > (a) as soon as practicable after a significant change occurs in relation to the design, operation or maintenance of the operator’s network, and\n> > \n> > > (b) at least once every 5 years.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—5,000 penalty units, or\n> > \n> > > (b) otherwise—2,500 penalty units.\n> \n> > (2) A network operator must, when reviewing a safety management system, take into account the primary objective of safety management systems.\n> \n> > (3) Nothing in this section prevents a network operator from modifying the operator’s safety management system at any time.\n> \n> > (4) In this section—\n> > \n> > significant change, in relation to a network operator’s network, includes—\n> > \n> > > (a) an upgrade or modification in the engineering design of the network, and\n> > \n> > > (b) a series of incremental changes to the design, operation or maintenance of the network that, when aggregated, are significant, and\n> > > \n> > > Examples—\n> > > \n> > > > (a) community batteries\n> > > \n> > > > (b) virtual power plants\n> > \n> > > (c) another change in the safety risks to be managed by the network operator in relation to the network or in relation to the measures to be taken to manage the risks.","sortOrder":18},{"sectionNumber":"Part 3","sectionType":"part","heading":"Accreditation of providers of contestable network services—the Act, s 31A","content":"# Part 3 Accreditation of providers of contestable network services—the Act, s 31A\n\nPart 3 Accreditation of providers of contestable network services—the Act, s 31A","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Definitions","content":"#### 15 Definitions\n\n15 Definitions\n\n> In this part—\n> \n> class of contestable network services means a class of contestable network services specified in the scheme rules.\n> \n> scheme rules means the rules made under section 25.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Application for accreditation","content":"#### 16 Application for accreditation\n\n16 Application for accreditation\n\n> > (1) A person may apply to the Secretary to be accredited to provide a class of contestable network services.\n> \n> > (2) An application must—\n> > \n> > > (a) be made in accordance with the scheme rules, and\n> > \n> > > (b) specify the class of contestable network services for which the application is made, and\n> > \n> > > (c) be supported by information specified in the scheme rules or required by the Secretary, and\n> > \n> > > (d) be accompanied by the fee specified in the scheme rules.\n> \n> > (3) The Secretary may require an applicant to give the Secretary additional information the Secretary considers necessary to properly consider the application.","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Determination of application","content":"#### 17 Determination of application\n\n17 Determination of application\n\n> > (1) The Secretary must determine an application for an accreditation by—\n> > \n> > > (a) granting the application, with or without conditions, or\n> > \n> > > (b) refusing the application.\n> \n> > (2) The Secretary must not accredit a person to provide a class of contestable network services unless satisfied the person is competent to provide the services.\n> \n> > (3) The Secretary may refuse to accredit a person to provide a class of contestable network services if—\n> > \n> > > (a) the application is not made in accordance with section 16, or\n> > \n> > > (b) the Secretary is satisfied the person does not satisfy the eligibility requirements in the scheme rules, or\n> > \n> > > (c) the Secretary is not satisfied that—\n> > > \n> > > > (i) the person is a fit and proper person to provide contestable network services, or\n> > > \n> > > > (ii) if the person is an individual—each person with whom the person is in partnership in connection with a business that provides or proposes to provide contestable network services is a fit and proper person to be involved in providing the services, or\n> > > \n> > > > (iii) if the person is a body corporate—each director or person involved in the management of the body corporate is a fit and proper person to be involved in providing contestable network services, or\n> > \n> > > (d) the person has previously failed to comply with a condition of an accreditation, or\n> > \n> > > (e) the person holds or has held an accreditation that has been suspended or cancelled.\n> \n> > (4) The Secretary must give a person written notice of the determination of the person’s application that includes—\n> > \n> > > (a) if the application is granted—the period of accreditation, being no longer than 3 years, or\n> > \n> > > (b) if the application is refused—the reasons for the refusal.","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Additional provisions relating to renewal of accreditation","content":"#### 18 Additional provisions relating to renewal of accreditation\n\n18 Additional provisions relating to renewal of accreditation\n\n> > (1) An application for accreditation by a person who is currently accredited to provide the same class of contestable network services (a renewal application) must be made—\n> > \n> > > (a) before the person’s current accreditation expires, and\n> > \n> > > (b) no more than 1 month before the current accreditation expires.\n> \n> > (2) An accreditation the subject of a renewal application remains in force until notice of the determination of the renewal application is given to the applicant.","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Imposition, variation or revocation of conditions of accreditation","content":"#### 19 Imposition, variation or revocation of conditions of accreditation\n\n19 Imposition, variation or revocation of conditions of accreditation\n\n> > (1) The Secretary may, by written notice given to an accredited person—\n> > \n> > > (a) impose conditions or further conditions on the person’s accreditation, or\n> > \n> > > (b) vary or revoke the conditions of the person’s accreditation—\n> > > \n> > > > (i) on the Secretary’s initiative, or\n> > > \n> > > > (ii) on the application of the accredited person.\n> \n> > (2) A condition imposed or varied takes effect on—\n> > \n> > > (a) the date on which notice of the condition is given to the accredited person, or\n> > \n> > > (b) a later date specified in the notice.\n> \n> > (3) A person may only apply to the Secretary to vary or revoke a condition of the person’s accreditation if the condition imposes a requirement relating to supervising, inspecting or auditing the person’s work in providing contestable network services.\n> \n> > (4) An application must—\n> > \n> > > (a) be made in accordance with the scheme rules, and\n> > \n> > > (b) be supported by information specified in the scheme rules or required by the Secretary.\n> \n> > (5) The Secretary must give an applicant written notice of the determination of the application, including, if the application is refused, the reasons for the refusal.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Suspension or cancellation of accreditation","content":"#### 20 Suspension or cancellation of accreditation\n\n20 Suspension or cancellation of accreditation\n\n> > (1) The Secretary may suspend or cancel a person’s accreditation if satisfied that—\n> > \n> > > (a) the person is not competent to provide the class of contestable network services for which the person is accredited, or\n> > \n> > > (b) the person does not satisfy the eligibility requirements in the scheme rules, or\n> > \n> > > (c) the person is not a fit and proper person to provide contestable network services, or\n> > \n> > > (d) for an individual—a person with whom the person is in partnership in connection with a business that provides or proposes to provide contestable network services is not a fit and proper person to be involved in providing contestable network services, or\n> > \n> > > (e) for a body corporate—a director or person involved in the management of the body corporate is not a fit and proper person to be involved in providing contestable network services, or\n> > \n> > > (f) the person has contravened a condition of the accreditation, or\n> > \n> > > (g) the person was accredited on the basis of false or misleading information, or\n> > \n> > > (h) the person failed to disclose or give required information when applying for accreditation, or\n> > \n> > > (i) the person has been convicted of an offence against—\n> > > \n> > > > (i) the Act or the regulations under the Act, or\n> > > \n> > > > (ii) the [Gas and Electricity (Consumer Safety) Act 2017](/view/html/inforce/current/act-2017-015) or a regulation under that Act, to the extent that Act or regulation relates to electricity, or\n> > \n> > > (j) it is necessary to do so on other grounds relating to—\n> > > \n> > > > (i) the safety of the work carried out, or\n> > > \n> > > > (ii) public safety.\n> \n> > (2) Before suspending or cancelling a person’s accreditation, the Secretary must—\n> > \n> > > (a) ensure that written notice of the proposed suspension or cancellation is given to the person, and\n> > \n> > > (b) give the person a reasonable opportunity to make submissions to the Secretary about the proposed suspension or cancellation, and\n> > \n> > > (c) consider the submissions made.\n> \n> > (3) If the Secretary decides to suspend or cancel an accreditation, the Secretary must give the person a written notice—\n> > \n> > > (a) stating that the accreditation is suspended or cancelled, as the case may be, and\n> > \n> > > (b) giving reasons for the suspension or cancellation, and\n> > \n> > > (c) stating the date from which the suspension or cancellation takes effect.\n> \n> > (4) A suspension continues until—\n> > \n> > > (a) the person’s accreditation is cancelled in accordance with this division, or\n> > \n> > > (b) the suspension is lifted by the Secretary.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Definition","content":"#### 21 Definition\n\n21 Definition\n\n> In this division—\n> \n> appropriate person means—\n> \n> > (a) if the decision to be reviewed is made by the Secretary personally—the Minister, or\n> \n> > (b) otherwise—the Secretary.","sortOrder":29},{"sectionNumber":"22","sectionType":"section","heading":"Reviewable decisions","content":"#### 22 Reviewable decisions\n\n22 Reviewable decisions\n\n> A person may apply to the appropriate person for a review of the following—\n> \n> > (a) a decision to refuse an application to accredit the person to provide a class of contestable network services,\n> \n> > (b) a decision to impose conditions on the person’s accreditation,\n> \n> > (c) a decision to vary the conditions of the person’s accreditation,\n> \n> > (d) a decision to refuse to vary or revoke conditions of the person’s accreditation,\n> \n> > (e) a decision to suspend or cancel the person’s accreditation,\n> \n> > (f) a failure to act on the suspension of the person’s accreditation by either cancelling the accreditation or lifting the suspension within 28 days after the date on which the suspension took effect.","sortOrder":30},{"sectionNumber":"23","sectionType":"section","heading":"Application for review","content":"#### 23 Application for review\n\n23 Application for review\n\n> > (1) An application for a review under this division must—\n> > \n> > > (a) be written, and\n> > \n> > > (b) be given to the Secretary, in the way specified in the scheme rules, no later than—\n> > > \n> > > > (i) for a review under section 22(f)—56 days after the suspension takes effect, or\n> > > \n> > > > (ii) otherwise—28 days after the applicant receives written notice of the decision, and\n> > \n> > > (c) state the reasons why the applicant considers that the decision should be reviewed.\n> \n> > (2) If the Minister is the appropriate person for the application, the Secretary must give the application to the Minister.","sortOrder":31},{"sectionNumber":"24","sectionType":"section","heading":"Review of decision","content":"#### 24 Review of decision\n\n24 Review of decision\n\n> > (1) On receiving an application under this division, the appropriate person must review the decision and—\n> > \n> > > (a) confirm the decision under review, or\n> > \n> > > (b) vary or cancel the decision under review.\n> \n> > (2) As soon as practicable after the review, the appropriate person must give the applicant written notice setting out—\n> > \n> > > (a) the appropriate person’s decision, together with the reasons for the decision, and\n> > \n> > > (b) if the decision is to vary the original decision—the way the original decision is varied.\n> \n> > (3) If the appropriate person fails to give notice under subsection (2) within 14 days after the review application is made, the appropriate person is taken to have confirmed the decision under review.","sortOrder":32},{"sectionNumber":"Division 4","sectionType":"division","heading":"Other","content":"## Division 4 Other\n\nDivision 4 Other","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Scheme rules","content":"#### 25 Scheme rules\n\n25 Scheme rules\n\n> > (1) The Minister may, by order published in the Gazette, make scheme rules.\n> \n> > (2) For the Act, section 31A(4A)(e), scheme rules may be made about the following—\n> > \n> > > (a) matters that may be considered by the Secretary when determining if a person is a fit and proper person for this part,\n> > \n> > > (b) the assessment of the ongoing competence of accredited service providers,\n> > \n> > > (c) the procedures for—\n> > > \n> > > > (i) the collection and sharing of information about accredited service providers, and\n> > > \n> > > > (ii) the administration of websites and other electronic platforms used in connection with the accreditation of service providers.","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Details of accredited persons to be publicly available","content":"#### 26 Details of accredited persons to be publicly available\n\n26 Details of accredited persons to be publicly available\n\n> The Secretary must make available to the public a current list of all persons accredited to provide contestable network services that includes the following—\n> \n> > (a) the name of each accredited person,\n> \n> > (b) contact details for each accredited person,\n> \n> > (c) the classes of contestable network services each person is accredited to provide.","sortOrder":35},{"sectionNumber":"Part 4","sectionType":"part","heading":"Protection of underground power lines","content":"# Part 4 Protection of underground power lines\n\nPart 4 Protection of underground power lines","sortOrder":36},{"sectionNumber":"27","sectionType":"section","heading":"Definitions","content":"#### 27 Definitions\n\n27 Definitions\n\n> > (1) In this part—\n> > \n> > notifiable excavation work—see section 28.\n> > \n> > planning approval means—\n> > \n> > > (a) a development consent within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Part 4, or\n> > \n> > > (b) an approval under that Act, Part 3A or Division 5.1.\n> > \n> > power lines information means information given by the designated information provider or a network operator in response to a request by a person under the Act, section 63Z(1).\n> > \n> > utility service means a water, gas, electricity, sewerage, drainage or telecommunications service.\n> \n> > (2) Words and expressions used in this part have the same meaning as in the Act, Part 5E.","sortOrder":37},{"sectionNumber":"28","sectionType":"section","heading":"Meaning of “notifiable excavation work”—the Act, s 63Z(4)","content":"#### 28 Meaning of “notifiable excavation work”—the Act, s 63Z(4)\n\n28 Meaning of “notifiable excavation work”—the Act, s 63Z(4)\n\n> > (1) The following kind of work carried out within the distribution district of a distributor is excavation work to which the Act, section 63Z applies (notifiable excavation work)—\n> > \n> > > (a) excavation that requires, or is carried out under, a planning approval,\n> > \n> > > (b) excavation that is, or is carried out in connection with, an activity within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Part 5,\n> > \n> > > (c) excavation of land conducted by or on behalf of a public authority,\n> > \n> > > (d) excavation of land on which an underground utility service is located, or proposed to be located, by or on behalf of the owner or proposed owner of the service,\n> > \n> > > (e) excavation of land on which an underground utility service is located for the purpose of repairing or maintaining works connected with the utility service.\n> \n> > (2) Despite subsection (1), the following is not excavation work—\n> > \n> > > (a) excavation, conducted using machinery or powered tools, to a depth of less than 150mm,\n> > \n> > > (b) ploughing, on land within a rural zone or a rural-residential zone under an environmental planning instrument, to a depth of less than 250mm,\n> > \n> > > (c) excavation, conducted without the use of machinery or powered tools, to a depth of less than 300mm,\n> > \n> > > (d) excavation conducted under a lease, licence or mineral claim under the [Mining Act 1992](/view/html/inforce/current/act-1992-029),\n> > \n> > > (e) excavation conducted in an emergency, including work to prevent or mitigate—\n> > > \n> > > > (i) injury or death, or\n> > > \n> > > > (ii) serious damage to property or the environment,\n> > \n> > > (f) excavation, conducted without the use of machinery or powered tools by, or on behalf of, the owner of a utility service, to—\n> > > \n> > > > (i) ascertain the location of the service, or\n> > > \n> > > > (ii) test the integrity of the service,\n> > \n> > > (g) excavation, urgently required in response to water main leaks and breaks, conducted by, or on behalf of, the owner of a utility service to stop the loss of water.","sortOrder":38},{"sectionNumber":"29","sectionType":"section","heading":"Requirements for carrying out excavation work—the Act, s 63Z(4)(a)","content":"#### 29 Requirements for carrying out excavation work—the Act, s 63Z(4)(a)\n\n29 Requirements for carrying out excavation work—the Act, s 63Z(4)(a)\n\n> > (1) If power lines information given to a person shows that underground electricity power lines are near proposed notifiable excavation work, the person must—\n> > \n> > > (a) not commence, or authorise the commencement of, the excavation work unless the person has first given notice of the work to the network operator, and\n> > \n> > > (b) at the request of the network operator, give the network operator information about the excavation work.\n> \n> > (2) A person who carries out notifiable excavation work must request information under the Act, section 63Z no more than 30 days before the work commences, unless the request is made by another person within that period.\n> \n> > (3) A person who carries out notifiable excavation work must, when carrying out the work, consider the following information given to the person by the designated information provider or a network operator—\n> > \n> > > (a) information about the location and type of underground electricity power lines near the work,\n> > \n> > > (b) other information about the underground electricity power lines.","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Provision of information by network operator—the Act, s 63Z(4)(b)","content":"#### 30 Provision of information by network operator—the Act, s 63Z(4)(b)\n\n30 Provision of information by network operator—the Act, s 63Z(4)(b)\n\n> A network operator notified of proposed notifiable excavation work near underground electricity power lines owned by the network operator must—\n> \n> > (a) ensure that the person who notifies the work, or the person proposing to carry out the work, is informed of the existence of the Work near overhead and underground electric lines: Code of Practice published in May 2026 by SafeWork NSW, and\n> \n> > (b) give the person who gave notice of the work or who proposes to carry out the work a copy of the Code of Practice at the person’s request.","sortOrder":40},{"sectionNumber":"31","sectionType":"section","heading":"Notification of damage to underground electricity power lines—the Act, s 63ZA(2)","content":"#### 31 Notification of damage to underground electricity power lines—the Act, s 63ZA(2)\n\n31 Notification of damage to underground electricity power lines—the Act, s 63ZA(2)\n\n> A person who is required to notify a network operator under the Act, section 63ZA(1) of damage to an underground electricity power line must notify the network operator—\n> \n> > (a) if a contact telephone number for the network operator is given to the person by the designated information provider—by telephoning the number, or\n> \n> > (b) otherwise—by telephoning the emergency contact telephone number for the network operator listed in a telephone or internet directory.","sortOrder":41},{"sectionNumber":"32","sectionType":"section","heading":"Maximum amount of civil monetary liability—the Act, s 63ZC(3)","content":"#### 32 Maximum amount of civil monetary liability—the Act, s 63ZC(3)\n\n32 Maximum amount of civil monetary liability—the Act, s 63ZC(3)\n\n> > (1) The maximum amount of civil monetary liability for a designated person for a negligent act or omission of a kind referred to in the Act, section 63ZC(2) is $10 million.\n> \n> > (2) In this section—\n> > \n> > designated person means the following—\n> > \n> > > (a) a designated information provider,\n> > \n> > > (b) an officer or employee of the designated information provider,\n> > \n> > > (c) a person acting on behalf of the designated information provider.","sortOrder":42},{"sectionNumber":"Part 5","sectionType":"part","heading":"Tree preservation—the Act, s 191(1)(h)","content":"# Part 5 Tree preservation—the Act, s 191(1)(h)\n\nPart 5 Tree preservation—the Act, s 191(1)(h)","sortOrder":43},{"sectionNumber":"33","sectionType":"section","heading":"Definitions","content":"#### 33 Definitions\n\n33 Definitions\n\n> In this part—\n> \n> power lines includes structures and equipment used for or in connection with the supply of electricity by a distributor.\n> \n> tree means a tree—\n> \n> > (a) taller than 3m, or\n> \n> > (b) having a canopy more than 3m in maximum diameter, or\n> \n> > (c) having a trunk with a circumference at a height of 1m from the ground of more than 0.3m.\n> \n> tree management plan—see section 36.","sortOrder":44},{"sectionNumber":"34","sectionType":"section","heading":"Object and application of part","content":"#### 34 Object and application of part\n\n34 Object and application of part\n\n> > (1) The object of this part is to regulate the removal and trimming of trees by distributors so as to minimise damage to or the destruction of trees growing under or near power lines.\n> \n> > (2) This part—\n> > \n> > > (a) applies only to the extent a distributor may lawfully remove or trim trees, and\n> > > \n> > > Example—\n> > > \n> > > removing or trimming trees on behalf of a council\n> > \n> > > (b) does not otherwise authorise the removal or trimming of trees.","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Preservation of trees","content":"#### 35 Preservation of trees\n\n35 Preservation of trees\n\n> > (1) A distributor must not remove or trim a tree in a way that substantially damages the tree, unless—\n> > \n> > > (a) the distributor is satisfied it is necessary to do so to protect—\n> > > \n> > > > (i) the distributor’s power lines, or\n> > > \n> > > > (ii) the safety of persons or property under or near the power lines, and\n> > \n> > > (b) the distributor—\n> > > \n> > > > (i) has considered alternative methods, and\n> > > \n> > > > (ii) is satisfied that none of the methods is feasible, including economically feasible, in the circumstances, and\n> > \n> > > (c) the distributor is acting in accordance with a tree management plan.\n> \n> > (2) In this section—\n> > \n> > alternative methods includes the following—\n> > \n> > > (a) the use of aerial bundled cables,\n> > \n> > > (b) the controlled trimming of trees,\n> > \n> > > (c) the appropriate location or relocation of power lines, including placing the lines underground.","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Tree management plans","content":"#### 36 Tree management plans\n\n36 Tree management plans\n\n> > (1) A distributor may establish a tree management plan for the trimming or staged removal and replacement of tree species that tend to interfere with power lines.\n> \n> > (2) A tree management plan may include the following—\n> > \n> > > (a) lists of suitable species of trees for planting under or near power lines in different localities or situations,\n> > \n> > > (b) plans—\n> > > \n> > > > (i) for trimming or removing and replacing existing trees, and\n> > > \n> > > > (ii) for controlling future planting of suitable species of trees,\n> > \n> > > (c) arrangements for trimming or removing trees in an emergency,\n> > \n> > > (d) methods for trimming trees,\n> > \n> > > (e) the use of accredited contractors for trimming trees,\n> > \n> > > (f) the intended allocation of costs between the distributor and relevant councils for the distribution district to which the plan applies,\n> > \n> > > (g) the environmental factors that must be considered in trimming trees,\n> > \n> > > (h) the development of public education and publicity programs that encourage the selection of appropriate species of trees for planting under or near power lines,\n> > \n> > > (i) other matters the distributor considers appropriate.\n> \n> > (3) A tree management plan may apply differently to the following—\n> > \n> > > (a) public land,\n> > \n> > > (b) private land,\n> > \n> > > (c) urban land,\n> > \n> > > (d) rural land.\n> \n> > (4) A tree management plan may be amended or replaced by a later tree management plan.\n> \n> > (5) In this section—\n> > \n> > accredited contractor means a person accredited under Part 3 to provide tree trimming services.","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Consultation with councils and public","content":"#### 37 Consultation with councils and public\n\n37 Consultation with councils and public\n\n> When preparing a tree management plan, a distributor must give the following organisations and persons in the distribution district to which the plan applies an opportunity to comment on the plan—\n> \n> > (a) local government,\n> \n> > (b) residents,\n> \n> > (c) community groups.","sortOrder":48},{"sectionNumber":"Part 6","sectionType":"part","heading":"Disconnection from distribution system—the Act, s 191(1A)(g)","content":"# Part 6 Disconnection from distribution system—the Act, s 191(1A)(g)\n\nPart 6 Disconnection from distribution system—the Act, s 191(1A)(g)","sortOrder":49},{"sectionNumber":"38","sectionType":"section","heading":"Refusal to connect and disconnection of unsafe electrical installations","content":"#### 38 Refusal to connect and disconnection of unsafe electrical installations\n\n38 Refusal to connect and disconnection of unsafe electrical installations\n\n> > (1) If a distributor reasonably believes an electrical installation on premises is unsafe, or is likely to become unsafe if the premises are connected to the distributor’s distribution system, the distributor may—\n> > \n> > > (a) disconnect the premises from the distribution system, or\n> > \n> > > (b) refuse to connect the premises to the distribution system.\n> \n> > (2) A distributor that refuses to connect premises to the distributor’s distribution system must, if reasonable, notify the person seeking to have the premises connected of the steps required to enable the connection.\n> \n> > (3) Before a distributor disconnects premises from the distributor’s distribution system, the distributor must, if reasonably practicable to do so, notify each customer likely to be affected by the proposed disconnection of—\n> > \n> > > (a) the proposed disconnection, and\n> > \n> > > (b) the steps required to avoid the premises being disconnected.\n> \n> > (4) Despite subsection (3), a distributor may immediately disconnect premises from the distributor’s distribution system if the distributor reasonably believes that the premises remaining connected to the distribution system creates an immediate danger—\n> > \n> > > (a) to life or property, or\n> > \n> > > (b) of starting a fire.","sortOrder":50},{"sectionNumber":"39","sectionType":"section","heading":"Persons using medical devices","content":"#### 39 Persons using medical devices\n\n39 Persons using medical devices\n\n> Before a distributor disconnects premises from a distribution system in accordance with this part, the distributor must ensure that provision is made for the safety of a person on the premises whose life may be in danger if electricity is no longer available for the operation of a medical device used by the person.","sortOrder":51},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":52},{"sectionNumber":"40","sectionType":"section","heading":"Reports on injuries, incidents and other matters must be given to Tribunal—the Act, s 77(1)(d)","content":"#### 40 Reports on injuries, incidents and other matters must be given to Tribunal—the Act, s 77(1)(d)\n\n40 Reports on injuries, incidents and other matters must be given to Tribunal—the Act, s 77(1)(d)\n\n> > (1) The Tribunal may, by written notice given to a network operator, require the network operator to give the Tribunal a report relating to an injury, incident, system failure or other matter relating to the network operator’s transmission or distribution system.\n> \n> > (2) A report must be given within the time and in the way specified in the notice.\n> \n> > (3) A network operator must comply with a notice under this section.\n> > \n> > Maximum penalty for subsection (3)—\n> > \n> > > (a) for a corporation—8,000 penalty units, or\n> > \n> > > (b) otherwise—4,000 penalty units.","sortOrder":53},{"sectionNumber":"41","sectionType":"section","heading":"Directions for bush fire risk mitigation work on private land","content":"#### 41 Directions for bush fire risk mitigation work on private land\n\n41 Directions for bush fire risk mitigation work on private land\n\n> For the Act, section 53E(3), a direction must include—\n> \n> > (a) the contact details for the network operator giving the notice, and\n> \n> > (b) one of the following—\n> > \n> > > (i) an estimate of the potential costs if the network operator undertakes the required work because of a failure by the owner to comply with the direction,\n> > \n> > > (ii) the internet address of a website maintained by the network operator setting out an indicative range of costs for various types of vegetation management or defect rectification work, and an explanation that the costs will apply if the network operator undertakes the required work because of a failure by the owner to comply with the direction.","sortOrder":54},{"sectionNumber":"42","sectionType":"section","heading":"Regulatory functions of Tribunal—the Act, s 77(1)(d)","content":"#### 42 Regulatory functions of Tribunal—the Act, s 77(1)(d)\n\n42 Regulatory functions of Tribunal—the Act, s 77(1)(d)\n\n> The functions of the Tribunal under this regulation are specified as regulatory functions of the Tribunal.","sortOrder":55},{"sectionNumber":"43","sectionType":"section","heading":"Delegation of functions—the Act, s 191(1)","content":"#### 43 Delegation of functions—the Act, s 191(1)\n\n43 Delegation of functions—the Act, s 191(1)\n\n> The Secretary may delegate a function conferred or imposed on the Secretary by or under this regulation, other than this power of delegation, to an employee of the Department.","sortOrder":56},{"sectionNumber":"44","sectionType":"section","heading":"Transitional provision","content":"#### 44 Transitional provision\n\n44 Transitional provision\n\n> > (1) Section 38(3) does not have effect before 1 July 2027.\n> \n> > (2) The [Electricity Supply (Safety and Network Management) Regulation 2014](/view/html/repealed/current/sl-2014-0524), clause 39(3) continues to have effect before 1 July 2027.","sortOrder":57},{"sectionNumber":"45","sectionType":"section","heading":"Repeal and savings","content":"#### 45 Repeal and savings\n\n45 Repeal and savings\n\n> > (1) The [Electricity Supply (Safety and Network Management) Regulation 2014](/view/html/repealed/current/sl-2014-0524) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Electricity Supply (Safety and Network Management) Regulation 2014](/view/html/repealed/current/sl-2014-0524), had effect under that regulation continues to have effect under this regulation.","sortOrder":58}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based only on the supplied document, there is no clear evidence this version changed the scope of the legislation beyond what the title suggests. The extract supplied contains metadata and site navigation, and specific status notes: it is \"Current from 21/08/2026\", it is \"due to be automatically repealed ... on 1 September 2031\" (quote), and it is \"certified ... under section 45C of the Interpretation Act 1987\" (quote). The extract does not include substantive clauses, defined terms, or amendments that would show an expansion or narrowing of scope. To determine whether the instrument’s scope has materially changed since an earlier version would require comparing the full text of this Regulation (all Parts, clauses and schedules) with prior versions or the original instrument and reviewing any explanatory materials."},"complexity_factors":["Provided text contains no substantive regulatory provisions (only title, status and metadata) which limits ability to assess internal complexity","Cross-references to other Acts: cites Subordinate Legislation Act 1989 (automatic repeal) and Interpretation Act 1987 (certification under s 45C)","Point-in-time/versioning features (\"Current from 21/08/2026\", point-in-time versions), which add procedural layering for users checking versions","Web-formatting and repeated headers in the provided extract create navigational/reading friction but do not reflect substantive law","Unknown number of defined terms, Parts, schedules and cross-references because the substantive text of the regulation was not included"],"plain_english_summary":"**What this instrument is:** The document is the \"Electricity Supply (Safety and Network Management) Regulation 2026\". On its face it establishes rules about electricity supply safety and network management in NSW and therefore affects electricity network operators, suppliers, and others who operate or manage electrical networks. \n\n**Status and timing:** This version is recorded as \"Current from 21/08/2026\" and is noted as due to be automatically repealed on \"1 September 2031\" (Subordinate Legislation Act 1989)."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-supply-safety-and-network-management-regulation-2026","history":"/api/acts/electricity-supply-safety-and-network-management-regulation-2026/history","analysis":"/api/acts/electricity-supply-safety-and-network-management-regulation-2026/analysis","conflicts":"/api/acts/electricity-supply-safety-and-network-management-regulation-2026/conflicts","importantCases":"/api/acts/electricity-supply-safety-and-network-management-regulation-2026/important-cases","documents":"/api/acts/electricity-supply-safety-and-network-management-regulation-2026/documents"}}