{"id":"a-2014-60","name":"Utilities (Technical Regulation) Act 2014","slug":"utilities-technical-regulation-act-2014","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"60 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24567,"registerId":"act-a-2014-60-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Utilities (Technical Regulation) Act 2014.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘gas network—see the Utilities\nAct 2000, section 10.’ means the term ‘gas network’ is defined in that\nsection and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\nThe objects of this Act are to—\n(a) ensure the safe, reliable and efficient delivery of regulated utility\nservices; and\n(b) promote the long-term serviceability of regulated utility\nnetworks and regulated utility services; and\n(c) promote design integrity and functionality of regulated utility\nnetworks; and\n(d) ensure the safe and reliable operation and maintenance of\nregulated utility networks and regulated utility services to\nprotect the following:\n(i) the public;\n(ii) people working on regulated utility networks and regulated\n(iii) property near regulated utility networks and regulated\n(iv) the environment.\n\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Other laws not affected","content":"7 Other laws not affected\n(1) This Act is in addition to, and does not limit, any other Act.\n(2) In particular, nothing in this Act affects the exercise of a function\nunder, or the obligation (if any) of a regulated utility service to\ncomply with a requirement under any of the following:\n(a) the Australian Consumer Law (ACT);\n(b) the Electricity (National Scheme) Act 1997;\n(c) the Electricity Safety Act 1971;\n(d) the Emergencies Act 2004;\n(e) the Environment Protection Act 1997;\n(f) the Environment Protection and Biodiversity Conservation\nAct 1999 (Cwlth);\n(g) the Gas Safety Act 2000;\n(h) the National Gas (ACT) Act 2008;\n(i) the National Gas (ACT) Law;\n(j) the National Gas (ACT) Regulation;\n(k) the Planning Act 2023;\n(l) the Utilities Act 2000;\n(m) the Water and Sewerage Act 2000;\n(n) the Water Resources Act 2007;\n(o) the Work Health and Safety Act 2011.\n\nRegulated utility services Part 2\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of regulated utility","content":"8 Meaning of regulated utility\nIn this Act:\nregulated utility means a person who provides a service that is a\nregulated utility service under this Act.\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of regulated utility service","content":"9 Meaning of regulated utility service\n(1) For this Act, each of the following is a regulated utility service:\n(a) a utility service under the Utilities Act 2000, part 2;\nNote The Utilities Act 2000 requires a person who provides a utility\nservice to be licensed (see that Act, s 21).\n(b) a regulated utility service prescribed under section 10;\n(c) in relation to electricity—small or medium scale electrical\ngeneration;\n(d) in relation to electricity—the supply of electricity from an\nelectricity network to premises;\n(e) in relation to gas—the supply of gas from a gas network to\npremises;\n(f) in relation to water—owning, leasing or subleasing a registrable\ndam;\n(g) the provision of a district energy service.\ndiscrete district network means infrastructure that is not connected to\na network and is used for 1 or more of the following:\n(a) providing a form of energy to more than 1 building or premises;\n\n(b) converting a form of energy to another form of energy and\nproviding that energy to more than 1 building or premises;\n(c) providing reticulated gas, water or another fluid to more than\n1 building or premises;\n(d) storing a form of energy, gas, water or another fluid for\nprovision to more than 1 building or premises.\nExample—discrete district network\nA solar installation located on a warehouse produces a form of energy such as\nelectricity or hydraulic pressure that is provided to the warehouse and a number of\nother buildings in the neighbourhood for use. The solar installation and the cables\ndistributing the energy are not connected to a network under the Utilities Act 2000.\ndistrict energy service means the provision for use in a discrete\ndistrict network of 1 or both of the following:\n(a) electricity or another form of energy;\n(b) reticulated gas, water or another fluid.\nsmall or medium scale generation means the capacity to generate an\namount of power that—\n(a) is not less than the lower limit, but less than the upper limit\nprescribed by regulation; and\n(b) is connected to an electricity network.\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Prescribed regulated utility services","content":"10 Prescribed regulated utility services\n(1) A regulation may prescribe a regulated utility service for this Act if\nthe Minister is satisfied on reasonable grounds that the service\nincludes infrastructure for the provision of electricity, gas, another\nform of energy, water or sewerage.\n(2) A regulation may prescribe the regulated utility network and the\ninfrastructure it consists of for a regulated utility service prescribed\nunder subsection (1).\n\nRegulated utility services Part 2\n","sortOrder":8},{"sectionNumber":"10A","sectionType":"section","heading":"Exempt classes of regulated utility services","content":"10A Exempt classes of regulated utility services\n(1) A regulation may exempt a class of regulated utility service from this\nAct if, after consulting the technical regulator and having regard to\nthe matters in subsection (2), the Minister is satisfied on reasonable\ngrounds that—\n(a) the class of regulated utility service is, either—\n(i) adequately regulated under another law applying in the\nACT; or\n(ii) not required to be regulated; and\n(b) exempting the class of regulated utility service will not\nsignificantly impede the objects under section 6 being achieved.\n(2) For subsection (1), the Minister must have regard to the following:\n(a) the nature and kind of regulated utility service;\n(b) the level of risk of—\n(i) a regulated utility service in the class failing; or\n(ii) a regulated utility failing to provide a regulated utility\nservice in the class in a safe, reliable and effective way;\n(c) the consequences for consumers, public safety and the\nenvironment if—\n(i) a regulated utility service in the class were to fail; or\n(ii) a regulated utility were to fail to provide a regulated utility\nservice in the class in a safe, reliable and effective way.\n\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Technical codes—purpose","content":"11 Technical codes—purpose\n(1) A technical code must be consistent with the objects of this Act and\nmay be made for the following purposes:\n(a) protecting the integrity of regulated utility networks and\nregulated utility services;\n(b) protecting the health and safety of people who operate, work on,\nor are likely to be affected by, the operation of regulated utility\nnetworks and regulated utility services;\n(c) ensuring the proper connection of customers’ premises to a\nregulated utility network for the provision of a regulated utility\nservice;\n(d) establishing design features or performance requirements for—\n(i) a regulated utility network or a regulated utility service;\nand\n(ii) facilities or equipment on customer’s premises that connect\nto a regulated utility network or regulated utility service;\n(e) establishing boundaries that apply in relation to regulated utility\nnetworks, other networks and customer premises;\n(f) protecting—\n(i) public and private property; and\n(ii) the environment;\n(g) emergency planning by a regulated utility.\n(2) A technical code may make provision in relation to the accreditation\nof people for work associated with regulated utility services.\n\nMaking technical codes Division 3.2\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Draft technical codes—proposed by regulated utility","content":"12 Draft technical codes—proposed by regulated utility\n(1) A regulated utility may propose a draft technical code by—\n(a) giving the technical regulator the draft technical code; and\n(b) asking the technical regulator to consider the draft technical\n(2) If the technical regulator receives a draft technical code under\nsubsection (1), the technical regulator, after considering the draft\ntechnical code, may prepare the draft technical code (with or without\namendment) for consultation under section 13.\n(3) Nothing in this section requires the technical regulator to prepare a\ndraft technical code for consultation.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Draft technical codes—consultation","content":"13 Draft technical codes—consultation\n(1) The technical regulator may prepare a draft technical code.\n(2) The technical regulator must give a copy of the draft technical code\nto—\n(a) the ICRC; and\n(b) if the draft technical code is for protecting the environment—the\nconservator of flora and fauna; and\n(c) each regulated utility providing services that are likely to be\nregulated under the draft code.\n(3) A person who is given a copy of the draft technical code under\nsubsection (2) may make a submission to the technical regulator\nabout the draft technical code within a stated period of not less than\n20 days.\n(4) The technical regulator—\n(a) must consider a submission made under this section; and\n\n(b) may make a recommendation to the Minister about approval of\nthe draft technical code.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Technical codes—approval","content":"14 Technical codes—approval\n(1) The Minister may approve a technical code as recommended by the\ntechnical regulator if the Minister is satisfied on reasonable grounds\nthat—\n(a) section 13 has been complied with; and\n(b) the technical code is—\n(i) consistent with the objects of this Act; and\n(ii) not inconsistent with another technical code.\n(2) An approved technical code may apply, adopt or incorporate a law or\ninstrument, or a provision of a law or instrument, as in force from\ntime to time.\n(3) The Legislation Act, section 47 (6) does not apply in relation to an\nAS or AS/NZS applied, adopted or incorporated under subsection (2).\nNote An AS or AS/NZS does not need to be notified under the Legislation Act\nbecause s 47 (6) does not apply (see Legislation Act, s 47 (7)). An AS or\nAS/NZS may be purchased at www.standards.org.au.\n(4) An approval is a disallowable instrument.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Technical codes—public access","content":"15 Technical codes—public access\n(1) The technical regulator must make a copy of a technical code\navailable for public inspection during ordinary office hours.\n(2) The technical regulator must also make a copy of an instrument (other\nthan an AS or AS/NZS) applied, adopted or incorporated in a\ntechnical code available for public inspection during ordinary office\nhours.\n(3) A person may inspect, or make a copy of, all or part of a technical\n\n(4) If a person requests that a copy be made available in electronic form,\nthe technical regulator may provide a copy—\n(a) on a data storage device; or\n(b) by electronic transmission.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Offence—fail to comply with technical code","content":"16 Offence—fail to comply with technical code\n(1) A regulated utility commits an offence if—\n(a) a technical code applies to the regulated utility; and\n(b) the regulated utility fails to comply with a requirement of the\ntechnical code; and\n(c) the regulated utility is negligent about whether the technical\ncode is complied with.\n(2) A regulated utility commits an offence if—\n(a) a technical code applies to the regulated utility; and\n(b) the regulated utility fails to comply with a requirement of the\ntechnical code.\nMaximum penalty: 30 penalty units.\n(3) An offence against subsection (2) is a strict liability offence.\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Technical regulator’s warning notice","content":"17 Technical regulator’s warning notice\nreasonable grounds that a regulated utility has contravened, or is\nlikely to contravene, this Act.\n\n(2) The technical regulator must give the regulated utility a written notice\n(a show cause notice) stating—\n(a) that the technical regulator proposes to issue a notice (a\ntechnical regulator’s warning notice); and\n(b) the details of the proposed technical regulator’s warning notice;\nand\n(c) that the regulated utility may, not later than 20 days after the day\nthe regulated utility is given the show cause notice, give the\ntechnical regulator’s warning notice.\ntechnical regulator may give the regulated utility a technical\nregulator’s warning notice stating—\n(a) the reasons for the warning notice; and\n(b) the action required to rectify the contravention or to avoid the\nlikely contravention; and\n(c) the time within which the action is required; and\n(d) if the warning notice is not complied with in the time mentioned\nin paragraph (c), that—\n(i) a technical regulator’s direction under section 18 may be\ngiven without further notice; and\n(ii) the technical regulator’s compliance report will include\ndetails of the non-compliance.\n(4) The technical regulator’s compliance report must include details\nabout—\n(a) the regulated utilities that were given a notice under this section\nin a financial year; and\n\n(b) the reasons for the notice; and\n(c) whether the action required in the notice was taken within the\ntime stated in the notice.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Technical regulator’s directions","content":"18 Technical regulator’s directions\nreasonable grounds that a regulated utility has contravened, or is\nlikely to contravene, this Act.\n(2) The technical regulator may give the regulated utility a written notice\n(a show cause notice) stating—\n(a) that the technical regulator proposes to issue a direction (a\ntechnical regulator’s direction); and\n(b) the details of the proposed technical regulator’s direction; and\n(c) that the regulated utility may, not later than 20 days after the day\nthe regulated utility is given the show cause notice, give the\ntechnical regulator’s direction.\ntechnical regulator may direct the regulated utility to take action\nstated in the technical regulator’s direction to ensure compliance with\nthis Act or the code, including action—\n(a) to rectify the contravention; or\n(b) to avoid the likely contravention.\n\n(4) The technical regulator may give a technical regulator’s direction\nonly if the technical regulator—\n(a) has given the regulated utility a technical regulator’s warning\nnotice and the warning notice has not been complied with; or\n(b) has given the regulated utility a show cause notice under this\nsection.\n(5) As soon as practicable after a technical regulator’s direction is given,\nthe technical regulator must prepare a statement about the direction\nand the reasons for it.\n(6) The direction and statement of reasons are a notifiable instrument.\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Offence—fail to comply with technical regulator’s","content":"19 Offence—fail to comply with technical regulator’s\nA regulated utility commits an offence if the regulated utility—\n(a) is given a technical regulator’s direction; and\ndirection.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Technical regulator’s urgent directions","content":"20 Technical regulator’s urgent directions\nreasonable grounds that a regulated utility—\n(a) has contravened, or is likely to contravene, this Act; and\n(b) the contravention or likely contravention is occurring in urgent\ncircumstances.\n\n(2) The technical regulator may direct the regulated utility to take the\naction stated in the direction (a technical regulator’s urgent\ndirection) to ensure compliance with the technical code within a\nstated period.\n(3) As soon as practicable after a technical regulator’s urgent direction is\ngiven, the technical regulator must prepare a statement about the\nurgent direction and the reasons for it.\n(4) The direction and statement of reasons are a notifiable instrument.\n(5) In this section:\n(a) the integrity of a regulated utility network or facility; or\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Offence—fail to comply with technical regulator’s urgent","content":"21 Offence—fail to comply with technical regulator’s urgent\nA regulated utility commits an offence if the regulated utility—\n(a) is given a technical regulator’s urgent direction; and\nurgent direction.\n\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Technical regulator—obtaining information and","content":"22 Technical regulator—obtaining information and\ndocuments\n(1) If the technical regulator is satisfied that a person is capable of\nproviding information or producing a document that the technical\nregulator reasonably requires for this part, the technical regulator\nmay, by written notice given to the person, require the person—\n(a) to give the information to the technical regulator in writing\nsigned by the person; or\n(b) to produce the document to the technical regulator.\n(2) The notice must state—\n(a) the place at which the information or document is to be given or\nproduced to the technical regulator; and\n(b) the time at which, or the period within which, the information or\ndocument is to be given or produced.\n(3) If a document is produced in accordance with a requirement under\nsubsection (1), the technical regulator—\n(a) may—\n(i) take possession of, and make a copy of, or take extracts\nfrom, the document; and\n(ii) keep the document for the period necessary for the\npurposes of this part; and\n(b) must, during that period allow a person who would be entitled\nto inspect the document, if it was not in the possession of the\ntechnical regulator, to inspect the document at any reasonable\ntime.\n\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Offence—contravention of requirement under s 22","content":"23 Offence—contravention of requirement under s 22\n(a) is required to provide information or a document by notice under\nsection 22; and\n(b) fails to take reasonable steps to comply with the notice.\nMaximum penalty: 200 penalty units, imprisonment for 6 months or\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Self-incrimination etc","content":"24 Self-incrimination etc\n(1) A person is not excused from providing information or producing a\ndocument or thing when required to do so under section 22 (Technical\nregulator—obtaining information and documents) on the ground that\nthe information or document might tend to incriminate the person.\n(2) However, the information, document or thing obtained as a direct or\nindirect consequence of the requirement is not admissible in evidence\nagainst the person in criminal proceedings, other than proceedings\nfor—\n(a) an offence against this Act; or\n(b) any other offence in relation to the falsity of the information or\ndocument.\nNote 1 A reference to an offence against a Territory law includes a reference to\na related ancillary offence, eg attempt (see Legislation Act, s 189).\nNote 2 The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n\nDivision 3.4 Application to NERL retailers and NERL exempt sellers\nDivision 3.4 Application to NERL retailers and\nNERL exempt sellers\n25 Application to NERL retailers and NERL exempt sellers—\npt 3\n(1) This part applies to a NERL retailer as if—\n(a) a reference to a regulated utility were a reference to a NERL\nretailer; and\n(b) a reference to a regulated utility service were a reference to the\nactivity of selling electricity or gas to a person for premises; and\n(c) a reference to a customer were a reference to a customer under\nthe National Energy Retail Law (ACT); and\n(d) any other necessary changes were made.\n(2) This part applies to a NERL exempt seller as if—\n(a) a reference to a regulated utility were a reference to a NERL\nexempt seller; and\n(b) a reference to a regulated utility service were a reference to the\nactivity of selling electricity or gas to a person for premises; and\n(c) a reference to a customer were a reference to a customer under\nthe National Energy Retail Law (ACT); and\n(d) any other necessary changes were made.\n\nApplication to NERL retailers and NERL exempt sellers Division 3.4\n","sortOrder":23},{"sectionNumber":"26","sectionType":"section","heading":"NERL retailers and NERL exempt sellers—determination","content":"26 NERL retailers and NERL exempt sellers—determination\nof application of technical code\n(1) The Minister may determine that a technical code applies to a NERL\nretailer or NERL exempt seller if the Minister is satisfied on\nreasonable grounds that it is appropriate for the code to apply to the\nretailer or seller.\nNote Power to make a statutory instrument (including a disallowable\ninstrument) includes power to make different provision for different\ncategories (see Legislation Act, s 48).\n","sortOrder":24},{"sectionNumber":"27","sectionType":"section","heading":"Inconsistency between Act and NERL","content":"27 Inconsistency between Act and NERL\n(1) The National Energy Retail Law (ACT) prevails if there is an\ninconsistency between this Act in its application to a NERL retailer\nor NERL exempt seller and that Law.\nNote 1 A reference to the National Energy Retail Law (ACT) includes a reference\nto the statutory instruments made or in force under that Law, including\nthe National Energy Retail Regulation (ACT) and the National Energy\nRetail Rules (see National Energy Retail Law (ACT) Act 2012, s 9 (2) and\nLegislation Act, s 104).\nNote 2 A reference to an Act includes a reference to the statutory instruments\n(2) This Act is taken to be consistent with that Law to the extent that it is\ncapable of operating concurrently with that Law.\n\n","sortOrder":25},{"sectionNumber":"28","sectionType":"section","heading":"Definitions—pt 4","content":"28 Definitions—pt 4\ndangerous incident means an incident that exposes, or potentially\nexposes, a person to a serious risk to the person’s health or safety\nemanating from an immediate or imminent exposure to—\n(a) an uncontrolled escape, spillage or leakage of a substance onto\nland, adjacent land or premises; or\n(b) an uncontrolled implosion, explosion or fire; or\n(c) an uncontrolled escape of gas or steam; or\n(d) an uncontrolled escape of a pressurised substance; or\n(e) electric shock; or\n(f) the fall or release from a height of any plant, installation,\nsubstance or thing; or\n(g) the collapse, overturning, failure or malfunction of, or damage\nto, any plant used in relation to the provision of a regulated\nutility service; or\n(h) the collapse or partial collapse of a structure; or\n(i) the collapse or failure of an excavation or of any shoring\nsupporting an excavation; or\n(j) the inrush of water, mud or gas in workings, in an underground\nexcavation or tunnel, utility pit, switchboard, pipe or conduit; or\n(k) any other event identified in a technical code; or\n(l) any other event prescribed by regulation.\n\nReporting of notifiable incidents Part 4\nnotifiable incident means an incident, in relation to the operation of\na regulated utility network, or infrastructure used in a regulated utility\nnetwork, that involves—\n(a) the death of a person; or\n(b) a dangerous incident; or\n(c) serious damage to public or private property; or\n(d) serious damage to the environment.\n","sortOrder":26},{"sectionNumber":"29","sectionType":"section","heading":"Offence—reporting of notifiable incidents by regulated","content":"29 Offence—reporting of notifiable incidents by regulated\nA regulated utility commits an offence if a notifiable incident happens\nand the regulated utility fails to tell the technical regulator about the\nnotifiable incident, by telephone or email, within 24 hours after the\nregulated utility becomes aware of the notifiable incident.\nMaximum penalty: 200 penalty units.\n\n","sortOrder":27},{"sectionNumber":"Part 5","sectionType":"part","heading":"Protection of regulated utility","content":"Part 5 Protection of regulated utility\nnetworks\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Meaning of interference—pt 5","content":"30 Meaning of interference—pt 5\n(1) In this part:\ninterference, with a regulated utility network or network facility—\n(a) includes an action that—\n(i) interferes with, or is likely to interfere with, the safe or\nefficient operation of the network, the facility or the\nenvironment; or\n(ii) inhibits or obstructs, or is likely to inhibit or obstruct,\nlawful access to the network or facility; but\n(b) does not include the encroachment of vegetation within the\nminimum distance from an aerial line, worked out under\nsection 41D, on unleased territory land, rural leased land or\nnational land.\nNote Under s 41D, a responsible utility for an electrical network is\nresponsible for the clearance of vegetation near an aerial line on\nunleased territory land, rural leased land or national land.\naerial line—see section 41C.\nrural leased land—see section 41A.\n\nGeneral interference Division 5.2\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Offence—interference with regulated utility networks","content":"31 Offence—interference with regulated utility networks\n(a) does something that interferes with a regulated utility network,\nor a network facility; and\n(b) is reckless about whether doing the thing would interfere with\nthe regulated utility network, or a network facility.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Network protection notices","content":"32 Network protection notices\n(1) This section applies if a responsible utility is satisfied that a structure,\ntree or activity on, under or over land or water interferes, or is\nreasonably likely to interfere, with the regulated utility network or a\nnetwork facility.\n(2) The responsible utility may give the landholder written notice to take\nwhatever action is necessary to stop the interference with the\nregulated utility network or network facility, or to remove the\nlikelihood of that interference.\nNote 1 Utilities may also maintain network facilities under the Utilities Act 2000,\ns 106 (Maintenance of network facilities).\nNote 2 For how documents may be given, see the Legislation Act, pt 19.5.\n(3) The notice must—\n(a) indicate the structure, tree or activity; and\n(b) require the landholder to take stated action to stop the\ninterference, or remove the likelihood of the interference, within\na stated period; and\n(c) contain a statement about the effect of subsection (5).\n\n(4) The stated period must be at least 14 days starting on the date the\nnotice is given to the landholder.\n(5) If the landholder does not comply with the notice—\n(a) the responsible utility may do whatever is necessary to stop the\ninterference or remove the likelihood of the interference; and\n(b) the reasonable expenses incurred by the utility are a debt due to\nthe utility by the landholder.\n(6) Subsection (5) (b) does not apply to a structure or tree that was, or an\nactivity that commenced, on, under or over the land before the\ninstallation of the regulated utility network or network facility to\nwhich the interference relates.\n(7) In urgent circumstances, subsection (2) does not apply and the\nresponsible utility may do whatever is necessary to stop the\ninterference or to remove the likelihood of the interference—\n(a) without notice to the landholder; and\n(b) at the expense of the utility.\n(8) The responsible utility must, as soon as practicable after taking action\nunder subsection (7), give written notice to the landholder and the\ntechnical regulator about—\n(a) the action taken to stop the interference or to remove the\nlikelihood of the interference; and\n(b) the urgent circumstances that required the action under\nsubsection (7).\n(9) If both of the following happen, the amount of the loss or damage is\na debt owing to the person by the responsible utility:\n(a) the responsible utility acts under this section in relation to a\nstructure or tree that was, or an activity that began, on, under or\nover the land before the installation of the regulated utility\nnetwork or network facility to which the interference relates;\n\nGeneral interference Division 5.2\n(b) the person suffers loss or damage because of the responsible\nutility’s action.\n(10) Any work undertaken under this section that affects a protected tree\n(b) for any other protected tree—an activity approved under that Act,\ns 28 or s 32 (see that Act, s 18 (1) (c)).\n(11) In subsection (7):\n(a) the integrity of a regulated utility network or network facility; or\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Network protection—action affecting heritage","content":"33 Network protection—action affecting heritage\nsignificance\n(1) If a notice under section 32 is about action that may affect a place or\nobject registered, or nominated for provisional registration, under the\nHeritage Act 2004, the responsible utility must also give a copy of the\nnotice to the heritage council as soon as practicable.\n(2) If a responsible utility acts in urgent circumstances as mentioned in\nsection 32 (7), it must give the heritage council written notice of the\naction as soon as practicable.\n\nDivision 5.3 Contamination of water or sewerage networks\nDivision 5.3 Contamination of water or sewerage\nnetworks\n34 Offence—contamination of water\n(a) engages in conduct that contaminates water in a water network;\nand\n(b) is reckless about whether the conduct is likely to contaminate\nwater in a water network; and\n(c) is not authorised to engage in the conduct by the responsible\nutility for the network.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n","sortOrder":32},{"sectionNumber":"35","sectionType":"section","heading":"Offence—prohibited substances—water or sewerage","content":"35 Offence—prohibited substances—water or sewerage\nnetwork\n(a) introduces a substance, or allows a substance to be introduced,\ninto a water network or sewerage network; and\n(b) is reckless about whether the substance—\n(i) is likely to interfere with a regulated utility network or a\nnetwork facility; or\n(ii) will form a compound that is likely to interfere with a\nregulated utility network or a network facility; and\n(c) is not authorised to introduce the substance by the responsible\nutility for the network.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n\nMiscellaneous Division 5.4\n","sortOrder":33},{"sectionNumber":"36","sectionType":"section","heading":"Exempt water treatments","content":"36 Exempt water treatments\n(1) Section 34 and section 35 do not apply to the addition by the\nresponsible utility to a water network of—\n(a) a chemical for the purpose of clarifying, purifying or otherwise\ntreating the water in that network at a concentration that is not\ninjurious to public health; or\n(b) fluoride at a concentration not exceeding 1.0mg/L.\n(2) For subsection (1) (b), a concentration is taken to be a concentration\nof 1.0mg/L if the concentration—\n(a) would result in an average concentration of 1.0mg/L during a\nperiod of 24 hours; and\n(b) does not exceed 1.2mg/L.\n","sortOrder":34},{"sectionNumber":"37","sectionType":"section","heading":"Offence—unauthorised network connections","content":"37 Offence—unauthorised network connections\n(1) A person commits an offence if the person—\n(a) connects premises to a regulated utility network; and\n(b) is not—\n(i) the responsible utility for the network; or\n(ii) an agent of the responsible utility; or\n(iii) authorised by the responsible utility.\nresponsible utility includes a NERL retailer.\n\n","sortOrder":35},{"sectionNumber":"38","sectionType":"section","heading":"Offence—unauthorised abstraction etc of electricity","content":"38 Offence—unauthorised abstraction etc of electricity\n(a) abstracts, diverts or uses electricity from an electricity network;\nand\n(b) is not authorised to abstract, divert or use the electricity by the\n","sortOrder":36},{"sectionNumber":"39","sectionType":"section","heading":"Offence—unauthorised abstraction etc of gas","content":"39 Offence—unauthorised abstraction etc of gas\n(a) abstracts, diverts or uses gas from a gas network; and\n(b) is not authorised to abstract, divert or use the gas by the\n","sortOrder":37},{"sectionNumber":"40","sectionType":"section","heading":"Offence—unauthorised abstraction etc of water","content":"40 Offence—unauthorised abstraction etc of water\n(a) abstracts, diverts or uses water from a water network; and\n(b) is not authorised to abstract, divert or use the water by the\n\nMiscellaneous Division 5.4\n","sortOrder":38},{"sectionNumber":"41","sectionType":"section","heading":"Extended meaning of network","content":"41 Extended meaning of network\n(1) In section 38, section 39 and section 40:\nnetwork includes related infrastructure between the network\nboundary and a customer meter.\ncustomer meter, in relation to the supply of electricity, gas or water,\nmeans a meter used to measure the supply to a customer’s premises.\n\n","sortOrder":39},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Vegetation and electrical","content":"Part 5A Vegetation and electrical\ninfrastructure management\n","sortOrder":40},{"sectionNumber":"41A","sectionType":"section","heading":"Definitions—pt 5A","content":"41A Definitions—pt 5A\noccupier, of premises, includes—\n(a) a person whom a responsible utility believes on reasonable\ngrounds to be an occupier of the premises; and\n(b) a person apparently in charge of the premises.\nowner, in relation to land—\n(a) means a person who leases or subleases the land; and\n(b) includes an occupier of premises on the land.\nresponsible utility means the responsible utility for an electricity\nnetwork.\nrural lease—see the Planning Act 2023, section 256.\nrural leased land means land in relation to which a rural lease is\ngranted.\n","sortOrder":41},{"sectionNumber":"41B","sectionType":"section","heading":"National land","content":"41B National land\nFunctions of the kind exercisable by a responsible utility under this\npart are exercisable in relation to national land only by agreement\nwith the Commonwealth.\n\nVegetation management Division 5A.2\n","sortOrder":42},{"sectionNumber":"41C","sectionType":"section","heading":"Definitions—div 5A.2","content":"41C Definitions—div 5A.2\naerial cable means any insulated or covered conductor or assembly\nof cores (with or without protective covering) that is above ground or\nwater, suspended in the open air between 2 or more supports and\nforms part of an electricity network.\naerial conductor means any bare conductor that is above ground or\nwater, suspended in the open air between 2 or more supports and\nforms part of an electricity network.\naerial line means an aerial cable, aerial conductor or aerial service\nline.\naerial service line means the final span or section of a low voltage\naerial conductor of an upstream network that is connected to a point\nof supply.\nconductor means a finished circular stranded assembly consisting of\n3 or more metallic wires laid up together that has the specific function\nof carrying electrical current.\ncovered conductor means a conductor around which is applied a\nspecified thickness of insulating material.\ninsulated, for a thing, means the thing is surrounded by a\nnonconducting substance that provides resistance to—\n(a) the passage of current; or\n(b) disruptive discharges through or over the surface of the thing at\nthe operating voltage; or\n(c) the injurious leakage of current.\nU, for an aerial line, means its nominal voltage.\n\n","sortOrder":43},{"sectionNumber":"41D","sectionType":"section","heading":"Clearance from aerial lines—vegetation","content":"41D Clearance from aerial lines—vegetation\n(1) A responsible utility is responsible for the clearance of vegetation\nnear an aerial line on the following (the land):\n(a) unleased territory land;\n(b) rural leased land;\n(c) national land.\nExamples—par (a)\npark, nature strip, nature reserve, national park\nExample—par (b)\nfarm\n(2) A responsible utility may—\n(a) enter and occupy the land; and\n(b) undertake any activity or work on the land that is reasonably\nnecessary for the clearance of vegetation near an aerial line,\nincluding—\n(i) the felling or lopping of trees; or\n(ii) the trimming of roots of trees or other plants; or\n(iii) the clearing or removal of vegetation.\nentering or occupying the land (see s 41L).\n(3) However, the responsible utility may only undertake an activity or\nwork under subsection (2) (b) in accordance with a technical code (if\nany) that applies to the activity or work.\nNote A responsible utility commits an offence if a technical code applies to the\nutility, and the utility fails to comply with a requirement of the code (see\ns 16 (2)).\n\nVegetation management Division 5A.2\n(4) A responsible utility commits an offence if the responsible utility—\n(a) is responsible for the clearance of vegetation near an aerial line\non the land; and\n(b) allows any part of a tree or other vegetation on the land to be too\nclose to the aerial line.\n(5) An offence against subsection (4) is a strict liability offence.\n(6) Subsection (4) does not apply if the responsible utility has a\nreasonable excuse.\n(7) A part of a tree or other vegetation on the land is too close to an aerial\nline if at any time it is within the minimum distance from any part of\nthe line worked out in accordance with table 41D.\n(8) Any work undertaken under this section that affects a protected tree\n\nTable 41D\ncolumn 1 column 2 column 3 column 4 column 5\ndirection in\nwhich\ndistance must\nbe observed\ndistance from\ninsulated aerial\ncable or\ninsulated aerial\nservice line,\nU  1 kV\ndistance from\naerial\nconductor or\ncovered aerial\ncable, where-\nU  1 kV\nminimum distance\nfrom aerial\nconductor or\naerial cable,\n1 kV < U  33 kV\nminimum distance\nfrom aerial conductor\nor aerial cable,\n33 kV < U  132 kV\nany direction 1.0m 1.5m 2.0m 3.0m\n","sortOrder":44},{"sectionNumber":"41E","sectionType":"section","heading":"Measuring clearances from aerial lines","content":"41E Measuring clearances from aerial lines\nFor this Act, the minimum distance from any part of an aerial line is\nto be measured from the nearest point to which the line sags or\nswings.\n","sortOrder":45},{"sectionNumber":"41F","sectionType":"section","heading":"Definitions—div 5A.3","content":"41F Definitions—div 5A.3\nelectrical infrastructure, means—\n(a) powerlines and cables; and\n(b) substations and equipment for monitoring, distributing,\nconverting, transforming or controlling electricity; and\n(c) a structure supporting overhead powerlines and cables; and\n(d) wires, ducts or pipes for wires or equipment; and\n(e) communication equipment for the management of an electricity\nnetwork; and\n(f) anything else ancillary to paragraphs (a) to (e).\nnetwork boundary means a boundary between an electricity network\nand customers’ premises worked out under section 53.\n\nElectrical infrastructure management Division 5A.3\n","sortOrder":46},{"sectionNumber":"41G","sectionType":"section","heading":"Maintenance of electrical infrastructure within network","content":"41G Maintenance of electrical infrastructure within network\nboundary\n(1) A responsible utility is responsible for maintaining electrical\ninfrastructure within the network boundary.\n(2) A responsible utility commits an offence if the responsible utility—\n(a) is responsible for maintaining electrical infrastructure within the\nnetwork boundary; and\n(b) fails to adequately maintain the electrical infrastructure.\n(3) Subsection (2) does not apply if the responsible utility has a\nreasonable excuse.\n","sortOrder":47},{"sectionNumber":"41H","sectionType":"section","heading":"Maintenance of electrical infrastructure within network","content":"41H Maintenance of electrical infrastructure within network\nboundary—powers\n(1) For section 41G, a responsible utility may maintain electrical\ninfrastructure and, for that purpose, do anything reasonably\nnecessary, including—\n(a) entering and occupying land; and\n(b) undertaking any work on the land for maintaining electrical\ninfrastructure.\nNote A responsible utility must give notice to the owner of land before entering\nor occupying the land (see s 41L).\n(2) However, the responsible utility may only undertake work under\nsubsection (1) (b) in accordance with a technical code (if any) that\napplies to the work.\nNote A responsible utility commits an offence if a technical code applies to the\nutility, and the utility fails to comply with a requirement of the code (see\ns 16 (2)).\n\n(3) For subsection (1) (b), the maintenance of electrical infrastructure\nincludes the following:\n(a) the alteration, removal, repair or replacement of any part of the\nelectrical infrastructure;\n(b) inspecting or otherwise ensuring the proper functioning of the\nelectrical infrastructure from time to time;\n(c) constructing, installing or placing any plant, machinery,\nequipment or goods;\n(d) interrupting the provision of utility services by the responsible\nutility;\n(e) demolishing, destroying or removing any electrical\ninfrastructure installed or used by the responsible utility in\nrelation to the provision of a utility service.\n(4) Any work undertaken under this section that affects a protected tree\n","sortOrder":48},{"sectionNumber":"41I","sectionType":"section","heading":"Inspection of electrical infrastructure outside network","content":"41I Inspection of electrical infrastructure outside network\nboundary\n(1) This section applies in relation to electrical infrastructure—\n(a) on rural leased land (the land); and\n(b) outside the network boundary.\n\nElectrical infrastructure management Division 5A.3\n(2) A responsible utility—\n(a) must inspect the electrical infrastructure at least every 3 years to\ncheck if it is maintained adequately and in a safe state; and\n(b) may enter the land to carry out the inspection.\nentering the land (see s 41L).\n(3) If, on inspection of the electrical infrastructure, the responsible utility\nis satisfied on reasonable grounds that the electrical infrastructure is\nnot being maintained adequately and is in an unsafe state, the\nresponsible utility may give the owner written notice to take whatever\naction is necessary to repair and restore the electrical infrastructure to\na safe state.\n(4) The notice must—\n(a) state the repairs needed to restore the electrical infrastructure to\na safe state; and\n(b) require the owner to take stated action to repair and restore the\nelectrical infrastructure within a stated period; and\n(c) contain a statement about the effect of subsection (6); and\n(d) contain a statement about the effect of section 41M\n(Management operations outside network boundary—dispute);\nand\nNote The owner may make a submission to the responsible utility and\napply to the ACAT for a determination under s 41M.\n(5) The stated period must be a reasonable period (not less than 14 days)\nstarting on the date the notice is given to the owner.\n\n(6) If the owner does not comply with the notice—\n(a) the responsible utility may do whatever is necessary to repair\nand restore the electrical infrastructure to a safe state; and\n(b) the reasonable expenses incurred by the responsible utility are a\ndebt due to the responsible utility by the owner.\nrepairing and restoring the electrical infrastructure to a safe state (see\ns 41L).\n(7) In urgent circumstances, the responsible utility may do whatever is\nnecessary to repair and restore the electrical infrastructure to a safe\nstate—\n(a) without giving notice to the owner under subsection (3); and\n(b) at the utility’s expense.\n(8) The responsible utility must, as soon as practicable after taking action\nunder subsection (7), give written notice to the owner and the\ntechnical regulator about—\n(a) the action taken to repair and restore the electrical infrastructure\nto a safe state; and\n(b) the urgent circumstances that required the action.\n(9) Any work undertaken under this section that affects a protected tree\n\nPerformance of management operations Division 5A.4\n(10) In this section:\n(a) the integrity of a regulated utility network or network facility; or\n","sortOrder":49},{"sectionNumber":"Div 5A","sectionType":"division","heading":"4 Performance of management","content":"Division 5A.4 Performance of management\noperations\n","sortOrder":50},{"sectionNumber":"41J","sectionType":"section","heading":"Definitions—div 5A.4","content":"41J Definitions—div 5A.4\nmanagement operations means an activity or work undertaken by a\nresponsible utility—\n(a) to clear vegetation near an aerial line under division 5A.2\n(Vegetation management); or\n(b) to maintain electrical infrastructure within the network\nboundary under division 5A.3 (Electrical infrastructure\nmanagement); or\n(c) to inspect electrical infrastructure outside the network boundary\nunder division 5A.3; or\n(d) to repair and restore electrical infrastructure outside the network\nboundary to a safe state under section 41I (6) if the owner does\nnot comply with a notice under section 41I (3).\nprivate land means land other than public land.\npublic land means national or unleased territory land.\n\n","sortOrder":51},{"sectionNumber":"41K","sectionType":"section","heading":"Damage etc to be minimised","content":"41K Damage etc to be minimised\nIn carrying out management operations, a responsible utility must\ntake all reasonable steps to ensure that it causes as little\ninconvenience, detriment and damage as practicable.\n","sortOrder":52},{"sectionNumber":"41L","sectionType":"section","heading":"Notice to owner","content":"41L Notice to owner\n(1) This section applies to management operations on private land.\n(2) Before a responsible utility starts the management operations, it must\ngive the owner written notice of the proposed operations.\n(3) The notice must—\n(a) be given a reasonable period (not less than 7 days) before the\nmanagement operations start; and\n(b) so far as practicable, state the following:\n(i) for vegetation clearance near an aerial line—the trees and\nvegetation affected and the activity proposed;\n(ii) for maintenance of electrical infrastructure—the electrical\ninfrastructure requiring maintenance and the activity\nproposed;\n(iii) for the inspection of electrical infrastructure—the\nelectrical infrastructure to be inspected;\n(iv) for the repair and restoration of electrical infrastructure\nunder section 41I (6)—\n(A) that the utility intends to repair and restore the\nelectrical infrastructure to a safe state; and\n(B) that the reasonable expenses incurred by the\nresponsible utility are a debt due to the responsible\nutility by the owner; and\n\nPerformance of management operations Division 5A.4\n(C) the effect of section 41M (Management operations\noutside network boundary—dispute); and\nNote The owner may make a submission to the responsible utility\nand apply to the ACAT for a determination under s 41M.\n(v) the period during which the activity is expected to be\ncarried out.\n(4) The owner may waive its right to all or part of the minimum period\nof notice under subsection (3) (a).\n(5) Subsection (2) does not apply if the management operations are to be\ncarried out in urgent circumstances in which it is necessary to\nprotect—\n(a) the integrity of a network or network facility; or\n","sortOrder":53},{"sectionNumber":"41M","sectionType":"section","heading":"Management operations outside network boundary—","content":"41M Management operations outside network boundary—\ndispute\n(1) This section applies if—\n(a) a responsible utility gives notice to an owner to repair and\nrestore electrical infrastructure under section 41I (4); or\n(b) the responsible utility gives notice to the owner under\nsection 41L (3) (b) (iv) that—\n(i) the utility intends to repair and restore the electrical\ninfrastructure to a safe state; and\n(ii) the reasonable expenses incurred by the responsible utility\nare a debt due to the responsible utility by the owner.\n\n(2) The owner may—\n(a) make a submission to the responsible utility about the repairs; or\n(b) propose a different period for the repairs to be carried out.\n(3) If the responsible utility and the owner cannot agree on the repairs, or\nthe period for the repairs to be carried out, either the utility or the\nowner may apply to the ACAT for a determination of the repairs or\nthe period.\n\nGeneral Division 6.1\n","sortOrder":54},{"sectionNumber":"Div 6","sectionType":"division","heading":"1 General","content":"Division 6.1 General\n","sortOrder":55},{"sectionNumber":"42","sectionType":"section","heading":"Meaning of unlicensed regulated utility—pt 6","content":"42 Meaning of unlicensed regulated utility—pt 6\nunlicensed regulated utility means a person who provides, or\nproposes to provide, a regulated utility service under this Act, but is\nnot required to be licensed under the Utilities Act 2000 (or is exempt\nfrom the requirement to be licensed under that Act).\nDivision 6.2 Operating certificates—unlicensed\nregulated utilities\n","sortOrder":56},{"sectionNumber":"43","sectionType":"section","heading":"Operating certificate—application","content":"43 Operating certificate—application\n(1) An unlicensed regulated utility must apply to the technical regulator\nfor an operating certificate.\n(2) An application must include information about the utility’s—\n(a) capacity to ensure the safe, reliable and efficient delivery of\nregulated utility services; and\n(b) promotion of the long-term serviceability of regulated utility\nnetworks and regulated utility services; and\n(c) promotion of design integrity and functionality of regulated\nutility networks; and\n(d) capacity to ensure the safe and reliable operation and\nmaintenance of regulated utility networks and regulated utility\nservices to protect the following:\n(i) the public;\n(ii) people working on regulated utility networks and regulated\n\n(iii) property near regulated utility networks and regulated\n(iv) the environment.\n","sortOrder":57},{"sectionNumber":"44","sectionType":"section","heading":"Operating certificate—further information","content":"44 Operating certificate—further information\n(1) The technical regulator may, by written notice, require the applicant\nto give the technical regulator further stated information about the\napplication including plans detailing the regulated utility service or\nthe proposed regulated utility service.\n(2) The technical regulator is not required to decide an application until\nthe applicant complies with a requirement under subsection (1).\n","sortOrder":58},{"sectionNumber":"45","sectionType":"section","heading":"Operating certificate—information on likely compliance","content":"45 Operating certificate—information on likely compliance\ncosts\nBefore granting an operating certificate, the technical regulator may,\nby written notice, give the applicant information about the following:\n(a) the auditing and compliance schedules that will apply in relation\nto the regulated utility service being provided or proposed;\n(b) the technical codes that will apply, or may need to be developed,\nin relation to the regulated utility service being provided or\nproposed;\n(c) the fees that are likely to apply in relation to auditing,\ncompliance and technical codes.\n","sortOrder":59},{"sectionNumber":"46","sectionType":"section","heading":"Operating certificate—grant","content":"46 Operating certificate—grant\n(1) The technical regulator must grant an operating certificate if satisfied\non reasonable grounds that—\n(a) for an unlicensed regulated utility providing a regulated utility\nservice—the regulated utility service is being provided in\naccordance with the following criteria:\n(i) provision in accordance with this Act;\n\nOperating certificates—unlicensed regulated utilities Division 6.2\n(ii) delivery in a safe, reliable and efficient manner;\n(iii) sufficient consideration of long-term serviceability;\n(iv) sufficient consideration of design integrity and\nfunctionality;\n(v) safe and reliable operation and maintenance in a manner\nthat protects the following:\n(A) the public;\n(B) people working on the regulated utility service;\n(C) property near the regulated utility service;\n(D) the environment; or\n(b) for an unlicensed regulated utility that is proposing to provide a\nregulated utility service—\n(i) the proposed service will be a regulated utility service; and\n(ii) the proposed service can be constructed in such a way that\nit will operate, in accordance with the criteria in\nsubsection (1) (a).\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation or technical code (see Legislation Act, s 104).\n(2) If the technical regulator is satisfied on reasonable grounds that an\nunlicensed regulated utility is providing, or proposing to provide, a\nregulated utility service that is not covered by a technical code, the\ntechnical regulator may—\n(a) before a technical code is approved—grant an operating\ncertificate on the condition that the unlicensed regulated utility\nwill comply with a technical code after the code is approved; or\n(b) refuse to grant an operating certificate until after a technical\ncode is approved.\n\n(3) If the approval of a technical code is required as a result of\nsubsection (2)—\n(a) the technical code is a technical code under part 3 of this Act;\nand\n(b) an unlicensed regulated utility that is proposing to provide a\nregulated utility service is to be taken to be a regulated utility for\nsection 12 (Draft technical codes—proposed by regulated\nutility) and section 13 (Draft technical codes—consultation).\n(4) To remove any doubt, the grant of an operating certificate under this\nsection does not authorise the sale of anything produced by the\nunlicensed regulated utility without an approval, licence or other\nthing required for the sale under other legislation.\nNote See s 7 (Other laws not affected).\n","sortOrder":60},{"sectionNumber":"47","sectionType":"section","heading":"Operating certificate—term","content":"47 Operating certificate—term\nAn operating certificate granted under section 46 is in force for the\nterm stated in the certificate.\n","sortOrder":61},{"sectionNumber":"48","sectionType":"section","heading":"Operating certificate—general condition","content":"48 Operating certificate—general condition\n(1) The technical regulator may give an unlicensed regulated utility\nwritten notice of the following:\n(a) the auditing and compliance schedules that apply to the\nregulated utility service being provided under the operating\ncertificate;\n(b) the technical codes that apply to the regulated utility service\nbeing provided under the operating certificate;\n(c) that the development of a technical code is required for the\nregulated utility service being provided or proposed by the\nunlicensed regulated utility;\n\nOperating certificates—unlicensed regulated utilities Division 6.2\n(d) the fees that apply in relation to auditing, compliance and\ntechnical codes.\n(2) It is a condition of an operating certificate that the unlicensed\nregulated utility operating under the certificate must comply with a\nrequirement notified under subsection (1).\n","sortOrder":62},{"sectionNumber":"49","sectionType":"section","heading":"Operating certificate—revocation","content":"49 Operating certificate—revocation\n(1) The technical regulator may revoke an operating certificate if the\ntechnical regulator is satisfied on reasonable grounds that—\n(a) a condition of the operating certificate is not being complied\nwith; or\n(b) the unlicensed regulated utility is providing a regulated utility\nservice in contravention of this Act.\n(2) Before revoking an operating certificate, the technical regulator\nmust—\n(a) give the unlicensed regulated utility a written notice stating—\n(i) that the technical regulator proposes to revoke the\noperating certificate under this section; and\n(ii) the reasons for the proposed revocation; and\n(iii) that the unlicensed regulated utility may, not later than\n20 days after the day the written notice is given, give the\ntechnical regulator a written submission about the\nproposed revocation; and\n(b) consider any submission given under paragraph (a) (iii).\n\n","sortOrder":63},{"sectionNumber":"50","sectionType":"section","heading":"Offence—providing regulated utility service without","content":"50 Offence—providing regulated utility service without\noperating certificate\nAn unlicensed regulated utility commits an offence if—\n(a) the unlicensed regulated utility provides a regulated utility\nservice; and\n(b) an operating certificate is not in force in relation to the\nunlicensed regulated utility.\n","sortOrder":64},{"sectionNumber":"51","sectionType":"section","heading":"Offence—constructing regulated utility service without","content":"51 Offence—constructing regulated utility service without\noperating certificate\nAn unlicensed regulated utility commits an offence if—\n(a) the unlicensed regulated utility constructs infrastructure for the\nprovision of a regulated utility service; and\n(b) an operating certificate is not in force in relation to the\nunlicensed regulated utility.\n\nGeneral Division 7.1\n","sortOrder":65},{"sectionNumber":"Part 7","sectionType":"part","heading":"Network boundaries and isolated","content":"Part 7 Network boundaries and isolated\n","sortOrder":66},{"sectionNumber":"52","sectionType":"section","heading":"Definitions—pt 7","content":"52 Definitions—pt 7\nalternative network boundary means a boundary that—\n(a) is allowed for under a technical code; and\n(b) is made by agreement between a regulated utility and another\nperson; and\n(c) if made, applies instead of the network boundary under\nsection 53 (1).\ninfrastructure means the following:\n(a) in relation to an electricity network—\n(i) powerlines and cables; and\n(ii) substations and equipment for monitoring, distributing,\nconverting, transforming or controlling electricity; and\n(iii) a structure supporting overhead powerlines and cables; and\n(iv) wires, ducts or pipes for wires or equipment; and\n(v) communication equipment for the management of the\nnetwork; and\n(vi) any other thing ancillary to any other part of the\n(b) in relation to a gas network—\n(i) pipelines; and\n(ii) meters; and\n\n(iii) any equipment (including pressure control devices, excess\nflow valves, control valves, actuators, electrical\nequipment, telemetry equipment, cathodic protection\ninstallations, compounds, pits, buildings, signs and\nfences); and\n(c) in relation to a water network—\n(i) water storages, mains and treatment plants; and\n(ii) pumps, facilities and equipment for distributing water, or\nmonitoring or controlling the distribution of water; and\n(iii) pipes or equipment; and\n(d) in relation to a sewerage network—\n(i) sewage storages, trunk sewers, mains and treatment plants;\nand\n(ii) pumps, facilities and equipment for conveying sewage, or\nmonitoring or controlling the conveyance of sewage; and\n(iii) pipes or equipment; and\ninfrastructure.\nisolated infrastructure means infrastructure that—\n(a) is connected to a network, but because of an alternative network\nboundary, is excluded from the network; and\n(b) has a connection point to premises; and\n(c) supplies electricity, gas, water or sewerage to the connection\npoint of the premises.\n\nNetwork boundaries Division 7.2\n","sortOrder":67},{"sectionNumber":"Div 7","sectionType":"division","heading":"2 Network boundaries","content":"Division 7.2 Network boundaries\n","sortOrder":68},{"sectionNumber":"53","sectionType":"section","heading":"Network boundary","content":"53 Network boundary\n(1) The boundary of a network must be worked out in accordance with a\ntechnical code.\n(2) A technical code may deal with the boundary of a network by\nreference to a connection point between the network and—\n(a) customers’ premises; or\n(b) buildings or structures on customers’ premises; or\n(c) any other network.\n(3) If a technical code allows for an alternative network boundary to be\nagreed between a regulated utility and another person, the agreement\nmay only be made if—\n(a) the location and properties of any isolated infrastructure that is\ncreated by the alternative boundary is clearly identified; and\n(b) the technical regulator agrees in writing to the alternative\nboundary.\nDivision 7.3 Isolated infrastructure—maintenance\nrequirements\n","sortOrder":69},{"sectionNumber":"54","sectionType":"section","heading":"Technical inspector’s warning notice—isolated","content":"54 Technical inspector’s warning notice—isolated\n(1) A technical inspector may inspect isolated infrastructure.\nNote For powers of technical inspectors, see div 9.4.\n\n(2) If, on inspection, a technical inspector is satisfied on reasonable\ngrounds that isolated infrastructure is not being maintained in a way\nthat is likely to prevent or resolve faults, the technical inspector must\ngive the owner of the isolated infrastructure a written notice (a show\ncause notice) stating—\n(a) that the technical inspector proposes to issue a notice (a\ntechnical inspector’s warning notice); and\n(b) the details of the proposed technical inspector’s warning notice;\nand\n(c) that the owner of the isolated infrastructure may, not later than\n20 days after the day the owner is given the show cause notice,\ngive the technical inspector a written submission about the\nproposed technical inspector’s warning notice.\n(3) The technical inspector must give a copy of the show cause notice to\nthe relevant regulated utility.\n(4) After considering any submission given under subsection (2) (c), the\ntechnical inspector may, if satisfied on reasonable grounds that the\nisolated infrastructure is not being maintained in a way that is likely\nto prevent or resolve faults, give the owner of the isolated\ninfrastructure a technical inspector’s warning notice stating—\n(a) the reasons for the warning notice; and\n(b) the action required to properly maintain the infrastructure; and\n(c) the time period within which the action is required; and\n(d) if the warning notice is not complied with in the time mentioned\nin paragraph (c), that—\n(i) a technical regulator’s direction under section 55 may be\ngiven without further notice; and\n\nIsolated infrastructure—maintenance requirements Division 7.3\n(ii) the technical regulator’s compliance report must include\ndetails of the non-compliance.\n(5) In this section:\nrelevant regulated utility means the regulated utility that owns the\nregulated utility network that is connected to the isolated\ninfrastructure that is the subject of the technical regulator’s direction.\n","sortOrder":70},{"sectionNumber":"55","sectionType":"section","heading":"Technical regulator’s directions—isolated infrastructure","content":"55 Technical regulator’s directions—isolated infrastructure\n(a) the owner of isolated infrastructure is not maintaining the\ninfrastructure in a way that is likely to prevent or resolve faults;\nand\n(b) there is a risk of significant adverse effects on the community,\nthe environment or a network if the isolated infrastructure fails.\n(2) The technical regulator may give the owner of the isolated\ninfrastructure a written notice (a show cause notice) stating—\n(a) that the technical regulator proposes to issue a direction (a\ntechnical regulator’s direction); and\n(b) the details of the proposed technical regulator’s direction; and\n(c) that the owner of isolated infrastructure may, not later than\n20 days after the day the owner is given the show cause notice,\ngive the technical regulator a written submission about the\nproposed technical regulator’s direction.\n\ntechnical regulator may direct the owner of the isolated infrastructure\nto take the action stated in the technical regulator’s direction\nincluding 1 or more of the following:\n(a) to ensure the isolated infrastructure is maintained in a way that\nis likely to prevent or resolve faults;\n(b) to reduce the risk of significant adverse effects on the\ncommunity, the environment or a network if the isolated\ninfrastructure fails;\n(c) to begin negotiations with the relevant regulated utility about the\nlocation of the alternative network boundary and the need to\nensure that the isolated infrastructure becomes part of a network.\n(4) If the technical regulator gives a direction to begin negotiations under\nsubsection (3) (c), the technical regulator must also give the relevant\nregulated utility written notice about the issues that have arisen in\nrelation to the isolated infrastructure.\n(5) The technical regulator may give a technical regulator’s direction to\nthe owner of isolated infrastructure only if—\n(a) a technical inspector has given a technical inspector’s warning\nnotice and the warning notice has not been complied with; or\n(b) the technical regulator has given the owner of the isolated\ninfrastructure a show cause notice under this section.\n(6) As soon as practicable after a technical regulator’s direction is given,\nthe technical regulator must prepare a statement about the direction\nand the reasons for it.\n(7) The technical regulator’s direction and statement of reasons are\nnotifiable instruments.\n\nIsolated infrastructure—maintenance requirements Division 7.3\n(8) In this section:\nrelevant regulated utility means the regulated utility that owns the\nregulated utility network that is connected to the isolated\ninfrastructure that is the subject of the technical regulator’s direction.\n","sortOrder":71},{"sectionNumber":"56","sectionType":"section","heading":"Offence—owner of isolated infrastructure failing to","content":"56 Offence—owner of isolated infrastructure failing to\ncomply with technical regulator’s direction\nAn owner of isolated infrastructure commits an offence if the\nowner—\n(a) is given a technical regulator’s direction; and\ndirection.\n\n","sortOrder":72},{"sectionNumber":"57","sectionType":"section","heading":"Definitions—pt 8","content":"57 Definitions—pt 8\ndam—\n(a) means an artificial barrier, and incidental or related works,\nconstructed for the storage or control of water, other liquids, or\nother material within a liquid; but\n(b) does not include a concrete and steel ring tank that is reliant on\nhoop stress for structural stability.\ndams register—see section 58.\nfurther information—see section 62 (Technical regulator may\nrequire further information).\nGoogong dam means the dam in the Googong Dam Area.\nGoogong Dam Area—see the Canberra Water Supply\n(Googong Dam) Act 1974 (Cwlth), section 3.\nlisted dam means a dam or proposed dam that is listed under\nsection 69 (Listing of certain dams).\nowner, in relation to a dam or proposed dam, means a person who\nowns, leases, subleases or proposes to develop the dam.\nproposed dam—a dam is a proposed dam if a person obtains\ndevelopment approval for the dam under the Planning Act 2023.\nregistrable dam means—\n(a) a dam, or proposed dam, in the Territory that—\n(i) is more than 5m high; or\n\n(ii) has a water storage capacity of more than 250ML; and\n(b) Googong dam.\nNote Under the Canberra Water Supply (Googong Dam) Act 1974 (Cwlth), s 4\nthe Australian Capital Territory Executive has functions in relation to the\noperation and maintenance of a dam in the Googong Dam Area.\nrequired information—see section 59.\ntechnical code for listed dam means a technical code approved under\nsection 73.\n","sortOrder":73},{"sectionNumber":"58","sectionType":"section","heading":"Dams register","content":"58 Dams register\n(1) The technical regulator must keep a register of dams (the dams\nregister).\n(2) The dams register—\n(a) must include the required information about registrable dams\nand owners of registrable dams; and\n(b) may also include anything else the technical regulator considers\nrelevant.\n(3) The dams register may be—\n(a) kept in any form, including electronic form, that the technical\nregulator decides; and\n(b) made publically available on the technical regulator’s website\neither—\n(i) in full; or\n(ii) if the technical regulator believes on reasonable grounds\nthat the information would be inappropriate to disclose—\nin part.\n\n","sortOrder":74},{"sectionNumber":"59","sectionType":"section","heading":"Required information for dams register","content":"59 Required information for dams register\n(1) The technical regulator must determine the information required for\nthe dams register (the required information).\n(2) The required information determined—\n(a) must include the name and address of each owner of a registrable\ndam; and\n(b) must include the location, size and capacity of a registrable dam;\nand\n(c) may include any other information that the technical regulator\nconsiders relevant.\n(3) A determination is a notifiable instrument.\n","sortOrder":75},{"sectionNumber":"60","sectionType":"section","heading":"Notice to give required information","content":"60 Notice to give required information\n(1) The technical regulator may, by written notice, require the owner of\na dam to give the required information.\n(2) The notice must state the time period, of not less than 30 days after\nthe day the notice is given, within which the owner must give the\nrequired information to the technical regulator.\n","sortOrder":76},{"sectionNumber":"61","sectionType":"section","heading":"Offence—fail to give required information","content":"61 Offence—fail to give required information\nThe owner of a registrable dam commits an offence if the owner—\n(a) receives written notice under section 60; and\n(b) fails to give the technical regulator the required information\nwithin the time stated in the notice.\n\n","sortOrder":77},{"sectionNumber":"62","sectionType":"section","heading":"Technical regulator may require further information","content":"62 Technical regulator may require further information\n(1) The technical regulator may, by written notice, require the owner of\na registrable dam to give any further information about the registrable\ndam (the further information) that the technical regulator reasonably\nrequires.\n(2) The notice must state the period within which the further information\nmust be given to the technical regulator.\n","sortOrder":78},{"sectionNumber":"63","sectionType":"section","heading":"Offence—fail to give further information","content":"63 Offence—fail to give further information\nThe owner of a registrable dam commits an offence if the owner—\n(a) receives written notice under section 62; and\n(b) fails to give the technical regulator the further information\nwithin the time stated in the notice.\n","sortOrder":79},{"sectionNumber":"64","sectionType":"section","heading":"Requirement to report change in ownership","content":"64 Requirement to report change in ownership\n(1) This section applies if there is a change in the ownership of a\nregistrable dam.\n(2) The owner of the registrable dam must tell the technical regulator\nabout the change in ownership as soon as practicable, but not later\nthan 14 days after the day the change of ownership occurs.\n(3) If the owner of a registrable dam tells the technical regulator about a\nchange under subsection (2) the change must be entered in the dams\nregister.\n\n","sortOrder":80},{"sectionNumber":"65","sectionType":"section","heading":"Offence—fail to report change in ownership","content":"65 Offence—fail to report change in ownership\nThe owner of a registrable dam commits an offence if—\n(a) there is a change in the ownership of a registrable dam; and\n(b) the owner fails to tell the technical regulator about the change in\nownership within 14 days after the day the change of ownership\noccurs.\n","sortOrder":81},{"sectionNumber":"66","sectionType":"section","heading":"Requirement to update required information and further","content":"66 Requirement to update required information and further\ninformation\n(1) This section applies if there is a change to—\n(a) the required information given under section 60 (Notice to give\nrequired information); or\n(b) the further information given under section 62 (Technical\nregulator may require further information).\n(2) The owner of the registrable dam must tell the technical regulator\nabout the change as soon as practicable, but not later than 30 days\nafter the day the change occurs.\n(3) If the owner of a registrable dam tells the technical regulator about a\nchange under subsection (2), the change must be entered in the dams\nregister.\n\n","sortOrder":82},{"sectionNumber":"67","sectionType":"section","heading":"Offence—fail to update required information or further","content":"67 Offence—fail to update required information or further\ninformation\nThe owner of a registrable dam commits an offence if—\n(a) the required information given under section 60 (Notice to give\nrequired information) or further information given under section\n62 (Technical regulator may require further information) has\nchanged; and\n(b) the owner fails to tell the technical regulator about the change\nwithin 30 days after the day the change occurs.\n","sortOrder":83},{"sectionNumber":"68","sectionType":"section","heading":"Owner of registrable dam may correct dams register","content":"68 Owner of registrable dam may correct dams register\n(1) The technical regulator must, if asked in writing by the owner of a\nregistrable dam, give the owner a copy of the information held in the\ndams register in relation to the owner and the owner’s registrable\ndam.\n(2) The technical regulator must comply with subsection (1) as soon as\npracticable, but not later than 14 days after the day the technical\nregulator is asked.\n(3) The owner of a registrable dam may ask the technical regulator to\namend any incorrect information held in the dams register in relation\nto the owner or the owner’s registrable dam.\n(4) The technical regulator must—\n(a) if satisfied that the information is incorrect—correct the\ninformation; or\n(b) notify the owner of the registrable dam of the reason for not\nchanging the dams register.\n\n","sortOrder":84},{"sectionNumber":"69","sectionType":"section","heading":"Listing of certain dams","content":"69 Listing of certain dams\n(1) The technical regulator must—\n(a) consider the information and further information provided in\nrelation to registrable dams under division 8.2 (Register of\ndams); and\n(b) consider the risk of significant adverse effects on the community\nif a registrable dam fails; and\n(c) determine a list of the dams that present a risk of significant\nadverse effects on the community in the event of the failure of\nthe dam.\n","sortOrder":85},{"sectionNumber":"70","sectionType":"section","heading":"Notification of listing of certain dams","content":"70 Notification of listing of certain dams\nThe technical regulator must—\n(a) notify the owner of each listed dam that the dam is a listed dam;\nand\n(b) ensure that the list of dams determined under section 69 is\npublically available on the technical regulator’s website.\n\nTechnical codes for listed dams Division 8.4\n","sortOrder":86},{"sectionNumber":"71","sectionType":"section","heading":"Draft technical codes for listed dam—proposed by owner","content":"71 Draft technical codes for listed dam—proposed by owner\nof listed dam\n(1) The owner of a listed dam may propose a draft technical code for\nlisted dams by—\n(a) giving the technical regulator the draft technical code; and\n(b) asking the technical regulator to consider the draft technical\n(2) If the technical regulator receives a draft technical code under\nsubsection (1), the technical regulator, after considering the draft\ntechnical code, may prepare the draft technical code (with or without\namendment) for consultation under section 72.\n(3) Nothing in this section requires the technical regulator to prepare a\ndraft technical code for consultation.\n","sortOrder":87},{"sectionNumber":"72","sectionType":"section","heading":"Technical codes for listed dams—consultation","content":"72 Technical codes for listed dams—consultation\n(1) The technical regulator must prepare a draft technical code for listed\ndams.\n(2) The draft technical code for listed dams must include requirements in\nrelation to the following:\n(a) guidelines for listed dams;\n(b) safety management systems applying to listed dams;\n(c) the design, construction, commissioning and de-commissioning\nof listed dams;\n(d) the operation and maintenance of listed dams;\n(e) the surveillance of listed dams;\n(f) safety reviews of listed dams;\n\n(g) safety improvements of listed dams;\n(h) dams safety emergency plans for listed dams;\n(i) safety training for people whose work involves listed dams;\n(j) providing information and reports to the technical regulator\nabout listed dams;\n(k) maintaining records about listed dams.\n(3) The technical regulator must give a copy of the draft technical code\nfor listed dams to—\n(a) the ICRC; and\n(b) each owner of a listed dam that is likely to be regulated under\nthe draft code.\n(4) A person who is given a copy of the draft technical code under\nsubsection (3) may make a submission to the technical regulator\nabout the draft code within a stated period of not less than 20 days.\n(5) The technical regulator—\n(a) must consider a submission made under this section; and\n(b) may make a recommendation to the Minister about approval of\nthe draft technical code for listed dams.\n","sortOrder":88},{"sectionNumber":"73","sectionType":"section","heading":"Technical codes for listed dams—approval","content":"73 Technical codes for listed dams—approval\n(1) The Minister may approve a technical code for listed dams as\nrecommended by the technical regulator if the Minister is satisfied on\n(a) section 72 has been complied with; and\n(b) the code is—\n(i) consistent with the objects of this Act; and\n(ii) not inconsistent with another technical code.\n\nTechnical codes for listed dams Division 8.4\n(2) An approved technical code may apply, adopt or incorporate a law or\ninstrument, or a provision of a law or instrument, as in force from\ntime to time.\n(3) The Legislation Act, section 47 (6) does not apply in relation to an\nAS or AS/NZS applied, adopted or incorporated under subsection (2).\nNote An AS or AS/NZS does not need to be notified under the Legislation Act\nbecause s 47 (6) does not apply (see Legislation Act, s 47 (7)). An AS or\nAS/NZS may be purchased at www.standards.org.au.\n(4) An approval is a disallowable instrument.\n","sortOrder":89},{"sectionNumber":"74","sectionType":"section","heading":"Technical codes for listed dams—public access","content":"74 Technical codes for listed dams—public access\n(1) The technical regulator must make a copy of a technical code\navailable for public inspection during ordinary office hours.\n(2) The technical regulator must also make a copy of an instrument (other\nthan an AS or AS/NZS) applied, adopted or incorporated in a\ntechnical code available for public inspection during ordinary office\nhours.\n(3) A person may inspect, or make a copy of, all or part of a technical\n(4) If a person requests that a copy be made available in electronic form,\nthe technical regulator may provide a copy—\n(a) on a data storage device; or\n(b) by electronic transmission.\n\nDivision 8.5 Enforcement of technical codes for listed dam\nDivision 8.5 Enforcement of technical codes for\nlisted dam\n75 Offence—fail to comply with technical code for listed dam\nThe owner of a listed dam commits an offence if—\n(a) a technical code for listed dams applies to the owner; and\n(b) the owner fails to comply with the dams technical code; and\n(c) the owner is negligent about whether the owner complies with\nthe dams technical code.\n\nGeneral Division 9.1\n","sortOrder":90},{"sectionNumber":"Div 9","sectionType":"division","heading":"1 General","content":"Division 9.1 General\n","sortOrder":91},{"sectionNumber":"76","sectionType":"section","heading":"Definitions—pt 9","content":"76 Definitions—pt 9\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\npremises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be committed.\nwarrant means a warrant issued under division 9.4 (Powers of\ntechnical inspectors).\n","sortOrder":92},{"sectionNumber":"77","sectionType":"section","heading":"Technical regulator","content":"77 Technical regulator\n(1) There is to be a technical regulator (the technical regulator).\n(2) The director-general is the technical regulator.\n","sortOrder":93},{"sectionNumber":"77A","sectionType":"section","heading":"Delegation by technical regulator","content":"77A Delegation by technical regulator\nThe technical regulator may delegate the technical regulator’s\nfunctions to a public servant.\n\n","sortOrder":94},{"sectionNumber":"78","sectionType":"section","heading":"Technical regulator’s functions","content":"78 Technical regulator’s functions\nThe technical regulator has the following functions:\n(a) to prepare and consult on draft technical codes (including\ntechnical codes for listed dams);\n(b) to monitor and enforce compliance with technical codes by\nregulated utility services;\n(c) to audit the performance and compliance of regulated utility\nservices;\n(d) to audit the performance and compliance of owners of isolated\n(e) to monitor and enforce compliance with the technical codes for\nlisted dams;\n(f) to audit the performance and compliance of owners of listed\ndams;\n(g) to prepare and publish a compliance report under section 80;\n(h) to provide advice to the Minister and ICRC about the operation\nof this Act;\n(i) any other function given to the technical regulator under this Act\nor another Territory law.\n","sortOrder":95},{"sectionNumber":"79","sectionType":"section","heading":"Technical regulator may recommend conditions on","content":"79 Technical regulator may recommend conditions on\nlicence\n(1) The technical regulator may recommend that the ICRC vary the\nlicence of a utility service licensed under the Utilities Act 2000 to\ninclude a condition (a recommended condition) if satisfied on\n(a) the utility service has contravened this Act; or\n\nTechnical regulator Division 9.2\n(b) the recommended condition is necessary to protect public safety\nor the environment.\n(2) A recommended condition may include, but is not limited to—\n(a) the giving of a bond; or\n(b) making good or rectifying damage to land or property.\nExample\na condition to comply with a plan to rectify damage to premises caused by the\ncontravention of a technical code\n(3) Before recommending a condition, the technical regulator must give\nthe utility a written notice (a show cause notice) stating—\n(a) that the technical regulator proposes to recommend a condition\nunder this section; and\n(b) the details of the proposed recommended condition; and\n(c) that the utility may, not later than 20 days after the day the\nregulated utility is given the show cause notice, give the\nrecommended condition.\n(4) After considering any submission given under subsection (3) (c) the\ntechnical regulator may give the ICRC written notice recommending\nthat the ICRC vary the utility’s licence under the Utilities Act 2000,\nsection 38 to include—\n(a) the recommended condition; or\n(b) a condition that is not more burdensome than the recommended\ncondition.\n\n(5) Notice under subsection (4) must include a copy of—\n(a) the show cause notice given under subsection (3); and\n(b) any written submission given by the utility under subsection (3);\nand\n(c) any other material that the technical regulator is satisfied on\nreasonable grounds is relevant to the recommendation.\n(6) The technical regulator’s compliance report must include details\nabout any recommendation under subsection (4) in a financial year\nand the reasons for the recommendation.\n","sortOrder":96},{"sectionNumber":"80","sectionType":"section","heading":"Technical regulator’s compliance report","content":"80 Technical regulator’s compliance report\n(1) The technical regulator must prepare and publish a compliance report\neach year.\n(2) The report must include—\n(a) information about the operation of this Act; and\n(b) details about the compliance of regulated utilities, owners of\nisolated infrastructure and owners of listed dams with the\nprovisions of this Act; and\n(c) details required under section 17 (2) (Technical regulator’s\nwarning notice); and\n(d) details required under section 54 (Technical inspector’s warning\nnotice—isolated infrastructure); and\n(e) details required under section 79 (6) (Technical regulator may\nrecommend conditions on licence).\n\nTechnical inspectors Division 9.3\n","sortOrder":97},{"sectionNumber":"81","sectionType":"section","heading":"Technical inspectors—appointment","content":"81 Technical inspectors—appointment\n(1) The technical regulator may appoint a person as a technical inspector\nfor this Act.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n(2) A technical inspector must exercise the inspector’s functions under\nthis Act in accordance with the conditions of appointment and any\ndirection given to the inspector by the technical regulator.\n(3) A person must not be appointed under subsection (1) unless—\n(a) the person is an Australian citizen or a permanent resident of\nAustralia; and\n(b) the technical regulator has certified in writing that, after\nappropriate inquiry, the technical regulator is satisfied that the\nperson is a suitable person to be appointed, having regard in\nparticular to—\n(i) whether the person has any criminal convictions; and\n(ii) the person’s employment record; and\n(c) the technical regulator has certified in writing that the technical\nregulator is satisfied that the person—\n(i) has satisfactorily completed adequate training; and\n(ii) is competent to exercise the functions of an inspector\nproposed to be given to the person.\n\n","sortOrder":98},{"sectionNumber":"82","sectionType":"section","heading":"Identity cards","content":"82 Identity cards\n(1) This section applies in relation to a technical inspector appointed\nunder section 81.\n(2) The technical regulator must give a technical inspector an identity\ncard stating the person’s name and that the person is a technical\ninspector.\n(3) The identity card must show—\n(a) a recent photograph of the technical inspector; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(4) A person commits an offence if the person—\n(a) stops being a technical inspector; and\n(b) does not return the person’s identity card to the technical\nregulator as soon as practicable (but not later than 7 days) after\nthe day the person stops being a technical inspector.\n(5) An offence against this section is a strict liability offence.\n(6) Subsection (4) does not apply to a person if the person’s identity card\nhas been—\n(a) lost or stolen; or\n(b) destroyed by someone else.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (6) (see Criminal Code, s 58).\n\n","sortOrder":99},{"sectionNumber":"83","sectionType":"section","heading":"Power not to be exercised before identity card shown","content":"83 Power not to be exercised before identity card shown\n(1) This section applies in relation to a technical inspector appointed\nunder section 81.\n(2) The technical inspector may exercise a power under this Act in\nrelation to a person only if the technical inspector first shows the\nperson the technical inspector’s identity card.\n","sortOrder":100},{"sectionNumber":"84","sectionType":"section","heading":"Power to enter premises","content":"84 Power to enter premises\n(1) A technical inspector may, for this Act—\n(a) enter any premises at any time with the consent of the occupier;\nor\n(b) enter premises occupied by a utility at any time the premises are\nbeing used; or\n(c) at any reasonable time, enter premises to which a utility service\nis provided (other than a part of the premises used only for\nresidential or private business purposes); or\n(d) enter premises in accordance with a warrant under section 88\n(Warrants) or section 89 (Warrants—application made other\nthan in person).\n(2) A technical inspector may, without the occupier’s consent or a\nwarrant, enter the land and any common property to ask the occupier\nfor consent to enter the premises.\n(3) In this section:\ncommon property includes common property under the Community\nTitle Act 2001 and the Unit Titles Act 2001.\n\npart of the premises used only for residential or private business\npurposes—\n(a) includes—\n(i) the inside of a residential building; and\n(ii) the inside of a building used to conduct a private business;\nbut\n(b) does not include the front yard, back yard or side yards of\npremises on which a residential building or a building used to\nconduct a private business are located.\n","sortOrder":101},{"sectionNumber":"85","sectionType":"section","heading":"Production of identity card","content":"85 Production of identity card\nA technical inspector may not remain on premises entered under this\ndivision if, on request by the occupier, the inspector does not produce\nthe inspector’s identity card.\n","sortOrder":102},{"sectionNumber":"86","sectionType":"section","heading":"Consent to entry","content":"86 Consent to entry\n(1) When seeking the consent of an occupier for entering premises under\nthis division, a technical inspector must—\n(a) produce the inspector’s identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized may be used in evidence in\ncourt; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the inspector must ask the occupier to sign a\nwritten acknowledgment—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n\n(ii) that anything found and seized under this division may be\nused in evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) the time, and day, when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the technical\ninspector must immediately give a copy to the occupier.\n(4) Unless the contrary is proven, a court must presume that an occupier\nof premises did not consent to an entry to the premises by a technical\ninspector under this division if—\n(a) the question whether the occupier consented to the entry arises\nin proceedings in the court; and\n(b) an acknowledgment under this section, or an acknowledgment\nof advance consent under section 87, is not produced in evidence\nfor the entry or exercise of power; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":103},{"sectionNumber":"87","sectionType":"section","heading":"Advance consent to entry","content":"87 Advance consent to entry\n(1) A technical inspector may seek the advance consent of an occupier\nfor entering premises.\n(2) When seeking the advance consent of an occupier for entering\npremises, a technical inspector must contact the occupier in writing—\n(a) giving a copy of the inspector’s identity card; and\n(b) stating—\n(i) the proposed time and day when the entry would be made;\nand\n(ii) the purpose of the entry; and\n\n(iii) that anything found and seized may be used in evidence in\ncourt; and\n(iv) that consent may be refused; and\n(c) asking the occupier to—\n(i) sign the acknowledgment of advance consent if the\noccupier consents to the entry; and\n(ii) return the acknowledgment of advance consent to the\ntechnical inspector.\n(3) If the occupier signs and returns the acknowledgment of advance\nconsent, the technical inspector must—\n(a) enter the premises at the proposed time and day mentioned in\nsubsection (2); and\n(b) when entering the premises—\n(i) produce the inspector’s identity card; and\n(ii) produce the acknowledgment of advance consent; and\n(iii) give the occupier of the premises a copy of the\nacknowledgment of advance consent.\n(4) In this section:\nacknowledgment of advance consent means a written statement\nsigned by the occupier of premises stating the following:\n(a) that the occupier was told—\n(i) the proposed time and day when the entry would be made;\nand\n(ii) the purpose of the entry; and\n(iii) that anything found and seized under this division may be\nused in evidence in court; and\n\n(iv) that consent may be refused;\n(b) that the occupier consents in advance to the entry at the proposed\ntime and day;\n(c) the time and day when the advance consent was given.\n","sortOrder":104},{"sectionNumber":"88","sectionType":"section","heading":"Warrants","content":"88 Warrants\n(1) A technical inspector may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\ninspector gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity (the evidence) that may\nprovide evidence of an offence against this Act or a related law;\nand\n(b) the evidence is, or may be within the next 14 days, at the\npremises.\n(5) The warrant must state—\n(a) that a technical inspector may, with necessary assistance and\nforce, enter the premises and exercise the inspector’s powers\nunder this division; and\n(b) the offence for which the warrant is sought; and\n(c) the evidence that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n\n(e) the date, within 14 days after the warrant’s issue, the warrant\nends.\n","sortOrder":105},{"sectionNumber":"89","sectionType":"section","heading":"Warrants—application made other than in person","content":"89 Warrants—application made other than in person\n(1) A technical inspector may apply for a warrant by phone, fax, email,\nradio or other form of communication if the inspector considers it\nnecessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the inspector must prepare an\napplication stating the grounds on which the warrant is sought.\n(3) The inspector may apply for the warrant before the application is\nsworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the inspector if it is reasonably practicable to do so.\n(5) If it is not reasonably practicable to provide a written copy to the\ninspector—\n(a) the magistrate must tell the inspector—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n(b) the inspector must complete a form of warrant (the warrant\nform) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the inspector, authorises the entry and the exercise of\nthe technical inspector’s other powers stated in the warrant issued by\nthe magistrate.\n(7) The inspector must, at the first reasonable opportunity, send the\nmagistrate—\n(a) the sworn application; and\n(b) if the inspector completed a warrant form—the completed\nwarrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by a technical inspector was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":106},{"sectionNumber":"90","sectionType":"section","heading":"General powers on entry to premises","content":"90 General powers on entry to premises\n(1) A technical inspector who enters premises under this division may,\nfor this Act—\n(a) inspect, measure, photograph or film the premises or anything\non the premises; or\n(b) copy a document on the premises; or\n(c) test or take samples of, or from anything on, the premises; or\n(d) take into the premises any people, equipment or material the\ninspector reasonably needs for exercising a power under this\ndivision; or\n\n(e) require the occupier, or a person on the premises to give the\ninspector reasonable help to exercise a power under this\ndivision.\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\n","sortOrder":107},{"sectionNumber":"91","sectionType":"section","heading":"Power to seize evidence","content":"91 Power to seize evidence\n(1) A technical inspector who enters premises with a warrant under this\ndivision may seize the evidence for which the warrant was issued.\n(2) A technical inspector who enters premises under this division with\nthe occupier’s consent may seize a thing on the premises if—\n(a) the inspector is satisfied on reasonable grounds that the thing is\nconnected with an offence against this Act or a related law; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(3) A technical inspector may seize anything on the premises if the\ninspector is satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act or a\nrelated law; and\n(b) the seizure is necessary to prevent the thing being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Also, a technical inspector who enters premises under this division\n(whether with the occupier’s consent, under a warrant or otherwise)\nmay seize anything at the premises if satisfied on reasonable grounds\nthat the thing poses a risk to—\n(a) the health or safety of people; or\n\n(b) public or private property; or\n(c) the environment.\n(5) The powers of a technical inspector under subsection (3) and\nsubsection (4) are additional to any powers of the technical inspector\nunder subsection (1) or subsection (2) or any other territory law.\n(6) Having seized a thing, a technical inspector may—\n(a) remove the thing from the premises where it was seized (the\nplace of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(7) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (6); and\n(b) the person does not have a technical inspector’s approval to\ninterfere with the thing.\n","sortOrder":108},{"sectionNumber":"92","sectionType":"section","heading":"Receipt for things seized","content":"92 Receipt for things seized\n(1) As soon as practicable after a technical inspector seizes a thing under\nthis division, the inspector must give a receipt for it to the person from\nwhom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe technical inspector must leave the receipt at the place of seizure\nin a reasonably secure way and in a conspicuous position.\n","sortOrder":109},{"sectionNumber":"93","sectionType":"section","heading":"Access to things seized","content":"93 Access to things seized\nA person who would, apart from the seizure, be entitled to a thing\nseized under this division may—\n(a) inspect it; and\n\n(b) if it is a document—take extracts from it or make copies of it.\n","sortOrder":110},{"sectionNumber":"94","sectionType":"section","heading":"Return of things seized","content":"94 Return of things seized\n(1) A thing seized under this division must be returned to its owner, or\nreasonable compensation must be paid to the owner by the technical\nregulator for the loss of the thing, if—\n(a) a prosecution for an offence relating to the thing is not instituted\nwithin 90 days of the seizure; or\n(b) the court does not find the offence proved in a prosecution for\nan offence relating to the thing.\n(2) A thing seized under this division is forfeited to the technical\nregulator if a court—\n(a) finds an offence relating to the thing to be proved; and\n(b) orders the forfeiture.\n(3) If subsection (2) (a) applies, but a court does not order forfeiture of\nthe thing seized, the technical regulator must return the thing to its\nowner or pay reasonable compensation to the owner in relation to the\nloss of the thing.\nDivision 9.5 Stop notice—utility infrastructure\nwork\n","sortOrder":111},{"sectionNumber":"95","sectionType":"section","heading":"Meaning of utility infrastructure work—div 9.5","content":"95 Meaning of utility infrastructure work—div 9.5\n(1) In this division:\nutility infrastructure work means work that involves the construction\nor alteration of any of the following:\n(a) an electricity distribution network;\n(b) an electricity transmission network;\n(c) a gas distribution network;\n\nStop notice—utility infrastructure work Division 9.5\n(d) a gas transmission network;\n(e) a water network;\n(f) a sewerage network;\n(g) an installation that has the capacity to generate at least the\nprescribed amount of electricity;\n(h) a discrete district network under section 9 (Meaning of\nregulated utility service);\n(i) infrastructure used by a regulated utility service prescribed\nunder section 10 (Prescribed regulated utility services).\nelectricity distribution network—see the Utilities Act 2000,\nsection 7.\nelectricity transmission network—see the Utilities Act 2000,\nsection 7.\ngas distribution network—see the Utilities Act 2000, section 10.\ngas transmission network—see the Utilities Act 2000, section 10.\n","sortOrder":112},{"sectionNumber":"96","sectionType":"section","heading":"Stop notice","content":"96 Stop notice\n(1) This section applies if a technical inspector is satisfied on reasonable\ngrounds that a regulated utility or a person undertaking utility\ninfrastructure work—\n(a) has contravened this Act; or\n(b) has not complied with a technical regulator’s direction under\nsection 18 or section 55; or\n(c) has not complied with a technical regulator’s urgent direction\nunder section 20; or\n\n(d) is undertaking the work without a licence under the Utilities\nAct 2000, in circumstances where a licence is required.\n(2) A technical inspector may, by written notice to a person (a stop\nnotice), require the person to stop carrying out the utility\ninfrastructure work.\n(3) A stop notice must state the following:\n(a) that it is a stop notice under this section;\n(b) the utility infrastructure work that must stop;\n(c) who is required to stop doing the work;\n(d) the grounds on which the notice is given;\n(e) the place or places where the notice applies.\n(4) A stop notice applies for a maximum period of 8 weeks—\n(a) beginning on the day the technical inspector gives the notice\nto—\n(i) the regulated utility; or\n(ii) the person doing the utility infrastructure work; and\n(b) ending on the day 8 weeks after the day the notice begins.\n\nStop notice—utility infrastructure work Division 9.5\n","sortOrder":113},{"sectionNumber":"97","sectionType":"section","heading":"Offence—fail to comply with stop notice","content":"97 Offence—fail to comply with stop notice\nA person commits an offence if—\n(a) a stop notice applies to the person; and\n(b) the person intentionally fails to take reasonable steps to comply\nwith the notice.\n","sortOrder":114},{"sectionNumber":"98","sectionType":"section","heading":"Cancellation of stop notice—application","content":"98 Cancellation of stop notice—application\n(1) A person who is required to stop doing utility infrastructure work by\na stop notice may apply in writing to the technical regulator for\ncancellation of the stop notice stating reasons why the notice should\nbe cancelled.\n(2) Before making a decision on the application, the technical regulator\nmust consider—\n(a) the application; and\n(b) the grounds on which the stop notice was given; and\n(c) the current state of the utility infrastructure work to which the\nnotice relates.\n(3) The technical regulator may cancel the stop notice if satisfied on\nreasonable grounds that the cancellation will not endanger—\n(a) the integrity of a regulated utility network or facility; or\n\n","sortOrder":115},{"sectionNumber":"99","sectionType":"section","heading":"Rectification work allowed under stop notice","content":"99 Rectification work allowed under stop notice\nA stop notice does not require a person to stop utility infrastructure\nwork if—\n(a) the only purpose of the work is to fix or reverse the utility\ninfrastructure work for which the notice was given; and\n(b) a technical inspector or the technical regulator gives written\napproval for the work.\n","sortOrder":116},{"sectionNumber":"100","sectionType":"section","heading":"Injunctions to restrain offences against Act or failure to","content":"100 Injunctions to restrain offences against Act or failure to\ncomply with directions\n(1) This section applies if a person—\n(a) has committed, is committing, or is likely to commit, an offence\nagainst this Act; or\n(b) has not complied with a technical regulator’s direction given\nunder section 18 or section 55; or\n(c) has not complied with a technical regulator’s urgent direction\ngiven under section 20.\nNote 1 A reference to an offence against a territory law includes a reference to a\nrelated ancillary offence, eg attempt (see Legislation Act, s 189).\nNote 2 A reference to an Act includes a reference to the statutory instruments\n(2) The technical regulator may apply to the Supreme Court for an\ninjunction.\n(3) On application under subsection (2), the Supreme Court may grant an\ninjunction restraining the person from contravening this Act\n(including by requiring the person to do something).\n\nInjunctions Division 9.6\n(4) The Supreme Court may grant the injunction—\n(a) whether or not it appears to the court that the person intends to\ncontravene this Act, contravene this Act again or continue to\ncontravene this Act; and\n(b) whether or not the person has previously contravened this Act;\nand\n(c) whether or not there is a likelihood of the health or safety of a\nperson being affected by, or property or the environment being\ndamaged by, a hazard if the person contravenes this Act; and\n(d) whether or not a proceeding for an offence against this Act has\nbegun or is about to begin.\n(5) The Supreme Court may grant an interim injunction restraining the\nperson from committing an offence against this Act (including\nrequiring the person to do something) before deciding an application\nfor an injunction under this section.\n","sortOrder":117},{"sectionNumber":"101","sectionType":"section","heading":"Enforcement of injunctions","content":"101 Enforcement of injunctions\nThe Magistrates Court has the same powers as the Supreme Court to\nenforce an injunction (including an interim injunction) made under\nthis division.\n","sortOrder":118},{"sectionNumber":"102","sectionType":"section","heading":"Amendment or discharge of injunctions","content":"102 Amendment or discharge of injunctions\nThe Supreme Court may amend or discharge an injunction (including\nan interim injunction) made under this part on the application of the\ntechnical regulator.\n\n","sortOrder":119},{"sectionNumber":"103","sectionType":"section","heading":"Interim injunctions—undertakings about damages","content":"103 Interim injunctions—undertakings about damages\n(1) If the technical regulator applies for an injunction under this part, the\nSupreme Court must not require the technical regulator to give an\nundertaking about costs or damages as a condition of granting an\ninterim injunction.\n(2) The Supreme Court must accept an undertaking from the technical\nregulator about costs or damages, and not require a further\nundertaking from anyone else, if—\n(a) the court would, apart from this subsection, require someone\nelse to give an undertaking about costs or damages; and\n(b) the technical regulator gives the undertaking.\n","sortOrder":120},{"sectionNumber":"104","sectionType":"section","heading":"Supreme Court—other powers not limited","content":"104 Supreme Court—other powers not limited\n(1) The powers given to the Supreme Court under this part are in addition\nto any other powers of the court.\n(2) In particular, an application to the Supreme Court for an injunction\nunder this part may be made without notice to the person against\nwhom the injunction is sought.\n\nNotification and review of decisions Part 10\n","sortOrder":121},{"sectionNumber":"Part 10","sectionType":"part","heading":"Notification and review of","content":"Part 10 Notification and review of\ndecisions\n","sortOrder":122},{"sectionNumber":"105","sectionType":"section","heading":"What is a reviewable decision?—pt 10","content":"105 What is a reviewable decision?—pt 10\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":123},{"sectionNumber":"106","sectionType":"section","heading":"Reviewable decision notices","content":"106 Reviewable decision notices\nIf the technical regulator makes a reviewable decision, the technical\nregulator must give a reviewable decision notice to each entity\nmentioned in schedule 1, column 4 in relation to the decision.\nNote The technical regulator must also take reasonable steps to give a\nreviewable decision notice to any other person whose interests are\naffected by the decision (see ACT Civil and Administrative Tribunal\nAct 2008, s 67A).\n","sortOrder":124},{"sectionNumber":"107","sectionType":"section","heading":"Applications for review","content":"107 Applications for review\nThe following may apply to the ACAT for a review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":125},{"sectionNumber":"108","sectionType":"section","heading":"Protection from civil liability","content":"108 Protection from civil liability\n(1) A person exercising a function under this Act does not incur civil\nliability for an act or omission done honestly and without negligence\nfor this Act.\n(2) Civil liability that would, apart from this section, attach to a person\nattaches instead to the Territory.\n","sortOrder":126},{"sectionNumber":"109","sectionType":"section","heading":"Evidentiary certificates","content":"109 Evidentiary certificates\n(1) The technical regulator may issue a certificate, signed by the technical\nregulator, stating that on a date or during a period stated that––\n(a) a stated technical code was in force under this Act; or\n(b) a stated technical code for listed dams was in force under this\nAct; or\n(c) a stated dam was a registrable dam and that a named person was\nincluded in the dams register as the owner of the dam; or\n(d) a stated dam was a listed dam and that a named person was\nincluded in the dams register as the owner of the dam; or\n(e) a named person did or did not have an operating certificate for a\nstated regulated utility service; or\n(f) a stated regulated utility service did or did not have an operating\ncertificate; or\n(g) a utility service licensed under the Utilities Act 2000 had a\ncondition imposed on its licence and stating the details of the\ncondition.\n\nMiscellaneous Part 11\n(2) A certificate under this section is evidence of the matters stated in it.\n(3) Unless the contrary is proved, a document that purports to be a\ncertificate under this section is taken to be a certificate.\n","sortOrder":127},{"sectionNumber":"110","sectionType":"section","heading":"Determination of fees","content":"110 Determination of fees\n(1) The technical regulator may determine fees for this Act.\n","sortOrder":128},{"sectionNumber":"111","sectionType":"section","heading":"Approved forms","content":"111 Approved forms\n(1) The technical regulator may approve forms for this Act.\n(2) If the technical regulator approves a form for a particular purpose, the\napproved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":129},{"sectionNumber":"112","sectionType":"section","heading":"Regulation-making power","content":"112 Regulation-making power\nThe Executive may make regulations for this Act.\n\n","sortOrder":130},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\nSchedule 1 Reviewable decisions\n(see pt 10)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 18 (3) issue technical regulator’s\nregulated utility\n2 46 (1) refuse to grant operating\ncertificate\nunlicensed regulated\n3 46 (2) refuse to grant operating\ncertificate until after\ntechnical code approved\nunlicensed regulated\n4 49 (1) revoke operating certificate unlicensed regulated\n5 55 (3) issue technical regulator’s\ndirection for isolated\nowner of isolated\n6 68 (4) refuse to correct dams\nregister\nowner of registrable dam\n7 96 (2) issue stop notice person issued with stop\nnotice\n8 98 (3) refuse to cancel stop notice person applying for\ncancellation of stop\nnotice\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• amend\n• appoint\n• AS (see s 164 (1))\n• AS/NZS (see s 164 (2))\n• change\n• conservator of flora and fauna\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• fail\n• function\n• independent competition and regulatory commission\n• Minister (see s 162)\n• national land\n• notifiable instrument (see s 10)\n• penalty unit (see s 133)\n• territory land\n• the Territory.\naerial cable, for division 5A.2 (Vegetation management)—see\naerial conductor, for division 5A.2 (Vegetation management)—see\naerial line, for division 5A.2 (Vegetation management)—see\naerial service line, for division 5A.2 (Vegetation management)—see\n\nalternative network boundary, for part 7 (Network boundaries and\nisolated infrastructure)—see section 52.\ncompliance report means the report under section 80 (Technical\nregulator’s compliance report).\nconductor, for division 5A.2 (Vegetation management)—see\nconnected, with an offence, for part 9 (Enforcement)—see\nsection 76.\ncovered conductor, for division 5A.2 (Vegetation management)—see\ncustomer, for a regulated utility service, means—\n(a) a person for whom the service is provided under a customer\ncontract; or\n(b) a person who has applied, orally or in writing, to be a regulated\nutility for—\n(i) the service to be provided under a customer contract; or\n(ii) approval of a plan for plumbing or drainage work to\nconnect premises to a water network or sewerage network.\ncustomer contract, for a regulated utility service, includes—\n(a) a customer contract under the Utilities Act 2000; and\n(b) a contract that is similar to a customer contract under the\nUtilities Act 2000, but made between a regulated utility service\nand a customer.\ndam, for part 8 (Dams safety)—see section 57.\ndams register, for part 8 (Dams safety)—see section 58.\ndangerous incident, for part 4 (Reporting of notifiable incidents)—\nsee section 28.\n\nelectrical infrastructure, for division 5A.3 (Electrical infrastructure\nmanagement)—see section 41F.\nelectricity network—see the Utilities Act 2000, section 7.\nfurther information, for part 8 (Dams safety)—see section 62.\ngas network—see the Utilities Act 2000, section 10.\nGoogong dam, for part 8 (Dams safety)—see section 57.\nGoogong Dam Area, for part 8 (Dams safety)—see section 57.\nICRC means the independent competition and regulatory\ncommission.\ninfrastructure, for part 7 (Network boundaries and isolated\ninfrastructure)—see section 52.\ninsulated, for a thing, for division 5A.2 (Vegetation management)—\nsee section 41C.\ninterference, with a regulated utility network or network facility, for\npart 5 (Protection of regulated utility networks)—see section 30.\nisolated infrastructure, for part 7 (Network boundaries and isolated\ninfrastructure)—see section 52.\nlisted dam, for part 8 (Dams safety)—see section 57.\nmanagement operations, for division 5A.4 (Performance of\nmanagement operations)—see section 41J.\nnational electricity rules means the National Electricity Rules under\nthe National Electricity (ACT) Law.\nNERL exempt seller—see the Utilities Act 2000, section 75A.\nNERL retailer—see the Utilities Act 2000, section 75.\n\nnetwork—\n(a) for this Act—means any of the following:\n(i) an electricity network;\n(ii) a gas network;\n(iii) a sewerage network;\n(iv) a water network;\n(v) a network prescribed for a prescribed utility service under\nthe Utilities Act 2000, section 15; or\n(b) for section 38, section 39 and section 40—see section 41\n(Extended meaning of network).\nnetwork boundary, for division 5A.3 (Electrical infrastructure\nmanagement)—see section 41F.\nnetwork facility means any part of the infrastructure of a regulated\nutility network.\nnotifiable incident, for part 4 (Reporting of notifiable incidents)—\nsee section 28.\noccupier, of premises—\n(a) for part 5A (Vegetation and electrical infrastructure\nmanagement)—see section 41A; and\n(b) for part 9 (Enforcement)—see section 76.\noffence, for part 9 (Enforcement)—see section 76.\nowner—\n(a) for part 5A (Vegetation and electrical infrastructure\nmanagement)—see section 41A; and\n(b) in relation to a dam or proposed dam, for part 8 (Dams safety)—\nsee section 57.\npremises includes land and place.\n\nprivate land, for division 5A.4 (Performance of management\noperations)—see section 41J.\nproposed dam, for part 8 (Dams safety)—see section 57.\nprotected tree—see the Urban Forest Act 2023, section 9.\npublic land, for division 5A.4 (Performance of management\noperations)—see section 41J.\nregistrable dam, for part 8 (Dams safety)—see section 57.\nregulated utility—see section 8.\nregulated utility network means a network that is owned by a\nregulated utility and used for providing a regulated utility service\nunder this Act.\nregulated utility service—see section 9.\nrelated law means—\n(a) the Electricity Safety Act 1971; and\n(b) the Gas Safety Act 2000; and\n(c) the Water and Sewerage Act 2000.\nmade or in force under the Act, including regulations (see Legislation\nrequired information, for part 8 (Dams safety)—see section 59.\nresponsible utility—\n(a) for this Act generally—for a regulated utility network or\nnetwork facility, means a regulated utility that provides utility\nservices using the regulated utility network or network facility;\nand\n(b) for part 5A (Vegetation and electrical infrastructure\nmanagement)—see section 41A.\n\nreviewable decision, for part 10 (Notification and review of\ndecisions)—see section 105.\nrural lease, for part 5A (Vegetation and electrical infrastructure\nmanagement)—see the Planning Act 2023, section 256.\nrural leased land, for part 5A (Vegetation and electrical\ninfrastructure management)—see section 41A.\nsewerage network—see the Utilities Act 2000, section 14.\nshow cause notice—\n(a) for section 17 (Technical regulator’s warning notice)—see\nsection 17 (2); and\n(b) for section 18 (Technical regulator’s directions)—see\nsection 18 (2); and\n(c) for section 54 (Technical inspector’s warning notice—isolated\ninfrastructure)—see section 54 (2); and\n(d) for section 55 (Technical regulator’s directions—isolated\ninfrastructure)—see section 55 (2); and\n(e) for section 79 (Technical regulator may recommend conditions\non licence)—see section 79 (3).\ntechnical code means a technical code approved under section 14.\ntechnical code for listed dam, for part 8 (Dams safety)—see\nsection 57.\ntechnical inspector’s warning notice—see section 54.\ntechnical regulator—see section 77.\ntechnical regulator’s direction—\n(a) in relation to regulated utilities—see section 18; and\n(b) in relation to isolated infrastructure—see section 55.\ntechnical regulator’s urgent direction—see section 20.\n\ntechnical regulator’s warning notice—see section 17.\ntransmission means transmission under the national electricity rules.\nU, for an aerial line, for division 5A.2 (Vegetation management)—\nsee section 41C.\nunlicensed regulated utility, for part 6 (Operating certificates)—see\nsection 42.\nutility infrastructure work, for division 9.5 (Stop notice—utility\ninfrastructure work)—see section 95.\nwarrant, for part 9 (Enforcement)—see section 76.\nwater network—see the Utilities Act 2000, section 12.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":131},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nUtilities (Technical Regulation) Act 2014 A2014-60\nnotified LR 8 December 2014\ns 1, s 2 commenced 8 December 2014 (LA s 75 (1))\nremainder commenced 1 March 2015 (s 2 and CN2015-1)\nas amended by\nPlanning, Building and Environment Legislation Amendment Act\n2016 (No 2) A2016-24 pt 12\nnotified LR 11 May 2016\ns 1, s 2 commenced 11 May 2016 (LA s 75 (1))\npt 12 commenced 12 May 2016 (s 2 (1))\nPlanning, Building and Environment Legislation Amendment Act\n","sortOrder":132},{"sectionNumber":"2017","sectionType":"section","heading":"A2017-3 pt 8","content":"2017 A2017-3 pt 8\nnotified LR 22 February 2017\ns 1, s 2 commenced 22 February 2017 (LA s 75 (1))\npt 8 commenced 23 February 2017 (s 2 (1))\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.35\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.35 commenced 9 March 2017 (s 2)\nUtilities Legislation Amendment Act 2017 A2017-33 pt 3\nnotified LR 7 November 2017\ns 1, s 2 commenced 7 November 2017 (LA s 75 (1))\npt 3 commenced 8 November 2017 (s 2 (1))\nUtilities (Technical Regulation) Amendment Act 2017 A2017-34\nnotified LR 8 November 2017\ns 1, s 2 commenced 8 November 2017 (LA s 75 (1))\nremainder commenced 1 July 2018 (s 2 (1) and CN2018-5)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.38\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.38 commenced 23 October 2018 (s 2 (4))\n\nLegislation history\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.36\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.36 commenced 22 November 2018 (s 2 (1))\nPlanning and Environment Legislation Amendment Act 2020\nA2020-22 pt 9\nnotified LR 10 June 2020\ns 1, s 2 commenced 10 June 2020 (LA s 75 (1))\npt 9 commenced 11 June 2020 (s 2)\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.40\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.40 commenced 24 August 2022 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.68\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.68 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nUrban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1\npt 1.13\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nsch 1 pt 1.13 commenced 1 January 2024 (s 2 and see Urban Forest\nAct 2023 A2023-14, s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.186\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.186 commenced 5 January 2026 (s 2 (8))\n\nCommencement\ns 2 om LA s 89 (4)\nMeaning of regulated utility service\ns 9 am A2017-3 s 25\nOther laws not affected\ns 7 am A2023-36 amdt 1.401\nExempt classes of regulated utility services\ns 10A ins A2017-33 s 7\nDraft technical codes—proposed by regulated utility\ns 12 am A2025-29 amdt 4.189\nDraft technical codes—consultation\ns 13 am A2017-34 s 4; pars renum R8 LA\nTechnical codes—approval\ns 14 am A2025-29 amdt 4.189\nTechnical codes—public access\ns 15 am A2025-29 amdt 4.189\nOffence—fail to comply with technical code\ns 16 am A2017-34 s 5\nTechnical regulator’s warning notice\ns 17 am A2017-4 amdt 3.210\nTechnical regulator’s directions\ns 18 am A2017-4 amdt 3.200, amdt 3.210; A2025-29 amdt 4.189\nTechnical regulator’s urgent directions\ns 20 am A2017-4 amdt 3.200; A2025-29 amdt 4.189\nTechnical regulator—obtaining information and documents\ns 22 am A2017-4 amdt 3.210\nNERL retailers and NERL exempt sellers—determination of application of\ntechnical code\ns 26 am A2025-29 amdt 4.189\nOffence—reporting of notifiable incidents by regulated utility\ns 29 am A2017-3 s 26\nMeaning of interference—pt 5\ns 30 sub A2017-34 s 6\nNetwork protection notices\ns 32 am A2017-4 amdt 3.201; A2023-52 amdts 1.109-1.111\n\nVegetation and electrical infrastructure management\npt 5A hdg ins A2017-34 s 7\nGeneral\ndiv 5A.1 hdg ins A2017-34 s 7\nDefinitions—pt 5A\ns 41A ins A2017-34 s 7\ndef occupier ins A2017-34 s 7\ndef owner ins A2017-34 s 7\ndef responsible utility ins A2017-34 s 7\ndef rural lease ins A2017-34 s 7\nsub A2023-36 amdt 1.402\ndef rural leased land ins A2017-34 s 7\nNational land\ns 41B ins A2017-34 s 7\nVegetation management\ndiv 5A.2 hdg ins A2017-34 s 7\nDefinitions—div 5A.2\ns 41C ins A2017-34 s 7\ndef aerial cable ins A2017-34 s 7\ndef aerial conductor ins A2017-34 s 7\ndef aerial line ins A2017-34 s 7\ndef aerial service line ins A2017-34 s 7\ndef conductor ins A2017-34 s 7\ndef covered conductor ins A2017-34 s 7\ndef insulated ins A2017-34 s 7\ndef U ins A2017-34 s 7\nClearance from aerial lines—vegetation\ns 41D ins A2017-34 s 7\nam A2023-52 amdt 1.112\nMeasuring clearances from aerial lines\ns 41E ins A2017-34 s 7\nElectrical infrastructure management\ndiv 5A.3 hdg ins A2017-34 s 7\nDefinitions—div 5A.3\ns 41F ins A2017-34 s 7\ndef electrical infrastructure ins A2017-34 s 7\ndef network boundary ins A2017-34 s 7\nMaintenance of electrical infrastructure within network boundary\ns 41G ins A2017-34 s 7\n\nMaintenance of electrical infrastructure within network boundary—powers\ns 41H ins A2017-34 s 7\nam A2023-52 amdt 1.113\nInspection of electrical infrastructure outside network boundary\ns 41I ins A2017-34 s 7\nam A2023-52 amdt 1.114\nPerformance of management operations\ndiv 5A.4 hdg ins A2017-34 s 7\nDefinitions—div 5A.4\ns 41J ins A2017-34 s 7\ndef management operations ins A2017-34 s 7\ndef private land ins A2017-34 s 7\ndef public land ins A2017-34 s 7\nDamage etc to be minimised\ns 41K ins A2017-34 s 7\nNotice to owner\ns 41L ins A2017-34 s 7\nManagement operations outside network boundary—dispute\ns 41M ins A2017-34 s 7\nOperating certificate—application\ns 43 am A2016-24 s 62; A2025-29 amdt 4.189\nOperating certificate—grant\ns 46 am A2016-24 s 63, s 64; A2017-4 amdt 3.202; A2022-14\namdt 3.214\nOperating certificate—general condition\ns 48 am A2017-4 amdt 3.203; A2025-29 amdt 4.189\nOperating certificate—revocation\ns 49 am A2017-4 amdt 3.210\nTechnical inspector’s warning notice—isolated infrastructure\ns 54 am A2017-4 amdt 3.210\nTechnical regulator’s directions—isolated infrastructure\ns 55 am A2017-4 amdt 3.204, amdt 3.210; A2025-29 amdt 4.189\nDefinitions—pt 8\ns 57 def proposed dam am A2023-36 amdt 1.403\nRequired information for dams register\ns 59 am A2025-29 amdt 4.189\nNotice to give required information\ns 60 am A2025-29 amdt 4.189\n\nListing of certain dams\ns 69 am A2025-29 amdt 4.189\nDraft technical codes for listed dam—proposed by owner of listed dam\ns 71 am A2025-29 amdt 4.189\nTechnical codes for listed dams—consultation\ns 72 am A2018-42 amdt 3.114, amdt 3.115\nTechnical codes for listed dams—approval\ns 73 am A2025-29 amdt 4.189\nTechnical codes for listed dams—public access\ns 74 am A2025-29 amdt 4.189\nDelegation by technical regulator\ns 77A ins A2020-22 s 25\nTechnical inspectors—appointment\ns 81 am A2022-14 amdt 3.215\nPower to enter premises\ns 84 am A2017-4 amdt 3.205\nProduction of identity card\ns 85 am A2022-14 amdt 3.215\nConsent to entry\ns 86 am A2022-14 amdt 3.215\nAdvance consent to entry\ns 87 am A2022-14 amdt 3.215\nWarrants—application made other than in person\ns 89 am A2018-33 amdt 1.73, amdt 1.74\nMeaning of utility infrastructure work—div 9.5\ns 95 am A2016-24 s 65; A2017-3 s 27; A2017-4 amdt 3.206,\namdt 3.207\nStop notice\ns 96 am A2017-4 amdt 3.210\nReviewable decision notices\ns 106 am A2025-29 amdt 4.189\nApplications for review\ns 107 am A2025-29 amdt 4.189\nDetermination of fees\ns 110 am A2025-29 amdt 4.189\nApproved forms\ns 111 am A2025-29 amdt 4.189\n\nRegulation-making power\ns 112 am A2025-29 amdt 4.189\nConsequential amendments\npt 12 hdg om LA s 89 (3)\nUtilities (Technical Regulation) Regulation 2017—sch 2\ns 113 om LA s 89 (3)\nins A2017-3 s 28\nexp 23 February 2017 (s 113 (5))\nTransitional\npt 20 hdg exp 1 March 2018 (s 204)\nDefinitions—pt 20\ns 200 exp 1 March 2018 (s 204)\ndef commencement day exp 1 March 2018 (s 204)\nTechnical codes under Utilities Act 2000\ns 201 exp 1 March 2018 (s 204)\nApplication of offence of providing regulated utility service without operating\ncertificate\ns 202 exp 1 March 2018 (s 204)\nTransitional regulations\ns 203 exp 1 March 2018 (s 204)\nExpiry—pt 20\ns 204 exp 1 March 2018 (s 204)\nNew Utilities (Technical Regulation) Regulation 2017\nsch 2 om LA s 89 (3)\nins A2017-3 s 29\nexp 23 February 2017 (s 113 (5))\ndict am A2017-34 s 8; A2018-42 amdt 3.116\ndef aerial cable ins A2017-34 s 9\ndef aerial conductor ins A2017-34 s 9\ndef aerial line ins A2017-34 s 9\ndef aerial service line ins A2017-34 s 9\ndef conductor ins A2017-34 s 9\ndef covered conductor ins A2017-34 s 9\ndef electrical infrastructure ins A2017-34 s 9\ndef electricity distribution network ins A2016-24 s 66\nom A2017-4 amdt 3.208\ndef electricity transmission network ins A2016-24 s 66\nom A2017-4 amdt 3.208\ndef gas distribution network om A2017-4 amdt 3.208\ndef gas transmission network om A2017-4 amdt 3.208\ndef insulated ins A2017-34 s 9\n\ndef management operations ins A2017-34 s 9\ndef network boundary ins A2017-34 s 9\ndef network protection notice om A2017-4 amdt 3.208\ndef occupier sub A2017-34 s 10\ndef owner sub A2017-34 s 10\ndef private land ins A2017-34 s 11\ndef protected tree ins A2023-52 amdt 1.115\ndef public land ins A2017-34 s 11\ndef responsibility utility sub A2017-34 s 12\ndef rural lease ins A2017-34 s 13\nsub A2023-36 amdt 1.404\ndef rural leased land ins A2017-34 s 13\ndef technical code for listed dam sub A2017-4 amdt 3.209\ndef U ins A2017-34 s 13\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n1 Mar 2015\n1 Mar 2015–\nnot amended new Act\n12 May 2016–\n22 Feb 2017\nA2016-24 amendments by\nA2016-24\n23 Feb 2017\n23 Feb 2017–\n23 Feb 2017\nA2017-3 amendments by\nA2017-3\n24 Feb 2017\n24 Feb 2017–\n8 Mar 2017\nA2017-3 expiry of provisions\n(s 113 and sch 2)\n9 Mar 2017\n9 Mar 2017–\n7 Nov 2017\nA2017-4 amendments by\nA2017-4\n8 Nov 2017\n8 Nov 2017–\n1 Mar 2018\nA2017-33 amendments by\nA2017-33\n2 Mar 2018\n2 Mar 2018–\nA2017-33 expiry of\ntransitional\nprovisions (pt 20)\n1 July 2018–\n22 Oct 2018\nA2017-34 amendments by\nA2017-34\n23 Oct 2018\n23 Oct 2018–\n21 Nov 2018\nA2018-33 amendments by\nA2018-33\n22 Nov 2018\n22 Nov 2018–\nA2018-42 amendments by\nA2018-42\n11 June 2020–\n23 Aug 2022\nA2020-22 amendments by\nA2020-22\n\n5 Earlier republications\nNo and date\nEffective Last\namendment\nmade by\nfor\n24 Aug 2022\n24 Aug 2022–\n26 Nov 2023\nA2022-14 amendments by\nA2022-14\n27 Nov 2023\n27 Nov 2023–\n31 Dec 2023\nA2023-36 amendments by\nA2023-36\n1 Jan 2024\n1 Jan 2024–\n4 Jan 2026\nA2023-52 amendments by\nA2023-52\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":133}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":708},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2014 scope. Major additions include: Part 5A (vegetation and electrical infrastructure management) added in 2017, creating detailed tree clearance powers and rural land inspection regimes; Part 8 (dams safety) was substantially developed with listed dams and technical codes for high-risk dams; and the operating certificate scheme in Part 6 has grown more prescriptive. The enforcement framework in Part 9 has also been elaborated with stop notices and detailed warrant procedures. What began as a technical codes framework has become a comprehensive safety, infrastructure protection and environmental management regime."},"complexity_factors":["Multiple overlapping regulatory schemes (technical codes, operating certificates, dams register, isolated infrastructure)","Extensive cross-referencing to other ACT laws (Utilities Act 2000, Electricity Safety Act, Gas Safety Act, National Energy Retail Law, etc.)","Nested enforcement mechanisms: warning notices → directions → urgent directions → stop notices → injunctions, each with different thresholds and procedures","Detailed procedural requirements for entry powers, warrants, and seizure with multiple conditions and exceptions","Part 5A creates a complex vegetation clearance regime with distance tables based on voltage levels and different rules for public/private/national land","Dictionary contains 40+ defined terms, many with signpost definitions pointing to other legislation","Strict liability offences mixed with negligence-based and intent-based offences requiring careful mental element analysis","Dams safety provisions create parallel but distinct regulatory tracks for 'registrable dams' versus 'listed dams'"],"plain_english_summary":"This ACT law creates a technical regulator (the director-general) and sets mandatory technical safety rules for electricity, gas, water and sewerage services to ensure safe, reliable operation.\n\nIt requires operating certificates for some unlicensed providers, enforces dam and vegetation safety, mandates rapid incident reporting, and gives inspectors powers to stop unsafe work — with substantial penalties for breaches."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since enactment in 2014 the Act has been materially expanded by amendments. Notable scope growths include: addition of Part 5A (vegetation and electrical infrastructure management) and detailed powers to enter, clear and maintain vegetation and electrical infrastructure (A2017-34; see ss 41A–41M); introduction and expansion of a dams safety regime with a dams register and listed dams technical codes (amendments through 2018–2025; see Part 8, ss 58–75); broadened technical code processes and regulator powers (multiple later amendments including A2025-29 affecting ss 12–15, 18, 20, 26, 46, 48, 55, 59, 69–74); and repeated adjustments to interaction with other regulatory regimes (Planning Act 2023, Urban Forest Act 2023). The cumulative effect is that the Act moved from a narrower \"technical codes and enforcement\" framework to a broader statutory regime covering vegetation works, isolated infrastructure, dam safety, operating certificates for unlicensed providers and a stronger inspectorate — all increasing regulatory reach beyond the original 2014 text (see amendment history in endnotes)."},"complexity_factors":["Lengthy Act with 11 Parts, multiple Divisions and a detailed Dictionary (many cross‑references)","Extensive defined terms and signpost definitions referencing other statutes (Utilities Act 2000, Legislation Act 2001, Planning Act 2023, Urban Forest Act 2023, National Energy Retail Law) increasing interpretive dependencies","Multiple regulatory instruments: technical codes, operating certificates, disallowable/notifiable instruments and regulator determinations (ss 14, 46, 73, 110)","Layered enforcement model with nested steps and exceptions (warning notice → direction → urgent direction → offences; urgent exceptions throughout) (ss 17–21, 32(7), 41I(7))","Variety of culpability standards across offences (negligence, recklessness, strict liability, intentional failure) increasing legal complexity (eg ss 16(1) v 16(2), 31, 34–35, 41D(4))","Significant inspector powers (entry, seizure, warrants, stop notices) with procedural safeguards (consent, advance consent, warrants, receipts) (ss 84–94, 88–89)","Multiple external interfaces: ICRC, ACAT, Supreme and Magistrates Courts, and other Territory and Commonwealth laws (ss 13, 79, Part 10, 100–104, s 7, s 27)","Special regimes embedded (dams register and listed dams, Part 8) and new substantive Part 5A for vegetation and infrastructure management (added by amendments) increasing substantive scope","Use of external technical standards incorporated \"as in force\" (s 14(2)) which imports dynamism and external complexity","Numerous penalties with high maximums (up to 3,000 penalty units) and combinations of criminal and civil enforcement"],"plain_english_summary":"**What this law does, mechanically (how it works)\n\n- Creates a technical regulation regime for utilities in the ACT. It names the Director‑General as the technical regulator and gives that office power to prepare, consult on and have the Minister approve \"technical codes\" (rules about design, operation and safety). (ss 11–15, 77–78)\n\n- Gives the technical regulator and appointed technical inspectors enforcement powers: warning notices, directions (including urgent directions), information‑gathering notices, entry, inspection, seizure, stop notices on works, injunctions and criminal penalties for non‑compliance. Some enforcement steps require a prior show‑cause notice; others may be used in urgent circumstances. (ss 17–23, 84–96, 99–104)\n\n- Defines broadly which services count as \"regulated utility services\" (electricity, gas, water/sewerage services, small/medium generation, district energy, registrable dams and services prescribed by regulation). The regulation head can add or exempt classes of services. (ss 9–10A)\n\n- Requires unlicensed providers of regulated services (those not already licensed under the Utilities Act 2000) to hold an operating certificate. The technical regulator decides applications, can attach conditions, and can revoke certificates. Heavy penalties apply for providing or constructing utility services without a certificate. (ss 42–51)\n\n- Establishes offences protecting networks and supplies: interfering with networks, unauthorised connections or abstractions of electricity/gas/water, contamination of water, and related penalties. The law treats some offences as strict liability and others requiring negligence, recklessness or intentional non‑compliance. (ss 31, 34–40, 16, 22–24)\n\n- Creates a dams register, obligations on owners of \"registrable\" dams to supply and update information, and a separate regime for \"listed\" dams with technical codes and compliance enforcement. (ss 58–75)\n\n- Introduces a vegetation and electrical infrastructure management regime (Part 5A) that: assigns responsibility to the electricity network operator to clear and maintain vegetation near aerial lines on public, rural leased or national lands; permits entry and works for maintenance (with notice to owners except in urgent cases); sets minimum clearances; and gives owners a right to dispute or seek ACAT determination for works/expenses. (ss 41A–41M)\n\n- Provides for review rights and administrative oversight: reviewable decisions are listed in schedule 1 and may be reviewed by the ACT Civil and Administrative Tribunal (ACAT); the technical regulator must produce an annual compliance report; many operational instruments are disallowable or notifiable. (Part 10, ss 80, 14(4), 73(2))\n\n\nWho this affects (directly and practically)\n\n- Regulated utilities: licensed utilities that operate electricity, gas, water, sewerage and prescribed services (they must comply with technical codes and respond to regulator directions). (ss 8–10, 16)\n- Unlicensed regulated utilities: developers or operators of discrete district energy systems, small/medium generators or other services not captured by the Utilities Act licensing regime — they must obtain operating certificates and comply with conditions. (ss 9, 42–51)\n- Owners/operators of isolated infrastructure and registrable/listed dams: must maintain assets, register dams, follow approved dam technical codes and can be directed to negotiate or join networks. (ss 52–56, 58–75)\n- Customers and the public: protected by the safety and reporting provisions (notifiable incidents, contamination offences, network protection). (Part 4, ss 28–29, 34–35)\n- Landowners/occupiers: can be required to accept vegetation clearing, maintenance work or entry for inspections; may incur debts to utilities if they refuse to act and the utility remedially acts. Owners have notice and limited dispute rights (including ACAT). (ss 32, 41D, 41H, 41I, 41L–41M)\n- The ICRC, ACAT and courts: ICRC receives consultation copies and can be asked to vary licence conditions; ACAT hears reviews; courts enforce injunctions and criminal proceedings. (ss 13, 79, Part 10, 100–104)\n\n\nWhy it matters (stated purposes, and how the law achieves them)\n\n- The Act states its objects as ensuring safe, reliable, efficient delivery of regulated utility services, promoting long‑term serviceability and protecting people, property and the environment. (s 6)\n\n- Mechanisms to achieve those objects include: technical codes (design and operational rules) that can be made by regulator/MINISTER process and can adopt external standards; inspection and audit powers; mandatory reporting of major incidents; operating certificates for smaller/unlicensed providers to ensure minimum capability; specific powers to manage vegetation and electrical infrastructure; and a dams register plus a special code and enforcement regime for higher‑risk dams. (ss 11–15, 17–23, 28–29, 42–51, 41D–41I, 58–75)\n\n\nCosts, incentives, trade‑offs and likely behaviour changes (mechanisms, not judgments)\n\n- Compliance costs and fees: the technical regulator may set fees (s 110) and the Act contemplates auditing and code development costs (s 45). Regulated and unlicensed utilities must budget for code compliance, audits and possible remediation work. (ss 45, 110)\n\n- Transfer of remedial costs to owners: where a landowner does not comply with a notice to remove interference or repair infrastructure, the responsible utility may do the work and recover reasonable expenses as a debt from the owner (s 32(5); s 41I(6); see also s 41L(3)(b)(iv)). That creates an incentive for owners to act on notices or negotiate alternative boundaries. (ss 32, 41I, 41L)\n\n- Regulatory discretion versus predictability: the technical regulator (Director‑General) and the Minister have substantial discretion (approve codes, determine application to NERL retailers, recommend licence conditions). Approvals and directions are often disallowable or notifiable instruments (ss 14(4), 26, 73(2)), giving some parliamentary visibility but leaving operational detail to the regulator. (ss 14, 26, 73)\n\n- Dynamic incorporation of standards: technical codes may adopt external standards \"as in force from time to time\" (s 14(2)), so compliance requirements can shift with updated standards without further primary legislation. That reduces legislative lag but increases the need for operators to track changes in standards. (s 14(2))\n\n- Enforcement ladder with graduated steps: the Act uses a tiered approach—show cause / warning notice → direction → urgent direction/stop notices → criminal penalties and injunctions—so utilities typically get opportunity to respond before the strongest measures are used, except in urgent circumstances. (ss 17–21, 96, 100)\n\n- Entry and search powers: technical inspectors may enter premises (with consent, advance consent, or warrant), seize evidence and restrict access; those powers facilitate compliance monitoring but impose operational and privacy costs on operators and owners. (ss 84–94)\n\n- Interaction with other regulatory regimes: the Act expressly operates alongside other laws (Utilities Act, Electricity Safety Act, National Energy Retail Law, Planning Act, Urban Forest Act, Work Health and Safety Act etc.) and yields to some national retail rules where inconsistent (ss 7, 27). This reduces legal gaps but creates compliance complexity where multiple regulators and rules apply. (ss 7, 27)\n\n\nWho pays, who decides, and how behaviour is affected (straightforward statements)\n\n- Who pays: primarily the regulated/unlicensed utilities for compliance, audits, fees and remediation ordered by the regulator. Private landowners may pay if they ignore notices and the utility remedies the problem (s 32(5); s 41I(6)). Penalties for breaches are payable by offenders; the Act allows the technical regulator to require bonds or licence conditions via ICRC recommendation (s 79). (ss 32, 41I, 79, 110)\n\n- Who decides: the Director‑General (technical regulator) implements the regime and has wide operational discretion, the Minister approves codes and can determine application to some retailers, and the ICRC and ACAT play roles in licence variation and review. Courts handle injunctions and criminal enforcement. (ss 14, 26, 77–79, Part 10, 100–104)\n\n- Behaviour change: operators must (a) develop or accept technical codes, (b) obtain operating certificates if unlicensed, (c) allow inspections and comply with notices or risk corrective works and costs, and (d) report notifiable incidents within 24 hours. Landowners should expect possible vegetation or maintenance work near network assets and have a route to dispute. (ss 12–15, 42–51, 32, 41L–41M, 29)\n\n\nImplementation risks, compliance burden and checks\n\n- Compliance burden: multiple instruments (technical codes, operating certificates, audits) and cross‑reference to other Acts will require administrators and operators to maintain compliance systems. (ss 11–15, 42–51, 7)\n\n- Discretion and accountability: the Act gives the technical regulator discretionary power (eg, whether to prepare codes, whether a code applies to NERL retailers) but provides review routes (ACAT) and requirements for show‑cause and publication of compliance reports and notifiable instruments to provide transparency. (ss 12(3), 26, 17–18, 80, Part 10)\n\n- Concentrated benefits and diffuse costs: the statutory powers primarily strengthen network operators' ability to protect network integrity (a concentrated operational benefit for utilities) while compliance and remediation costs may be dispersed across many smaller owners/operators (e.g. landowners, small generators). The Act contains mechanisms making owners liable for reasonable expenses only after notice and subject to limited dispute resolution (ss 32, 41I, 41M).\n\n\nKey statutory citations for major points: ss 6 (objects), 11–15 (technical codes), 17–21 (warning/directions/urgent directions), 22–24 (information powers and self‑incrimination protection), 28–29 (notifiable incidents), 31–41 (network protection and unauthorised abstraction), 41A–41M (vegetation and electrical infrastructure management), 42–51 (operating certificates), 52–56 (network boundaries / isolated infrastructure), 58–75 (dams), 77–80 (technical regulator and compliance report), 84–96 (inspector powers and stop notices), 100–104 (injunctions), Part 10 & Schedule 1 (reviews)."}},"importantCases":[],"_links":{"self":"/api/acts/utilities-technical-regulation-act-2014","history":"/api/acts/utilities-technical-regulation-act-2014/history","analysis":"/api/acts/utilities-technical-regulation-act-2014/analysis","conflicts":"/api/acts/utilities-technical-regulation-act-2014/conflicts","importantCases":"/api/acts/utilities-technical-regulation-act-2014/important-cases","documents":"/api/acts/utilities-technical-regulation-act-2014/documents"}}