Underground services will also be required where: The service would be greater than 30 meters in length.

1. The respondent provided evidence at Annexure C of their affidavit, that the current requirements for the height of the wire is 2.7 meters from ground level. The measurements of Mr McGuire indicate that the lowest height of line is 3.45 metres from ground level, while the applicant states at point 7 in his submission that "the height of the line is only around 4 metres for half its length ...".
2. In the end any dispute about exact measurements are not relevant since the current Service and Installation Rules were not in force when the wire was installed at the Property, and due to the legislative provisions and instruments summarised earlier (for example, the Actew/AGL Partnership Facilitation Act 2000[7]) the rules do not apply to the existing pole and wires in this case.
3. The applicant further contended that the line poses a fire risk and other risks to properties. Mr Blazey advised during the hearing that the wire had deteriorated in the past. However, Mr Blazey did not provide evidence of safety issues, he only asserted that safety was an issue. If there was evidence of safety issues the Tribunal would have considered these carefully and considered its jurisdiction to make orders to overcome these. However, this was not necessary in this case.

1. This aspect of the complaint raises issues of jurisdiction under the Utilities Act 2000, although the Tribunal may have jurisdiction under other legislation. As discussed earlier, the property was connected to the electricity network on 11 March 1988, and the legal entity of the respondent did not exist at that point in time.
2. In order to make out an argument that the respondent holds a duty of care to the applicant, the negligence of the respondent would need to proven - however, the respondent was not the responsible entity at the time that the electricity network was installed. Further, given the length of time (now 30 years) an argument of laches and that the limitation period had expired.
3. In any case, the Actew/AGL Partnership Facilitation Act 2000[8] and related laws and instruments summarised earlier allow the respondent to maintain the line in its current location. Further, the Tribunal accepts the respondent's argument that these latter laws and instruments had the effect of curing any defects at the time of installation, if indeed there were any. The Tribunal therefore dismisses this aspect of the applicant's complaint due to a lack of jurisdiction under the Utilities Act 2000 and due to the absence of evidence to make out negligence against the respondent.

1. The applicant contended that due to the issues he raised about the wires, he was impeded in using his property fully. However, by the end of the proceeding he advised that he had been able to build a carport towards the rear of his property. The Tribunal finds that this aspect of the applicant's complaint is not made out due to lack of evidence.

1. The complaint is not made out, and therefore no remedy is available to the applicant.

Icon Distribution Investments Ltd (ABN 830 730 252 24) and Jemena Networks (ACT) Pty Ltd (ABN 24 008 552 663) trading as ACTEWAGL Distribution (ABN 766 705 686 88)

Jemena Networks (ACT) Pty Ltd (ABN 24 008 552 663) and Icon Distribution Investments Limited (ABN 83 073 025 224) t/as Evoenergy (ABN 76 670 568 688).

[1] Section 18(2)(d) of the Australian Capital Territory Electricity Supply Act 1962

[2] Section 18(2)(g) of the Australian Capital Territory Electricity Supply Act 1962

[3] under the Electricity and Water (Corporatisation) (Consequential Provisions) Act 1995

[4] Section 103 of the Utilities Act 2000, outlines the meaning of network operations as "... work carried out by a utility, or an authorised person for a utility, under this part in the exercise of its functions under this Act."

[5] As per G9, paragraph 9 in his submission

[6] Dr P Nygh and P. Butt, (eds), Butterworths Concise Australian Legal Dictionary, 2nd Edition, 1998, pages 433 to 434

[7] Section 10(7) of the Actew/AGL Partnership Facilitation Act 2000

[8] Section 10(7) of the Actew/AGL Partnership Facilitation Act 2000