These regulations exempt small or incidental generators and certain local sellers from licence requirements (reg 5), require AEMO‑registered generators to publish weekly hydro storage and production‑capability data (regs 6–7, Sch 1), set staged connection processes with timeframes and exceptions (regs 13–16), and fix the licence application fee (reg 10).
Applicants pay 330 fee units (reg 10); AEMO‑registered entities must publish and retain weekly data in a regulator‑approved form (regs 6–7); the Regulator can require information (reg 12); planning authorities may omit transmission notification in defined residential cases (reg 7A).
These regulations (Electricity Supply Industry Regulations 2018) set out a range of technical prescriptions, procedural timings and information‑publication requirements that operate alongside the Electricity Supply Industry Act 1995 (the Act). Mechanically, the regulations do the following.
Prescribe particular generating plants as "historic electricity generating plants" for the purposes of s 39 of the Act (regulation 4; Schedule 2).
Specify circumstances in which a licence under the Act is not required for generation, transmission, distribution or retailing (regulation 5).
Prescribe the content that an AEMO‑registered electricity entity must publish about its energy production capability (regulation 6; Schedule 1) and the manner and timing of that publication (regulation 7).
Carve out detailed circumstances in which a planning authority need not give the relevant transmission entity notice of an application for planning approval (regulation 7A).
Classify particular types of work as being of "minor environmental impact" for the purposes of sections 52(5) and 57(b) of the Act (regulation 8).
Set dimensional and use requirements for land that may be acquired under s 56 of the Act (regulation 9).
Define an "authorised electricity supply line" for the purposes of s 111(3)(b) of the Act (regulation 9A).
Fix the licence application fee payable under s 18 of the Act at 330 fee units (regulation 10).
Put time limits and operational rules on energisation and re‑energisation of premises (regulation 11).
Give the Regulator express power to require, by notice, that authorised retailers or electricity entities keep specified information in a specified manner and supply copies to the Regulator (regulation 12).
Current sections
Direct links to the current provisions in Electricity Supply Industry Regulations 2018.
23
Part 1
[Part 1 Heading inserted by S.R. 2021, No. 132, Applied:01 Jan 2022] Preliminary
Part 1 [Part 1 Heading inserted by S.R. 2021, No. 132, Applied:01 Jan 2022] Preliminary
AEMO-registered electricity entity means an electricity entity that is required to be registered with AEMO under the National Electricity Rules;
licence means a licence issued and in force under Division 1 of Part 3 of the Act.
Part 2
[Part 2 Heading inserted by S.R. 2021, No. 132, Applied:01 Jan 2022] Prescribed Matters
Part 2 [Part 2 Heading inserted by S.R. 2021, No. 132, Applied:01 Jan 2022] Prescribed Matters
4
Historic electricity generating plants
4 Historic electricity generating plants
For the purposes of section 39 of the Act, the electricity generating plants specified in Schedule 2 are prescribed to be historic electricity generating plants.
5
Circumstances in which licence not required
5 Circumstances in which licence not required
(1) A licence authorising the generation of electricity is not required if –
(a) the electricity is generated by a generator with a capacity of 5 megawatts or less; or
(b) the electricity is –
(i) generated by a generator that is not normally connected to a power system or has a primary function other than the generation of electricity for sale; and
(ii) not sold.
(2) A licence authorising the transmission or distribution of electricity is not required by a person transmitting or distributing electricity which was purchased from a person who is not required to be licensed to generate electricity.
(3) A licence authorising the retailing of electricity in the Bass Strait Islands is not required by –
(a) a person retailing electricity who does not use any facilities that are used by another person holding a licence authorising the transmission or distribution of electricity, beyond the point of purchase of the electricity; or
(b) a person who sells electricity only to another person who holds a licence authorising the retailing of electricity; or
(c) the owner of a caravan park who sells the electricity to a person occupying a site within the park; or
(d) the owner of a building who sells the electricity to a person occupying part of the building; or
(e) the owner or manager of a shopping centre who sells the electricity to tenants of the centre.
6
Prescribed information to be published as condition of licence
6 Prescribed information to be published as condition of licence
For section 22(1)(j) of the Act, the information specified in Schedule 1 is prescribed as the kind of information to be published by the electricity entity in relation to its energy production capability if it is an AEMO-registered electricity entity.
7
How prescribed information to be published
7 How prescribed information to be published
(1) The information specified in Schedule 1 is to be published –
(a) once a week, no later than 24 hours after the measurement time referred to in that Schedule; and
(b) on a website maintained by or on behalf of an AEMO-registered electricity entity in a form approved by the Regulator.
(2) For the purpose of subregulation (1)(a) , the measurement time is to be the same for each weekly publication, unless the AEMO-registered electricity entity and the Regulator agree on another time.
(3) An AEMO-registered electricity entity must keep the data from the weekly publications, in chronological order and in a form approved by the Regulator, on the website referred to in subregulation (1)(b) .
(4) This regulation is not to be taken as preventing an AEMO-registered electricity entity from also publishing the information specified in Schedule 1 in other ways.
7A
When planning authority not required to notify relevant entity of planning application
7A When planning authority not required to notify relevant entity of planning application
(1) For the purposes of section 44L(2)(b) of the Act, a planning authority is not required to provide to the relevant transmission entity the relevant notice in relation to an application for a permit in relation to a use or development if –
(a) the use or development is inside a General Residential Zone, an Inner Residential Zone or a Low Density Residential Zone, all within the meaning of the Tasmanian Planning Scheme; and
(b) the use or development is in a Permitted Use Class specified in the applicable Use Table in the Tasmanian Planning Scheme; and
(c) the use or development is outside any local heritage precinct, local heritage place or local historic landscape precinct, all within the meaning of the Tasmanian Planning Scheme; and
(d) the application is for a use or development of a place that is not entered on the Tasmanian Heritage Register, within the meaning of the Tasmanian Planning Scheme; and
(e) the use or development has a setback more than 3 metres from a boundary that abuts public land or a road, both within the meaning of the Tasmanian Planning Scheme; and
(f) the use or development is on a title that is unencumbered by a wayleave or easement benefitting any electricity infrastructure –
unless the application is for –
(g) a subdivision of more than 5 lots; or
(h) a development for more than 5 dwellings.
(2) For the purposes of section 44L(2)(b) of the Act, a planning authority is not required to provide to the relevant transmission entity the relevant notice in relation to an application for a permit for –
(a) signage; or
(b) a retaining wall; or
(c) a pergola, arch, trellis, frame or other similar garden structure.
For sections 52(5) and 57(b) of the Act, the following work is classified as being of minor environmental impact:
(a) the removal, repair, maintenance or modification of existing powerlines for the transmission, distribution or supply of electricity;
(b) the removal, repair, maintenance or modification of an existing substation or a transformer associated with the transmission, distribution or supply of electricity;
(c) the installation or erection of powerlines along any public street, road or highway and on public land for the distribution or supply of electricity;
(d) the laying, removal, repair, maintenance or modification of any underground cable for the distribution or transmission of electricity;
(e) the clearing or lopping of trees, branches or other vegetation to the extent necessary for the protection of electricity infrastructure or public safety;
(f) the installation and erection of any substation or transformer associated with the distribution or supply of electricity;
(g) the installation, erection, removal, repair, maintenance, modification, or use, on land, of any electricity generating plant that –
(i) is not used, or intended by the Hydro-Electric Corporation to be used, to generate electricity for more than 12 months after the plant is installed or erected on the land; and
(ii) is installed or erected on land that is, or on land that is adjacent to, land on which there is already situated an electricity generating plant, substation or switchyard or on which not less than 200 gigawatt hours of electricity was consumed during the previous calendar year.
9
Requirements for section 56 of Act
9 Requirements for section 56 of Act
(1) For section 56(1)(b) of the Act, the area of the land is to be not greater than 1 500 square metres.
(2) For section 56(1)(c) of the Act, the use or proposed use of the land acquired under the Act for the purposes of electricity infrastructure is to comply with at least one of the following requirements:
(a) a substation or transformer associated with the distribution or supply of electricity is to be installed or erected on the land;
(b) an underground cable for the distribution or transmission of electricity is to be laid, removed, repaired, maintained or modified on the land;
(c) a communication tower or associated facility is to be installed or erected on the land.
(a) is installed for the purpose of connecting property occupied by a person to a connection point of a distribution network that is on public land; and
(b) is installed underground beyond the boundaries of the property specified in paragraph (a) ; and
(c) does not supply electricity to any property other than the property specified in paragraph (a) –
is an authorised electricity supply line.
10
Licence application fee
10 Licence application fee
The fee payable on application under section 18 of the Act for a licence to carry on operations in the electricity supply industry is 330 fee units.
11
Time in which energisation, or re-energisation, of premises is to occur
11 Time in which energisation, or re-energisation, of premises is to occur
(1) In this regulation –
distributor has the same meaning as it has in the National Energy Retail Law (Tasmania);
energisation has the same meaning as it has in the National Energy Retail Law (Tasmania);
re-energisation has the same meaning as it has in the National Energy Retail Law (Tasmania);
relevant period, in relation to premises, means –
(a) if the premises have previously been connected to the distribution network –
(i) one business day, if changes to the distribution network are not required to enable the energisation of the premises to occur; or
(ii) 10 business days, if changes to the distribution network are required to enable the energisation of the premises to occur; or
(b) if the premises have not previously been connected to the distribution network –
(i) 10 business days, if no extension of the distribution network is required to enable the energisation of the premises to occur; or
(ii) 40 business days, if extension of the distribution network is required to enable the energisation of the premises to occur.
(2) If a small customer becomes entitled to re-energisation of the customer's premises under Rule 121 of the National Energy Retail Rules and the retailer's request to the distributor for re-energisation of the premises is made before 4 p.m. on a business day, the distributor must re-energise the premises –
(a) if practicable, on the same day; or
(b) if it is not practicable to re-energise the premises on the same day, on the next business day.
(3) A distributor who has made an agreement with a retailer to provide, on a particular day, energisation of a small customer's premises is to provide energisation to the premises on that day.
(4) If a distributor has made an agreement with a retailer to provide energisation of a small customer's premises but the agreement does not specify a day on which the distributor is to provide energisation to the premises, the distributor is to provide energisation to the premises within the relevant period in relation to the premises after entering into the agreement.
12
Regulator may impose certain requirements in relation to information
12 Regulator may impose certain requirements in relation to information
(1) The Regulator may, by notice in writing to an authorised retailer or an electricity entity, require the retailer or entity –
(a) to keep, in the manner and form specified in the notice, the information specified in the notice; and
(b) to provide to the Regulator copies of such information in the manner and form, and within the time, specified in the notice.
(2) An authorised retailer, or an electricity entity, to which a notice under subregulation (1) is given must comply with the requirements of the notice.
applicant, in relation to an application, means the person who made the application;
application means an application for a permit for a development or use that requires a relevant entity to make a connection to relevant electricity infrastructure;
assessment stage means the stage of works that includes –
(a) the assessment or determination of the scope of the works; and
(b) the issue of a letter of response;
connection letter of offer means a letter, issued by a relevant entity to an applicant, that confirms the details of the design stage of the works to which the applicant’s application relates;
connection stage means the stage of works that includes –
(a) the construction of relevant electricity infrastructure, to a point of supply that has been agreed between the relevant entity and the applicant; and
(b) the inspection and approval of relevant electricity infrastructure, including infrastructure for connections, that has been constructed as part of the works; and
(c) notification that the works are completed being given to the applicant, or the retailer, by the relevant entity;
design stage means the stage of works that includes –
(a) the design of the works; and
(b) the checking of the design of the works; and
(c) the approval of the design of the works; and
(d) the issue of a connection letter of offer;
large-scale works means works that –
(a) require the provision of high-voltage electricity infrastructure; or
(b) are for the purposes of a development or use that has a maximum demand of more than one megawatt of electricity, and require the provision of low-voltage electricity infrastructure; or
(c) are, in the reasonable opinion of the relevant entity undertaking the works, complex in nature;
letter of response means a letter, issued by a relevant entity to an applicant, that confirms the details of the assessment stage of the works to which the applicant’s application relates;
medium-scale works means works, for the purposes of a development or use that has a maximum demand of up to and including one megawatt of electricity, that –
(a) require the provision of low-voltage electricity infrastructure; or
(b) are not small-scale works;
small-scale works means works, for the purposes of a development or use that has a maximum demand of 100 amps or less, that can be undertaken using existing low-voltage electricity infrastructure and network capacity.
(2) For the purposes of this regulation, a term used in this regulation and also in Division 5B of Part 3 of the Act has the same meaning in this regulation as it has in that Division.
application date, in relation to an application, means the day on which the application, or relevant notice of the application, for the works of the type specified in section 44O(1)(a)(i) , (ii) or (iii) , is provided to, and accepted by, the relevant entity.
(2) For the purposes of section 44O(1)(b) of the Act, the time, calculated from the application date in relation to an application, by which a relevant entity is to complete each stage of a process in relation to small-scale works to which the application relates is –
(a) for –
(i) the assessment stage – 10 business days; and
(ii) the design stage – 25 business days; and
(iii) the connection stage – 45 business days; or
(b) such time as is agreed in relation to each stage between a relevant entity and the applicant.
(3) For the purposes of section 44O(1)(b) of the Act, the time, calculated from the application date in relation to an application, by which a relevant entity is to complete each stage of a process in relation to medium-scale works to which the application relates is –
(a) for –
(i) the assessment stage – 15 business days; and
(ii) the design stage – 35 business days; and
(iii) the connection stage – 60 business days; or
(b) such time as is agreed in relation to each stage between a relevant entity and the applicant.
(4) For the purposes of section 44O(1)(b) of the Act, the time, calculated from the application date in relation to an application, by which a relevant entity is to complete each stage of a process in relation to large-scale works to which the application relates is –
(a) for –
(i) the assessment stage – 30 business days; and
(ii) the design stage – 80 business days; and
(iii) the connection stage – 160 business days; or
(b) such time as is agreed in relation to each stage between a relevant entity and the applicant.
16
Exceptions and extensions to timing of stages of works
16 Exceptions and extensions to timing of stages of works
(1) A time by which a stage of a process in relation to works specified in regulation 15 is to be completed does not apply –
(a) if –
(i) there is a flood, fire, natural disaster or other emergency event; and
(ii) the relevant entity is reasonably satisfied that a delay to the completion of the stage of a process in relation to works specified in that regulation is necessary, because of the diversion of resources of the entity in relation to the event; or
(b) if the relevant entity is reasonably satisfied that the entity is unable to access a location at which the works specified in that regulation are to be undertaken; or
(c) if the relevant entity is reasonably satisfied that the entity is unable to complete the stage of the process in relation to works specified in that regulation due to other works, to be carried out by a person who is not the relevant entity, not yet being carried out.
(2) If, in order to complete a stage of a process in relation to works specified under regulation 15 , a relevant entity requires information from an applicant or retailer –
(a) the relevant entity is to request the information from the applicant or retailer as soon as practicable; and
(b) the time by which that stage of a process in relation to works specified in regulation 15 is to be completed ceases to run on and from the day on which the request is made under paragraph (a) until 5 days after the relevant entity is supplied, to the satisfaction of the relevant entity, with the information.
SCHEDULE 1 - Prescribed Energy
SCHEDULE 1 - Prescribed Energy Production Capability Information
SCHEDULE 1 - Prescribed Energy SCHEDULE 1 - Prescribed Energy Production Capability Information
Regulation 6
1. For the hydro-electric power stations that the AEMO-registered electricity entity operates under a licence authorising the generation of electricity using hydro-electric generators –
(a) the amount of energy in storage in each headwater storage (expressed both in gigawatt hours and as a percentage of maximum storage capacity) as at a fixed time of the week determined by the AEMO-registered electricity entity (in this Schedule referred to as "the measurement time"); and
(b) whether, in the 24-hour period immediately before the measurement time, the amount of energy in storage in each headwater storage rose, fell or remained static; and
(c) the power stations that utilise the water from each headwater storage.
2. In item 1 –
energy in storage means the amount of energy that can potentially be generated from the volume of water stored in a headwater storage;
headwater storage means the following:
(a) Lake Augusta;
(b) Great Lake;
(c) Arthurs Lake;
(d) Lake St Clair;
(e) Lake King William;
(f) Lake Echo;
(g) Bronte Lagoon;
(h) Tungatinah Ponds (consisting of Bradys Lake, Lake Binney and Tungatinah Lagoon);
| 1. | The electricity generating plant known as the Lake Margaret Power Station situated on the Yolande River |
| 2. | The electricity generating plant known as the Lower Lake Margaret Power Station situated on the Yolande River |
These regulations are administered in the Department of State Growth.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 [Part 1 Heading inserted by S.R. 2021, No. 132, Applied:01 Jan 2022] Preliminary
Part 1 [Part 1 Heading inserted by S.R. 2021, No. 132, Applied:01 Jan 2022] Preliminary
1 Short title
1 Short title
These regulations may be cited as the Electricity Supply Industry Regulations 2018 .
2 Commencement
2 Commencement
These regulations take effect on 18 December 2018.
3 Interpretation
3 Interpretation
In these regulations –
Act means the Electricity Supply Industry Act 1995 ;
AEMO-registered electricity entity means an electricity entity that is required to be registered with AEMO under the National Electricity Rules;
licence means a licence issued and in force under Division 1 of Part 3 of the Act.
Part 2 [Part 2 Heading inserted by S.R. 2021, No. 132, Applied:01 Jan 2022] Prescribed Matters
Part 2 [Part 2 Heading inserted by S.R. 2021, No. 132, Applied:01 Jan 2022] Prescribed Matters
4 Historic electricity generating plants
4 Historic electricity generating plants
For the purposes of section 39 of the Act, the electricity generating plants specified in Schedule 2 are prescribed to be historic electricity generating plants.
5 Circumstances in which licence not required
5 Circumstances in which licence not required
(1) A licence authorising the generation of electricity is not required if –
(a) the electricity is generated by a generator with a capacity of 5 megawatts or less; or
(b) the electricity is –
(i) generated by a generator that is not normally connected to a power system or has a primary function other than the generation of electricity for sale; and
Establish staged connection service standards (assessment, design, connection) and set default maximum times for each stage for small, medium and large works, plus exceptions and clock‑stopping rules (regulations 13-16; Part 3).
Prescribe the particular hydro headwater storages and the precise energy‑in‑storage data items to be published by AEMO‑registered entities (Schedule 1).
Affirm that certain works related to powerlines, substations, underground cables and vegetation clearing are classified as minor environmental impact works (regulation 8, items (a)-(g)).
The regulations cite and operate in conjunction with multiple sections of the Act (for example, s 22(1)(j), s 39, s 44L, s 44O, s 52(5), s 56 and s 111) and with external instruments such as the National Electricity Rules and the Tasmanian Planning Scheme (see definitions in reg 3 and reg 7A(3)). They therefore function primarily as operational detail and compliance rules sitting below the Act, giving effect to particular procedural, information and technical choices that the Act contemplates.
The document uses a mix of prescriptive thresholds (for example, numeric capacity limits, days for stage completion, the 3‑metre setback in reg 7A) and regulatory discretion (Regulator approval of formats under reg 7(1)(b); the "reasonably satisfied" standard for exceptions to timing in reg 16(1)). Where the regulations leave matters for agreement between a relevant entity and an applicant, the default timing provisions are disapplied (regs 15(2)-(4)). The instrument also records amendment events (insertions and amendments by later statutory rules) that change or add particular regulations.
Throughout the rest of this deep dive I attribute purpose statements that appear in the Act or the regulations as claims in the text, and then examine the mechanical incentives, compliance obligations, timing, costs and discretion created by the provisions cited above.
Main concepts
The regulations instantiate a small number of recurring legal and administrative concepts. These are central to understanding who must act, what must be published or delivered, and how deadlines are measured.
AEMO‑registered electricity entity. Defined in reg 3 as an entity required to be registered with AEMO under the National Electricity Rules. This definition pins a set of publication and recordkeeping obligations (regulation 6, regulation 7, Schedule 1) to entities with that registration status. Mechanically, the obligations apply only if the entity is both AEMO‑registered and operating under a licence to generate electricity (reg 6).
Staging of works (assessment; design; connection). Part 3 (regs 13-15) defines these stages (reg 13) and prescribes default timeframes that the relevant entity must meet for small, medium and large works (reg 15). Those stages structure the process for applications that require a relevant entity (typically a distributor or transmission entity) to undertake work to connect a development to electricity infrastructure. The concepts determine when the "clock" starts (the application date in reg 15(1)) and when it may be paused (reg 16(2)).
Small/medium/large scale classification. Reg 13 defines these classes by numeric thresholds (for example, small‑scale works: maximum demand of 100 amps or less; medium: up to and including 1 MW; large: >1 MW or requiring high‑voltage infrastructure or otherwise complex). These classifications change the default statutory timing for each stage (reg 15).
Prescribed information for energy production capability. Schedule 1 prescribes a concrete set of data items for hydro‑electric operators: energy in storage at each headwater (GWh and percentage of max capacity), change over the prior 24 hours, and the power stations fed by each headwater (Schedule 1 item 1). Regulation 7 prescribes the cadence and manner of publication (weekly, within 24 hours of the measurement time, on a website maintained by or on behalf of the entity and in a form approved by the Regulator).
Licence exemptions. Regulation 5 lists narrow circumstances in which a licence is not required (generators of 5 MW or less; generators not normally connected and not selling electricity; distributors transmitting electricity purchased from an unlicensed generator; several retailing exemptions specific to the Bass Strait Islands).
Planning notice carve‑outs. Regulation 7A specifies detailed circumstances where a planning authority need not notify the relevant transmission entity of a planning permit application (for example, certain permitted uses inside residential zones, with a required setback and no heritage precincts, and titles unencumbered by wayleaves or easements benefiting electricity infrastructure). These are context‑sensitive exemptions tied to the Tasmanian Planning Scheme.
Regulator powers and discretion. The Regulator is given approval and requirement powers. The Regulator approves the form for data publication (reg 7(1)(b)), may specify the manner and form of information and require entities to keep and provide information (reg 12(1)), and can agree an alternative measurement time with an entity (reg 7(2)). These powers create significant administrative discretion around format and timing.
Exceptions and extensions. Regulation 16 lists circumstances where timing obligations do not apply (emergency events, access problems, third‑party works not yet complete). It also contains a clock‑stopping rule where the relevant entity requests information from the applicant: the timing stalls from the day of request until five days after the relevant entity is satisfied with the information (reg 16(2)).
Minor environmental impact classification. Regulation 8 sets out that a list of specific works connected to powerlines, substations, underground cables, vegetation clearing and installation of certain generating plant on specific lands are treated as “minor environmental impact” works under the Act.
These concepts interact: for example, an AEMO‑registered hydro generator will be subject to both the publication duties (Schedule 1 and regs 6-7) and to connection service standards if it applies for new connections (Part 3). Planning authorities will use reg 7A when deciding whether to notify transmission entities. Applicants and relevant entities must understand the "application date", the impact of clock suspensions under reg 16(2), and how classification (small/medium/large) alters timing under reg 15.
The regulations therefore combine prescriptive data rules and performance deadlines with discretionary approval points that place practical implementation power with the Regulator and with the "relevant entity" undertaking the connection works.
Who it affects
The regulations identify, by role and activity, who has duties and who receives regulatory relief. The primary groups affected are:
AEMO‑registered electricity entities (reg 3; reg 6; reg 7; Schedule 1). These entities must publish the prescribed energy production capability information for hydro headwater storages (Schedule 1) weekly in a Regulator‑approved form, retain the published data in chronological order on a website and follow requirements about measurement times (reg 7). The obligations will principally target the Hydro‑Electric Corporation (implied by Schedule 1 listing of headwater storages that are clearly hydro assets), but apply to any licence‑holding generator that is AEMO‑registered and operates hydro‑electric plants.
Licence applicants and licence holders (reg 5; reg 10). Persons applying under s 18 of the Act for licences to carry on electricity supply industry operations must pay 330 fee units on application (reg 10). Entities who might otherwise require licences are affected by the exemptions in reg 5 (small generators ≤5 MW; not normally connected and not selling; certain retailing in Bass Strait Islands; transmission/distribution when purchasing from unlicensed generators).
Distributors and retailers (reg 11; reg 12; regs 13-16). Distributors have energisation and re‑energisation timing obligations for small customers (reg 11). Retailers and distributors are also subject to information notices from the Regulator: the Regulator can require authorised retailers or electricity entities to keep specified information and provide it in a specified manner (reg 12).
Relevant transmission entities and planning authorities (reg 7A; regs 13-16). The planning authority’s duty to notify the relevant transmission entity is limited in the circumstances spelled out in reg 7A; this affects transmission entities who would otherwise receive notice of planning permit applications. Relevant entities (those required to make a connection) are subject to the staged connection timing obligations in Part 3 and will be the parties with which applicants interact (regs 13-16).
Applicants for permits or connections (regs 13-16; reg 7A). Applicants who require a connection to electricity infrastructure enter the staged process, are bound by "application date" rules (reg 15(1)), and are subject to the clock‑stopping rule if the relevant entity requests further information (reg 16(2)). Applicants for planning permits may find that planning authorities will not notify transmission entities in certain lower‑impact residential circumstances (reg 7A).
Owners of caravan parks, buildings and shopping centres in the Bass Strait Islands (reg 5(3)). They are explicitly listed as conditionally exempted from needing a retail licence when selling electricity to occupants or tenants under specified circumstances.
Persons carrying out works defined as "minor environmental impact" in reg 8. That classification is likely to reframe permitting and approvals under environmental provisions of the Act (sections 52(5) and 57(b)).
The Regulator (regs 7, 12). The Regulator decides the approved form for publications, may request and require information, and may agree to alternate measurement times or agreed stages for connections. The Regulator therefore acts as a gatekeeper of form and timing.
Who pays: licence applicants pay the fee in reg 10; AEMO‑registered entities pay the cost of producing the weekly website publications and maintaining chronological archives in a Regulator‑approved format; applicants seeking connections bear costs and administrative burdens to meet information requests and possibly to agree timing; applicants who are small generator operators benefit from licence exemptions that reduce regulatory cost.
Who decides: the Regulator decides acceptable publication formats and can ask for information; the relevant electricity entity decides, in many instances, what it is "reasonably satisfied" about for timing exceptions (reg 16(1)); planning authorities decide whether the conditions for not notifying transmission entities are met (reg 7A).
The effects on private actors are concrete: small generator exemption lowers upfront regulatory friction for specific actors; weekly publication requirements impose ongoing operating costs and potential commercial consequences for hydro generators; connection timeframes confine relevant entities to default deadlines unless the parties agree to different ones or an exception applies, creating contractual and operational incentives around the timing and quality of applications.
Key duties and rights
The regulations allocate specific duties and entitlements to named actors. Below are the principal duties, with section references and practical consequences.
Publication and recordkeeping duties for AEMO‑registered electricity entities
Duty to publish prescribed information in Schedule 1 if the entity is AEMO‑registered and authorised to generate hydro (regulation 6; Schedule 1 item 1). The prescribed items are detailed: amount of energy in storage in each headwater (GWh and percentage of maximum), whether storage rose/fell/remained static over previous 24 hours, and which power stations use water from each headwater (Schedule 1).
Timing and form obligations: the information must be published once a week, no later than 24 hours after the chosen measurement time; published on a website maintained by or on behalf of the entity; in a form approved by the Regulator (regulation 7(1)(a)-(b)). The measurement time must be the same each week unless the Regulator and the entity agree to another time (regulation 7(2)). Entities must keep the data from the weekly publications in chronological order in a form approved by the Regulator on the website (regulation 7(3)). Entities may also publish in other ways (regulation 7(4)).
Right to agree alternative measurement time with Regulator (regulation 7(2)). This is an explicit negotiation point.
Connection service duties (relevant entities)
The process is staged: assessment, design, connection (regulation 14). Each stage is defined in reg 13.
Default maximum completion times from the application date are set by scale:
Small‑scale works: assessment 10 business days; design 25 business days; connection 45 business days (reg 15(2)(a)).
Medium‑scale works: assessment 15; design 35; connection 60 business days (reg 15(3)(a)).
Large‑scale works: assessment 30; design 80; connection 160 business days (reg 15(4)(a)).
Parties may agree alternative times (reg 15(2)(b), (3)(b), (4)(b)).
Exceptions where timing does not apply are set out (reg 16(1)): emergency events (flood, fire, natural disaster) if the entity reasonably concludes resources must be diverted; inability to access the physical location; inability to complete a stage because work by a third party is not yet done.
Clock‑stopping mechanism: if the relevant entity requires information from an applicant or retailer, it must request it as soon as practicable; timing ceases to run from the day of the request until five days after the relevant entity is satisfied with the information (reg 16(2)(a)-(b)).
Energisation and re‑energisation duties (distributors)
Definitions draw from the National Energy Retail Law (Tasmania) (reg 11(1)). Relevant period definitions depend on prior connection and whether network changes/extension are required (reg 11(1) definitions).
If a small customer becomes entitled to re‑energisation under Rule 121 of the National Energy Retail Rules, and the retailer's request is made before 4pm on a business day, the distributor must re‑energise, if practicable, on the same day, or otherwise the next business day (reg 11(2)).
Agreements between distributor and retailer to energise on a particular day must be honoured (reg 11(3)). Where the agreement does not specify a day, the distributor must energise within the "relevant period" for the premises after entering the agreement (reg 11(4)).
Information‑request powers of the Regulator
The Regulator may, by written notice, require an authorised retailer or electricity entity to keep specified information in a manner and form specified and to provide copies to the Regulator in the form and within the time specified (reg 12(1)). The recipient must comply (reg 12(2)).
Licence exemptions and fee
A licence authorising generation is not required where generation capacity is 5 MW or less, or where a generator is not normally connected or has a primary function other than generation for sale and the electricity is not sold (reg 5(1)(a)-(b)).
A licence for transmission or distribution is not required by a person who transmits or distributes electricity purchased from a person not required to be licensed to generate (reg 5(2)).
Retail licence exemptions in Bass Strait Islands are provided for retailing using no facilities beyond point of purchase, sales only to other licence holders, caravan park/building/shopping centre owners selling to occupants/tenants (reg 5(3)(a)-(e)).
Fee payable on application under s 18 of the Act for a licence is 330 fee units (reg 10). The fee is a fixed number of fee units; conversion to currency depends on the fee unit value in force under other legislation.
Minor environmental impact classification
Works listed in reg 8(a)-(g) are classified as being of minor environmental impact for the Act’s purposes, including specified activities on private land (reg 8(ca) insertion).
Authorised electricity supply line definition
An electricity supply line is authorised (for s 111(3)(b) purposes) if it connects a property to a distribution network connection point on public land, is installed underground beyond the property boundaries, and does not supply other properties (reg 9A).
Rights and limits
Many duties can be modified by agreement between the relevant entity and applicant (regs 15(2)(b), 15(3)(b), 15(4)(b)). The Regulator’s approval and written notices are a recurring legal instrument. The regulations do not themselves create detailed civil remedies or express monetary penalties for each breach; they instead prescribe procedural compliance requirements and vest enforcement tools with the Regulator and the Act.
Each duty above creates an operational compliance burden, and each right to agree alternative timing creates commercial negotiation points that parties can exploit or be required to use.
Penalties and enforcement
The regulations themselves provide mechanisms for compulsion and leave most enforcement architecture to the Act and the Regulator. The provisions set out where the Regulator can require action and where compliance is mandatory, but the regulations rarely create standalone criminal or monetary penalties within their text. The enforcement picture under the regulations is therefore twofold: (a) direct mandatory obligations backed by explicit "must" language; and (b) regulatory discretion that can be exercised under the Act.
Direct compulsion in the regulations
Regulation 12 gives the Regulator power to require in writing that an authorised retailer or electricity entity keep specified information in the manner and form specified and provide copies of that information within the time specified (reg 12(1)). The recipient "must comply" with the notice (reg 12(2)). That "must comply" language creates a clear statutory duty to obey a Regulator notice; the regulations make the obligation mandatory without specifying the sanction for non‑compliance. The Act will need to be consulted for the available enforcement powers and penalties the Regulator may employ for non‑compliance with notices under the Act.
Obligations with mandatory language
Publication and recordkeeping duties for AEMO‑registered entities are mandatory (reg 6 prescribes the information; reg 7 sets how and when it must be published and kept). Regulation 7(3) requires keeping the weekly publication data in chronological order in a form approved by the Regulator. The regulations use "must" and "is to be" language for these obligations, indicating compulsion rather than guidance. Again, the specific enforcement steps, fines or remedial orders are not specified in the regulation text.
Timing obligations for relevant entities
The connection timeframes in reg 15 are expressed as times "by which a relevant entity is to complete each stage" for various scales. The existence of those statutory timeframes entitles applicants to expect those maximum durations; remedies for breach will be determined by the Act and any applicable dispute resolution or enforcement regime the Act provides. The regulations also build in exceptions where timing does not apply (reg 16), which are subject to reasonableness assessment by the relevant entity.
Discretion and standards
Several key enforcement tensions arise because the regulations rely on standards that are inherently discretionary: "in the reasonable opinion of the relevant entity" for defining large‑scale works (reg 13), "reasonably satisfied" for timing exceptions (reg 16(1)), and "form approved by the Regulator" for publication format (reg 7(1)(b)). Enforcement therefore will require administrative review of those discretionary choices, usually against the procedural fairness and reviewable decision standards in administrative law. The regulations do not themselves set objective criteria for those standards.
Missing penalties in the regulations
The regulations do not set out express monetary penalties, infringement notices or criminal sanctions for failure to publish Schedule 1 data, to meet connection timeframes, or to comply with Regulator notices. That omission is not unusual for subordinate instruments; enforcement mechanisms and penalties are generally housed in the primary legislation (the Act). For any enforcement or sanction for non‑compliance, reference must be made to the Act and the Regulator’s statutory powers under that Act.
Practical enforcement instruments available to the Regulator (as implied)
Notices requiring information (reg 12).
Approval powers over format and timing (reg 7), which can be used to impose compliance expectations that are then enforceable under reg 12 notices.
The Act’s enforcement regime (not reproduced here) will determine formal remedies, infringement notice regimes, administrative penalties, directions and the scope for tribunal or court review of regulatory decisions.
Implementation and compliance risk
The presence of mandatory publication and information obligations gives the Regulator strategic leverage: timely notices and format approvals can impose recurring compliance burdens, and failure to meet those obligations will expose a licensee or entity to enforcement under the Act. The discretionary standards in the regulations create risks of disputes and challengeable decisions (for example, whether a delay was caused by a disaster or whether the relevant entity is "reasonably satisfied" with information supplied).
To determine the specific penalties available for breaches of these regulations, a reader must consult the enforcement provisions of the Electricity Supply Industry Act 1995 and any penalty schedules or infringement notice instruments made under that Act.
How it interacts with other laws
The regulations explicitly cross‑reference numerous provisions of the Electricity Supply Industry Act 1995 and other instruments. They function as implementing detail for statutory powers and interact with planning, national energy rules, and broader regulatory frameworks.
Interactions with the Electricity Supply Industry Act 1995
The regulations are framed to give effect to specified sections of the Act. Examples:
Regulation 4 prescribes certain plants as "historic electricity generating plants" for the purposes of s 39 of the Act.
Regulation 6 prescribes information an electricity entity must publish as a condition of its licence under s 22(1)(j) of the Act.
Part 3 (regs 13-16) implements the process and timing requirements contemplated by s 44O and related provisions about connections (see regs 13 and 14 referencing s 44O).
Regulation 9A is expressly for the purposes of s 111(3)(b) of the Act.
Regulation 8 classifies minor environmental impact works for the purposes of sections 52(5) and 57(b) of the Act.
Regulation 9 sets requirements for land acquisition under s 56 of the Act.
The regulations therefore operate as subordinate legislation implementing and specifying how the Act’s procedural and substantive powers are to be applied. Any enforcement or penalty consequences for breaches of the instrument will be exercised under the Act’s enforcement provisions.
Interactions with the National Electricity Rules and the National Energy Retail Law (Tasmania)
The definitions and duties refer to national instruments:
"AEMO‑registered electricity entity" is defined by reference to registration required under the National Electricity Rules (reg 3).
Energisation, re‑energisation and distributor definitions are taken from the National Energy Retail Law (Tasmania) for the energisation timing rules (reg 11(1)).
Reg 11(2) explicitly references Rule 121 of the National Energy Retail Rules for re‑energisation entitlements.
This indicates that the regulations operate in a layered regulatory environment: national market and retailer rules govern many operational matters, and these Tasmanian regulations slot in to provide local timeframes and administrative rules where the Act allows.
Interaction with the Tasmanian Planning Scheme and Land Use Planning and Approvals Act 1993
Regulation 7A uses the Tasmanian Planning Scheme as the definitional framework for zones, permitted use classes, heritage precincts and setbacks. It also refers to the Land Use Planning and Approvals Act 1993 by reference to the Tasmanian Planning Scheme (reg 7A(3)).
The planning notice carve‑outs therefore directly modify the interface between planning authorities and transmission entities under s 44L(2)(b) of the Act: in specified lower‑impact residential circumstances, the planning authority need not notify the relevant transmission entity.
Interaction with fee instrument and fee units
Regulation 10 fixes the licence application fee at "330 fee units". The monetary value of a fee unit is determined elsewhere in the Tasmanian statutory scheme (usually a Schedule to another Act or regulation), so readers must consult the current fee unit value to convert this to dollars.
Interaction with environmental and land acquisition law
The minor environmental impact classification (reg 8) ties into the Act’s permitting and environmental assessment processes (s 52(5) and s 57(b)), potentially changing the assessment pathway for works listed.
Regulation 9 imposes specific land area and use requirements for acquisitions under s 56 of the Act, limiting compulsory acquisition parcels to not greater than 1,500 square metres and specifying eligible infrastructure uses.
Broader administrative law
The regulations grant significant discretionary powers to the Regulator and to "relevant entities" (for example, the ability to be "reasonably satisfied" about particular facts). Those decisions will be subject to procedural fairness and administrative law review within the Tasmanian administrative law framework, as with all statutory decision‑making.
Practical implications of interaction
Entities operating in the electricity sector must coordinate compliance with multiple overlapping instruments: national rules (AEMO, National Energy Retail Rules), the Act, these regulations, local planning schemes and environmental law. Timing rules in these regulations may interact with national market timeframes, and the Regulator’s approval of publication formats may need to accommodate AEMO systems and market disclosure laws. Users must map compliance obligations across instruments to avoid gaps or conflicting duties.
Amendment history
The regulations incorporate several amendments and insertions noted within the text. The amendment history recorded in the regulation body provides the specific amendments and their application dates.
Key amendments recorded in the text
Part 1 heading and multiple provisions marked as "inserted by S.R. 2021, No. 132, Applied: 01 Jan 2022." The insertion of regs 13-16 (Part 3 connection service standards) and related definitions are shown as added by S.R. 2021 No. 132 with an applied date of 1 January 2022 (see reg 13 note, reg 14 and reg 15 notes).
Regulation 8 was amended by S.R. 2021, No. 132, applied 01 Jan 2022, specifically adding item (ca) that includes the installation or erection of powerlines on and over private land to individual lots and structures (reg 8(ca) and the amendment note).
Regulation 7A was inserted by S.R. 2022, No. 61, applied 17 Aug 2022 (see reg 7A note). That insertion created the planning authority notice carve‑outs linked to the Tasmanian Planning Scheme.
Regulation 9A was inserted by S.R. 2025, No. 43, applied 01 Oct 2025 (see insertion note); it defines "authorised electricity supply line" for s 111(3)(b) purposes.
The regulations were originally commenced on 18 December 2018 (regulation 2). The Gazette notice indicates the regulations were notified on 18 December 2018.
Form of amendment annotations
Each inserted or amended regulation bears a marginal note indicating the amending statutory rule number and the date it applied. These notes are the only amendment history contained in the text provided. The amendments indicate an incremental updating of the regulations to address connection service standards (2021), planning notice exemptions (2022), and the authorised supply line definition (2025).
What this history signals
The regulated framework has been iteratively developed to respond to policy or operational needs: Part 3 connection service standards and the additions to reg 8 were applied in 2022 to provide staged timeframes and to clarify minor environmental impact works; reg 7A (2022) reduced planning notification burdens in specific residential contexts; reg 9A (2025) clarified what counts as an authorised supply line, a detail relevant to easement and access rights.
The amendment notes are the authoritative in‑text record of when the provisions changed; readers who need the legislative timeline for litigation or compliance should consult the statutory rules cited (S.R. 2021 No. 132; S.R. 2022 No. 61; S.R. 2025 No. 43) and the Gazette notices to trace the legislative history precisely and to see any explanatory memoranda accompanying those amending instruments.
Limitations of the amendment record here
The provided text contains only the amendments specifically annotated in the instrument. There may be other historical versions or prior amendments not annotated in the supplied extract. For a complete change log, consult the consolidated legislation database that records all variations and the parent amending instruments themselves.
Litigation history
The regulations do not name any judicial or tribunal decisions, and the text contains no cited case law. The instrument is subordinate legislation; litigation arising from these rules would typically challenge administrative decisions under the Act (for example, Regulator notices, refusal to approve a format, failure to meet connection timing, or disputes about technician access and works). None of those disputes or cases are recorded in the regulation text.
What to expect in litigation contexts
Likely grounds for legal challenge would be administrative decisions made under the discretionary phrases used in the regulations: "reasonably satisfied" (regs 16(1)), "in the reasonable opinion of the relevant entity" (reg 13), and "form approved by the Regulator" (reg 7). Such challenges would typically be brought in Tasmanian tribunals or courts under administrative law principles and could involve judicial review or merits review mechanisms available under Tasmanian law.
Disputes about the interpretation of "application date", the operation of clock‑stopping under reg 16(2) (whether a request was made "as soon as practicable", and whether the information supplied satisfied the relevant entity), or whether a particular work falls within reg 8’s "minor environmental impact" list could be the factual and legal focus of litigation.
The regulations reference national instruments (National Electricity Rules; National Energy Retail Rules). Litigation or disputes may also interact with national processes and bodies (for example, AEMO or dispute procedures under the national framework).
Practical note for practitioners
Because the regulations provide the procedural scaffolding for obligations (timings, publication form, Regulator notice powers), litigation is more likely to target how those provisions were applied in a particular fact pattern than the textual provisions themselves. Practitioners should therefore treat the Act, the Regulator’s policies, any Regulator decisions, and amending statutory rules as the fuller context for litigation research, in addition to these regulations.
Gotchas
The regulations are precise but contain several practical traps and friction points that commonly produce compliance breaches, disputes or delays. Below are the notable "gotchas" drawn from the text and their operational implications.
Measurement time and 24‑hour window (reg 7)
AEMO‑registered entities must publish Schedule 1 information once a week, no later than 24 hours after the chosen measurement time (reg 7(1)(a)). The measurement time must be the same each week unless another time is agreed with the Regulator (reg 7(2)). If an entity fails to set a consistent measurement time, or misses the 24‑hour publication window, it will be out of compliance. The interplay between the measurement time and the 24‑hour publication requirement demands an operational schedule and systemised data capture to avoid late publication.
Regulator approval of format (reg 7(1)(b); reg 7(3))
The publication must be in "a form approved by the Regulator" and the weekly data kept "in a form approved by the Regulator" on the website. Approval is discretionary and could require reformatting or technical changes after initial publication. Entities should seek approval early and secure it in writing to avoid having to rework archives to meet an approval that arrives later.
Chronological archive obligation (reg 7(3))
The obligation to keep the weekly publication data "in chronological order and in a form approved by the Regulator" on the same website adds an archival compliance layer. If approval later requires a different format, retrofitting historical data could be burdensome.
Multiple provisions rely on subjective assessments by the relevant entity: whether a work is "complex in nature" (defining large‑scale works, reg 13) or whether the entity is "reasonably satisfied" that a delay is necessary due to emergencies or access issues (reg 16(1)). These standards are fact‑sensitive and therefore fertile ground for dispute,applicants should document requests and the facts that justify an entity’s satisfaction to reduce litigation risk.
Clock stopping and "satisfaction" (reg 16(2))
The clock ceases to run from the day the relevant entity requests information until five days after the relevant entity is "supplied, to the satisfaction of the relevant entity" with the information. The phrase "to the satisfaction of the relevant entity" is circular and permits the entity to take a view on sufficiency. Applicants must therefore be proactive in ensuring their information meets the entity’s expectations and should obtain written confirmation when the entity is satisfied so the pause period is objectively bounded.
Application date is acceptance date (reg 15(1))
The "application date" is the day the application or relevant notice is provided to, and accepted by, the relevant entity. An applicant cannot assume the clock starts on lodgement , it starts on acceptance. Procedural care is needed to get written acknowledgement of acceptance.
Exemptions have detailed triggers (reg 5; reg 7A)
The licence exemptions are narrow and have multiple components. For example, the generator exemption for "[not] normally connected to a power system or has a primary function other than generation for sale" is tied to the additional requirement that the electricity is "not sold" (reg 5(1)(b)(i)-(ii)). Similarly, the Bass Strait Islands retail exemptions are limited to defined factual scenarios (reg 5(3)). Misclassifying activity as exempt could lead to operating without a required licence.
The planning notice exemption in reg 7A has many conjunctive criteria (zone, permitted use class, heritage absence, setback >3 metres, unencumbered title), and is subject to exceptions when the application seeks subdivision of more than 5 lots or development of more than 5 dwellings. Planning authorities and applicants should check each criterion carefully.
Timing maxima versus agreement (regs 15(2)-(4))
The regulated maximum times can be shortened or extended by agreement between the relevant entity and applicant. This creates negotiation leverage. However, parties who sign an agreement must ensure the new timelines are written and clear, otherwise default statutory timeframes remain in force.
Regulator notices are mandatory and broad (reg 12)
The Regulator can require retailers or entities to keep any information in specified manner and provide copies. The breadth of power means entities may face bespoke reporting burdens on short notice; they should have data governance systems capable of rapid extraction and formatting.
Minor environmental impact inclusions (reg 8(ca))
The insertion of reg 8(ca) that includes the installation or erection of powerlines on, and over, private land to individual lots and structures for distribution or supply of electricity makes certain private‑land activities eligible for the "minor environmental impact" pathway. Practitioners must verify whether their project fits the exact wording (for example, "to individual lots and structures") rather than assuming all private‑land works are minor.
Fee unit valuation (reg 10)
The licence application fee is set in fee units (330 fee units). The dollar cost depends on the current fee unit value. Applicants should check the current fee‑unit conversion not to be surprised by the effective dollar fee.
Authorised supply line narrowness (reg 9A)
The authorised electricity supply line definition is narrow: underground beyond property boundaries, single property supplied, connected to a public‑land connection point. This narrowness may limit the ability to rely on s 111(3)(b) protections for other types of connections; property owners and installers should confirm whether their supply line meets all three prongs.
Record of Gazette and administration
The regulations note the date of Gazette notification and that they are administered by the Department of State Growth. Administrative queries or transition questions should be directed to that department.
In short, the principal operational gotchas concern timing windows, subjective standards of satisfaction, the Regulator’s approval discretion, narrowness of exemptions and the need for careful documentary proof of acceptance, satisfaction and agreement.
How to comply
This section provides a practical compliance checklist and suggested controls targeted to the different roles that the regulations affect. Each step is tied to the relevant regulation citations.
For AEMO‑registered electricity entities (hydro operators)
Establish measurement time and notify the Regulator. Select a fixed weekly measurement time, document it, and either use the default or obtain the Regulator’s written agreement for an alternate time (reg 7(2)).
Implement an automated weekly data capture and publication process to meet the 24‑hour deadline after the measurement time. The publication must occur no later than 24 hours after the measurement time and once per week (reg 7(1)(a)).
Seek early approval of the publication form. Submit draft web presentation and archival format to the Regulator for approval and retain written approval evidence (reg 7(1)(b), reg 7(3)). Aim to secure a format that is both human‑readable and machine‑readable where practical.
Maintain a chronological archive on the same website in the Regulator‑approved form. Ensure change control and retention policies capture and preserve each weekly publication in order (reg 7(3)). Implement checksums or snapshots to defend against claims of missing data.
Ensure Schedule 1 compliance. For each headwater listed in Schedule 1, publish energy in storage (GWh and percentage), the 24‑hour trend (rose/fell/static), and the list of power stations using that headwater (Schedule 1 item 1).
Prepare a public explanation of methodology (measurement definitions and calculation method) to reduce dispute risk about the "energy in storage" calculation; while the regulations do not prescribe methodology beyond Schedule 1’s definitional note, providing transparency can reduce Regulator queries and market disputes.
For applicants seeking connection (developers, large customers, installers)
Classify your works early as small, medium or large per reg 13 to know statutory maximums (reg 13; reg 15). Where your maximum demand is near a threshold, obtain a written determination from the relevant entity if necessary.
Manage the "application date." Obtain written acceptance from the relevant entity that your application has been received and accepted so you can objectively know when statutory timeframes start (reg 15(1)).
Provide full information promptly. If an entity requests information, provide it quickly and in the format requested; the statutory timing ceases on request and resumes five days after the entity is satisfied with the information (reg 16(2)). Ask the entity to confirm in writing when it is satisfied, to fix the clock resumption point.
Consider agreeing alternative timeframes for complex works. Where a mutual commercial timetable is needed, document the agreed periods for each stage to avoid ambiguity (reg 15(2)(b), (3)(b), (4)(b)).
Prepare for exceptions and possible delays: plan contingencies for emergencies, access issues or third‑party works that can lawfully extend timelines under reg 16(1).
For distributors and retailers (energisation obligations)
Implement operational procedures to meet re‑energisation rules. If a retailer requests re‑energisation before 4pm on a business day for a small customer (Rule 121 of the National Energy Retail Rules), the distributor should have field crews or workarounds to re‑energise the same day if practicable, or otherwise the next business day (reg 11(2)).
Honour retailer‑distributor agreements. If you agree on a particular energisation day, ensure resource allocation and crew scheduling enables compliance (reg 11(3)). If an agreement is silent on a day, prepare to energise within the relevant statutory period (reg 11(4)).
For planning authorities and transmission entities
Apply reg 7A criteria exactly. Before deciding to omit a notice to the relevant transmission entity, check all conjunctive criteria in reg 7A(1)(a)-(f) and reg 7A(1)(g)-(h) exceptions. Verify zoning, permitted use, heritage status, setback measurement and title encumbrances against the Tasmanian Planning Scheme (reg 7A and reg 7A(3)).
Keep documentation. When you decide not to notify under reg 7A, record the facts and the local plan evidence justifying non‑notification to avoid later procedural challenge.
For licence applicants and licence holders
Pay the fee. Include payment of 330 fee units with the application under s 18 of the Act (reg 10). Confirm the current fee‑unit conversion to budget properly.
Check for exemptions. Before applying for a licence, consider whether a statutory exemption in reg 5 applies (generation ≤5 MW; non‑connected non‑sold generators; retailing exemptions in Bass Strait Islands). Where exemptions are relied on, keep clear operational records demonstrating the factual basis (e.g. evidence electricity is not sold).
General compliance controls and housekeeping
Data governance and IT controls. Implement a reliable website publishing pipeline, timestamped and archived, with access logs and immutable snapshots. Ensure archival formats are compatible with Regulator requirements and provide machine‑readable exports if asked.
Written communication. Seek written approvals, written acceptance of applications, written confirmations of satisfaction when information is supplied and written agreements when parties vary statutory timeframes.
Policy and training. Train staff on the meaning of "application date", the clock‑stopping rule, the exceptions to timing and the Regulator’s information notice process to reduce inadvertent non‑compliance.
Liaison with the Regulator. Early engagement with the Regulator on format approvals, measurement times and possible bespoke reporting can reduce the risk of subsequent notices under reg 12 that impose ad hoc reporting requirements.
Audit and review
Maintain an internal compliance register mapping obligations in these regulations to owners, deadlines and evidence. Periodic internal audits should verify that weekly publications occurred within 24 hours, that archives are chronological and that licence fee payments are current.
Document preservation
Keep all correspondence with the Regulator and with relevant entities focused on acceptance, satisfaction and agreement to ensure there is documentary evidence to justify the start and stop points of statutory clocks.
If in doubt about enforcement consequences or wider statutory obligations, consult the Electricity Supply Industry Act 1995 and consider legal advice because these regulations operate in the context of the Act and national rules.
(2) A licence authorising the transmission or distribution of electricity is not required by a person transmitting or distributing electricity which was purchased from a person who is not required to be licensed to generate electricity.
(3) A licence authorising the retailing of electricity in the Bass Strait Islands is not required by –
(a) a person retailing electricity who does not use any facilities that are used by another person holding a licence authorising the transmission or distribution of electricity, beyond the point of purchase of the electricity; or
(b) a person who sells electricity only to another person who holds a licence authorising the retailing of electricity; or
(c) the owner of a caravan park who sells the electricity to a person occupying a site within the park; or
(d) the owner of a building who sells the electricity to a person occupying part of the building; or
(e) the owner or manager of a shopping centre who sells the electricity to tenants of the centre.
6 Prescribed information to be published as condition of licence
6 Prescribed information to be published as condition of licence
For section 22(1)(j) of the Act, the information specified in Schedule 1 is prescribed as the kind of information to be published by the electricity entity in relation to its energy production capability if it is an AEMO-registered electricity entity.
7 How prescribed information to be published
7 How prescribed information to be published
(1) The information specified in Schedule 1 is to be published –
(a) once a week, no later than 24 hours after the measurement time referred to in that Schedule; and
(b) on a website maintained by or on behalf of an AEMO-registered electricity entity in a form approved by the Regulator.
(2) For the purpose of subregulation (1)(a) , the measurement time is to be the same for each weekly publication, unless the AEMO-registered electricity entity and the Regulator agree on another time.
(3) An AEMO-registered electricity entity must keep the data from the weekly publications, in chronological order and in a form approved by the Regulator, on the website referred to in subregulation (1)(b) .
(4) This regulation is not to be taken as preventing an AEMO-registered electricity entity from also publishing the information specified in Schedule 1 in other ways.
7A When planning authority not required to notify relevant entity of planning application
7A When planning authority not required to notify relevant entity of planning application
[Regulation 7A Inserted by S.R. 2022, No. 61, Applied:17 Aug 2022]
(1) For the purposes of section 44L(2)(b) of the Act, a planning authority is not required to provide to the relevant transmission entity the relevant notice in relation to an application for a permit in relation to a use or development if –
(a) the use or development is inside a General Residential Zone, an Inner Residential Zone or a Low Density Residential Zone, all within the meaning of the Tasmanian Planning Scheme; and
(b) the use or development is in a Permitted Use Class specified in the applicable Use Table in the Tasmanian Planning Scheme; and
(c) the use or development is outside any local heritage precinct, local heritage place or local historic landscape precinct, all within the meaning of the Tasmanian Planning Scheme; and
(d) the application is for a use or development of a place that is not entered on the Tasmanian Heritage Register, within the meaning of the Tasmanian Planning Scheme; and
(e) the use or development has a setback more than 3 metres from a boundary that abuts public land or a road, both within the meaning of the Tasmanian Planning Scheme; and
(f) the use or development is on a title that is unencumbered by a wayleave or easement benefitting any electricity infrastructure –
unless the application is for –
(g) a subdivision of more than 5 lots; or
(h) a development for more than 5 dwellings.
(2) For the purposes of section 44L(2)(b) of the Act, a planning authority is not required to provide to the relevant transmission entity the relevant notice in relation to an application for a permit for –
(a) signage; or
(b) a retaining wall; or
(c) a pergola, arch, trellis, frame or other similar garden structure.
(3) In this regulation –
Tasmanian Planning Scheme means the Tasmanian Planning Scheme established under the Land Use Planning and Approvals Act 1993 .
8 Work of minor environmental impact
8 Work of minor environmental impact
For sections 52(5) and 57(b) of the Act, the following work is classified as being of minor environmental impact:
(a) the removal, repair, maintenance or modification of existing powerlines for the transmission, distribution or supply of electricity;
(b) the removal, repair, maintenance or modification of an existing substation or a transformer associated with the transmission, distribution or supply of electricity;
(c) the installation or erection of powerlines along any public street, road or highway and on public land for the distribution or supply of electricity;
(ca) [Regulation 8 Amended by S.R. 2021, No. 132, Applied:01 Jan 2022] the installation or erection of powerlines on, and over, private land to individual lots and structures, for the distribution or supply of electricity;
(d) the laying, removal, repair, maintenance or modification of any underground cable for the distribution or transmission of electricity;
(e) the clearing or lopping of trees, branches or other vegetation to the extent necessary for the protection of electricity infrastructure or public safety;
(f) the installation and erection of any substation or transformer associated with the distribution or supply of electricity;
(g) the installation, erection, removal, repair, maintenance, modification, or use, on land, of any electricity generating plant that –
(i) is not used, or intended by the Hydro-Electric Corporation to be used, to generate electricity for more than 12 months after the plant is installed or erected on the land; and
(ii) is installed or erected on land that is, or on land that is adjacent to, land on which there is already situated an electricity generating plant, substation or switchyard or on which not less than 200 gigawatt hours of electricity was consumed during the previous calendar year.
9 Requirements for section 56 of Act
9 Requirements for section 56 of Act
(1) For section 56(1)(b) of the Act, the area of the land is to be not greater than 1 500 square metres.
(2) For section 56(1)(c) of the Act, the use or proposed use of the land acquired under the Act for the purposes of electricity infrastructure is to comply with at least one of the following requirements:
(a) a substation or transformer associated with the distribution or supply of electricity is to be installed or erected on the land;
(b) an underground cable for the distribution or transmission of electricity is to be laid, removed, repaired, maintained or modified on the land;
(c) a communication tower or associated facility is to be installed or erected on the land.
9A Authorised electricity supply line
9A Authorised electricity supply line
[Regulation 9A Inserted by S.R. 2025, No. 43, Applied:01 Oct 2025] For the purposes of section 111(3)(b) of the Act, an electricity supply line that –
(a) is installed for the purpose of connecting property occupied by a person to a connection point of a distribution network that is on public land; and
(b) is installed underground beyond the boundaries of the property specified in paragraph (a) ; and
(c) does not supply electricity to any property other than the property specified in paragraph (a) –
is an authorised electricity supply line.
10 Licence application fee
10 Licence application fee
The fee payable on application under section 18 of the Act for a licence to carry on operations in the electricity supply industry is 330 fee units.
11 Time in which energisation, or re-energisation, of premises is to occur
11 Time in which energisation, or re-energisation, of premises is to occur
(1) In this regulation –
distributor has the same meaning as it has in the National Energy Retail Law (Tasmania);
energisation has the same meaning as it has in the National Energy Retail Law (Tasmania);
re-energisation has the same meaning as it has in the National Energy Retail Law (Tasmania);
relevant period, in relation to premises, means –
(a) if the premises have previously been connected to the distribution network –
(i) one business day, if changes to the distribution network are not required to enable the energisation of the premises to occur; or
(ii) 10 business days, if changes to the distribution network are required to enable the energisation of the premises to occur; or
(b) if the premises have not previously been connected to the distribution network –
(i) 10 business days, if no extension of the distribution network is required to enable the energisation of the premises to occur; or
(ii) 40 business days, if extension of the distribution network is required to enable the energisation of the premises to occur.
(2) If a small customer becomes entitled to re-energisation of the customer's premises under Rule 121 of the National Energy Retail Rules and the retailer's request to the distributor for re-energisation of the premises is made before 4 p.m. on a business day, the distributor must re-energise the premises –
(a) if practicable, on the same day; or
(b) if it is not practicable to re-energise the premises on the same day, on the next business day.
(3) A distributor who has made an agreement with a retailer to provide, on a particular day, energisation of a small customer's premises is to provide energisation to the premises on that day.
(4) If a distributor has made an agreement with a retailer to provide energisation of a small customer's premises but the agreement does not specify a day on which the distributor is to provide energisation to the premises, the distributor is to provide energisation to the premises within the relevant period in relation to the premises after entering into the agreement.
12 Regulator may impose certain requirements in relation to information
12 Regulator may impose certain requirements in relation to information
(1) The Regulator may, by notice in writing to an authorised retailer or an electricity entity, require the retailer or entity –
(a) to keep, in the manner and form specified in the notice, the information specified in the notice; and
(b) to provide to the Regulator copies of such information in the manner and form, and within the time, specified in the notice.
(2) An authorised retailer, or an electricity entity, to which a notice under subregulation (1) is given must comply with the requirements of the notice.
Part 3 Connection Service Standards
Part 3 Connection Service Standards
13 Interpretation of Part
13 Interpretation of Part
[Regulation 13 Inserted by S.R. 2021, No. 132, Applied:01 Jan 2022]
(1) In this Part –
applicant, in relation to an application, means the person who made the application;
application means an application for a permit for a development or use that requires a relevant entity to make a connection to relevant electricity infrastructure;
assessment stage means the stage of works that includes –
(a) the assessment or determination of the scope of the works; and
(b) the issue of a letter of response;
connection letter of offer means a letter, issued by a relevant entity to an applicant, that confirms the details of the design stage of the works to which the applicant’s application relates;
connection stage means the stage of works that includes –
(a) the construction of relevant electricity infrastructure, to a point of supply that has been agreed between the relevant entity and the applicant; and
(b) the inspection and approval of relevant electricity infrastructure, including infrastructure for connections, that has been
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