Electricity Act 1996 (SA)

South Australia Electricity Act 1996 An Act to regulate the electricity supply industry; to make provision for safety and technical standards for electrical installations; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation 5 Crown bound 6 Other statutory requirements not affected Part 2—Administration Division 1—Essential Services Commission 6A Functions and powers of Commission Division 3—Technical Regulator 7 Technical Regulator 8 Functions of Technical Regulator 9 Delegation 10 Technical Regulator's power to require information 11 Obligation to preserve confidentiality 14 Annual report Division 4—Advisory committees 14A Consumer advisory committee 14B Technical advisory committee 14C Other advisory committees Part 3—Electricity supply industry Division A1—Declaration as regulated industry 14D Declaration as regulated industry Division A2—Application of provisions 14E Application of provisions Division 1—Licensing of electricity entities 15 Requirement for licence 16 Application for licence 17 Consideration of application 17A Licences may be held jointly 18 Authority conferred by licence 19 Term of licence 20 Licence fees and returns 21 Licence conditions 22 Licences authorising generation of electricity 23 Licences authorising operation of transmission or distribution network 24 Licences authorising retailing 24A Licences authorising system control 24B Licence conditions and national energy laws 25 Offence to contravene licence conditions 27 Variation of licence 28 Transfer of licence 28A Consultation with consumer bodies 28B Notice of licence decisions 29 Surrender of licence 30 Register of licences 30A Licence is not personal property for the purposes of Commonwealth Act Division 2—System controller 31 Functions and powers of system controller 34 Remuneration of system controller 35 Obligation to preserve confidentiality Division 2A—Price regulation 35A Price regulation by Commission 35B Initial electricity pricing order Division 3—Standard terms and conditions for sale or supply 36 Standard terms and conditions for sale or supply Division 3AA—Special provisions relating to small customers 36AA Provision for standing contract with small customers 36AB Provision for default contract with small customers Division 3AB—Feed‑in mechanisms 36AC Interpretation 36AD Feeding electricity into networks—requirements on holder of licence authorising retailing 36AE Feeding electricity into networks—requirements on holder of licence authorising operation of distribution network Division 3AC—Contestable services 36AF Contestable services Division 3A—Protection of property in infrastructure 36A Electricity infrastructure does not merge with land 36B Prevention of dismantling of electricity infrastructure in execution of judgment Division 4—Suspension or cancellation of licences 37 Suspension or cancellation of licences Division 5—Commission's powers to take over operations 38 Power to take over operations 39 Appointment of operator Part 4—Electricity entities' powers and duties Division 1—Electricity officers 41 Appointment of electricity officers 42 Conditions of appointment 43 Electricity officer's identity card 44 Production of identity card Division 1A—General investigative powers of electricity officers 44A General investigative powers of electricity officers Division 2—Powers and duties relating to infrastructure 45 Entry on land to conduct surveys etc 46 Acquisition of land 47 Power to carry out work on public land 48 Entry for purposes related to infrastructure 48A Easements and access to infrastructure for data transmission and telecommunications Division 3—Powers relating to installations 49 Entry to inspect etc electrical installations 50 Entry to read meters etc 51 Entry to disconnect supply 52 Disconnection of supply if entry refused Division 4—Powers and duties in emergencies 53 Electricity entity may cut off electricity supply to avert danger 54 Emergency legislation not affected Part 5—Clearance of vegetation from powerlines Division 1—Duties and powers in relation to vegetation clearance 55 Duties in relation to vegetation clearance 55AA Powers of electricity entity in relation to vegetation clearance Division 2—Vegetation clearance schemes in prescribed areas Subdivision 1—Content and nature of schemes 55A Vegetation clearance schemes Subdivision 2—Disputes about schemes 55B Vegetation clearance scheme dispute 55C Circumstances in which Technical Regulator not obliged to determine dispute 55D Determinations 55E Principles to be taken into account 55F Conduct of proceedings 55G Giving of relevant documents to Technical Regulator 55H Power to obtain information and documents 55I Confidentiality of information 55J Termination of proceedings for determination 55K Procedure for giving determination 55L Costs Subdivision 3—Enforcement of schemes 55M Enforcement as contract Subdivision 4—Resolution of disputes under schemes 55N Resolution of dispute by intervention of Technical Regulator Division 3—Miscellaneous 56 Role of councils in relation to vegetation clearance not within prescribed areas 57 Power to enter for vegetation clearance purposes 58 Regulations in respect of vegetation clearance Part 5A—Undergrounding of powerlines 58A Program for undergrounding of powerlines Part 6—Safety and technical issues 59 Requirements relating to electrical installation connection and meter installation 60 Responsibility of owner or operator of infrastructure or installation 60A Responsibility to ensure correct polarity and phase relationship 60B Safety, reliability, maintenance and technical management plans 61 Electrical installation work 61A Unsafe installation of electrical equipment 61B Design of electrical installations 62 Power to require rectification etc in relation to infrastructure, installations or equipment 62A Public warning statements 62B Immunity from liability 63 Reporting of accidents etc Part 6A—Regulation of NERL retailers 63AA Application of Part 63AB Compliance with certain code provisions under Essential Services Commission Act 2002 and requirements of regulations 63AC Participation in ombudsman scheme 63AD Compliance with customer concessions scheme and performance of community service obligations 63AE NERL retailers annual administration fee Part 7—Enforcement Division A1—Warning notices and assurances 63A Warning notices 63B Assurances 63BA Register of warning notices and assurances 63BB Offence to act contrary to assurance 63BC Enforcement orders in relation to assurances Division A2—Injunctions 63C Injunctions Division A3—Enforcement notices 63D Enforcement notices Division 1—Appointment of authorised officers 64 Appointment of authorised officers 65 Conditions of appointment 66 Authorised officer's identity card 67 Production of identity card Division 2—Authorised officers' powers 68 Power of entry 69 General investigative powers of authorised officers 70 Disconnection of electricity supply 71 Power to require disconnection of cathodic protection system 72 Power to make infrastructure, installation or equipment safe 73 Power to require information or documents Division 3—Related matters 74 Self‑incrimination Part 8—Reviews 75 Review of decisions by Commission or Technical Regulator 76 Review by Tribunal 77 Minister's power to intervene Part 9—Miscellaneous 80 Power of exemption 80A Register of exemptions 81 Obligation to comply with conditions of exemption 81A Delegation by Minister 82 Application and issue of warrant 83 Urgent situations 84 Unlawful interference with electricity infrastructure or electrical installation 85 Unlawful taking of electricity, interference with meters or positioning of lines 86 Erection of buildings in proximity to powerline 87 Notice of work that may affect electricity infrastructure 88 Impersonation of officials etc 89 Obstruction 90 False or misleading information 91 Statutory declarations 91A Protection from liability 91B Offences 92 General defence 93 Offences by bodies corporate 93A Imputing conduct to bodies corporate 94 Continuing offence 94A Order for payment of profit from contravention 94B Energy productivity shortfalls 96 Evidence 97 Service 98 Regulations Schedule 2—Transitional provisions 1 Continuation of certain arrangements Legislative history