D13 Consultation Draft Electricity (Network Safety .

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Western AustraliaElectricity (Network Safety) Regulations 2015ContentsPart 1 — Preliminary1.2.3.4.5.6.7.CitationCommencementTerms usedNetwork operatorsPersons for whom a network operator or contractoris responsibleThe concept of ensuring safetyNo double jeopardy1114566Part 2 — Network safety8.9.10.11.12.13.14.15.16.17.Division 1 — General safety requirementsDuty of network operator to manage prescribedactivitiesDuty of contractor to manage prescribed activitiesDuty of persons carrying out prescribed activitiesDuties relating to certain risks to safetyDivision 2 — Certain network operatorsrequired to have safety managementsystemsNetwork operators to whom this Division appliesWhen this Division commences to apply to anetwork operatorTransfer of operation of networkRequirement to have safety management systemRequirement to revise safety management systemRequirement to comply with safety managementsystemDraft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docx7899101012121314page i

Electricity (Network Safety) Regulations 2015Contents18.19.20.21.22.23.24.Compliance with safety management systemevidence of compliance with regulation 8 or 9Division 3 — Requirements if network operatornot required to have safety managementsystemNetwork operators to whom this Division appliesTerms usedApproval of standards and codes by DirectorRequirement to comply with obligatory provisionsCompliance with obligatory and evidentiaryprovisions is evidence of compliance withregulation 8 or 9Requirement to provide information and training14151515161617Part 3 — Notification, investigationand ion 1 — Notifiable incidentsTerms usedNotification and investigation of suspectednotifiable incidentsReporting of notifiable incidentsRequirement not to disturb site of notifiableincident or physical evidenceDestructive testing of physical evidenceStatistical reportingDivision 2 — Reporting on network safetyperformanceNetwork operators to whom this Part appliesTerms usedNetwork safety performance incidentsNetwork operator to publish annual objectivesNetwork operator to publish quarterly outcomesDirector may publish and comment on objectivesand outcomes181921222424242525262728Part 4 — Review of decisions37.38.39.page iiTerms usedDecisions to which this Part appliesApplication for review303030Draft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docx

Electricity (Network Safety) Regulations 2015Contents40.41.42.Review panelsProcedure on reviewCosts313132Part 5 — Miscellaneous43.Contact details of network operators33Part 6 — Repeal, consequentialamendments and transitionalprovisions44.45.46.47.48.49.Division 1 — RepealElectricity (Supply Standards and System Safety)Regulations 2001 repealedDivision 2 — Consequential amendmentsElectricity (Licensing) Regulations 1991 amendedElectricity Regulations 1947 amendedDivision 3 — Transitional provisionsTerms usedStandards and codesNotifiable incidents that occurred beforecommencement dayDraft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docx353535383838page iii

Electricity (Network Safety) Regulations 2015ContentsSchedule 1 — Standards and codescontainingevidentiary provisionsDivision 1 — GeneralDivision 2 — Overhead linesDivision 3 — Switchyards, substations andpower stationsDivision 4 — Underground cablesDivision 5 — Power coordinationSchedule 2 — Standards and codescontaining obligatory provisionsDivision 1 — GeneralDivision 2 — Overhead linesDivision 3 — Underground cablesDivision 4 — Switchgear and protectionpage ivDraft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docx

Electricity Act 1945Electricity (Network Safety) Regulations 2015Made by the Governor in Executive Council.Part 1 — Preliminary1.CitationThese regulations are the Electricity (Network Safety)Regulations 2015.2.CommencementThese regulations come into operation as follows —(a) regulations 1 and 2 — on the day on which theseregulations are published in the Gazette;(b) the rest of the regulations — on the day after that day.3.Terms used(1)In these regulations, unless the contrary intention appears —AS followed by a designation consisting of a number and areference to a year refers to the text, as from time to timeamended and for the time being in force, of the document sodesignated, published by Standards Australia;AS 5577 means AS 5577-2013 Electricity network safetymanagement systems;AS/NZS followed by a designation consisting of a number and areference to a year refers to the text, as from time to timeamended and for the time being in force, of the document sodesignated, jointly published by Standards Australia andStandards New Zealand;Draft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docxpage 1

Electricity (Network Safety) Regulations 2015Part 1Preliminaryr. 3contractor means —(a) a person engaged under a contract for services to carryout prescribed activities on a network; or(b) a subcontractor of a person described in paragraph (a);distribution licence has the meaning given in the ElectricityIndustry Act 2004 section 3;electricity inspector means an inspector, classified as anelectricity inspector, under the Energy Coordination Act 1994section 12;employee means a person employed under a contract of service;ENA followed by a designation including a number and areference to a year refers to the text, as from time to timeamended and for the time being in force, of the document sodesignated, published by or on behalf of the Energy NetworksAssociation;HB followed by a designation consisting of a number and areference to a year refers to the text, as from time to timeamended and for the time being in force, of the document sodesignated, published by Standards Australia;implementation day, for a network operator, has the meaninggiven in regulation 13(4);integrated regional licence has the meaning given in theElectricity Industry Act 2004 section 3;network means —(a) transmission works operated by a network operator; and(b) distribution works operated by a network operator,including —(i) generating works that are connected to thedistribution works for the purposes of emergencyor interim generation of electricity and that areowned, hired, leased or otherwise under thecontrol of the operator; andpage 2Draft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docx

Electricity (Network Safety) Regulations 2015Part 1Preliminaryr. 3(ii)(iii)service apparatus connected to the distributionworks, other than service apparatus and otherapparatus the property of a consumer or anowner or occupier of premises to whichelectricity is supplied; andif electricity is supplied, using the distributionworks, otherwise than to the premises of aconsumer — apparatus to which that electricityis supplied using those distribution works;and(c) works that would be covered by paragraph (a) or (b)except that they are no longer used to convey ordistribute electricity, whether or not the works havebeen disconnected from generating works or from othertransmission or distribution works;network operator means a person who is a network operatorunder regulation 4;pole means a support structure for overhead conductors of anetwork;prescribed activity means an activity carried out in the course ofthe design, construction, commissioning, operation,maintenance or decommissioning of a network;quarter means a period of 3 months beginning on 1 January,1 April, 1 July or 1 October in any year;safety means the safety of persons (including persons for whoma network operator or contractor is responsible) consumers andthe public;safety management system means a safety management systemthat a network operator has in compliance with regulation 15;subcontractor, of a contractor, means a person engaged under acontract for services by the contractor to carry out prescribedactivities on a network;Draft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docxpage 3

Electricity (Network Safety) Regulations 2015Part 1Preliminaryr. 4transmission licence has the meaning given in the ElectricityIndustry Act 2004 section 3;working day means a day that is not a Saturday, Sunday orpublic holiday throughout the majority of the State.(2)For the purposes of these regulations, a reference to thenetwork, in relation to a network operator, is a reference to —(a) if the network operator operates one network — thatnetwork; or(b) if the network operator operates 2 or more networks —any of those networks.(3)For the purposes of these regulations, a prescribed activity iscarried out on a network if the prescribed activity is carried outin, on or in connection with the network.(4)However, if the prescribed activity is carried out in the course ofthe construction, commissioning, maintenance ordecommissioning of the network, the activity is not carried outin connection with the network unless it is carried out within6 metres of the network.4.Network operatorsThe following persons are network operators —(a) the Electricity Networks Corporation established by theElectricity Corporations Act 2005 section 4(1)(b);(b) the Regional Power Corporation established by theElectricity Corporations Act 2005 section 4(1)(d);(c) Pilbara Iron Pty Ltd (ACN 107 216 535), or anysuccessor to that company, operating transmission ordistribution works under —(i) the Agreement, as defined in the Iron Ore(Hamersley Range) Agreement Act 1963section 2; orpage 4Draft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docx

Electricity (Network Safety) Regulations 2015Part 1Preliminaryr. 5(ii)(d)(e)5.the Agreement, as defined in the Iron Ore (RobeRiver) Agreement Act 1964 section 2;BHP Billiton Iron Ore Pty Ltd (ACN 008 700 981), orany successor to that company, operating transmissionor distribution works under the Agreement, as defined inthe Iron Ore (Mount Newman) Agreement Act 1964section 2;a person, other than the Rottnest Island Authority, who,under the Electricity Industry Act 2004, holds or isrequired to hold —(i) a transmission licence; or(ii) a distribution licence; or(iii) an integrated regional licence that coverstransmission or distribution.Persons for whom a network operator or contractor isresponsible(1)For the purposes of these regulations, the persons for whom anetwork operator is responsible are —(a) each employee of the network operator;(b) each contractor of the network operator;(c) each employee of a contractor of the network operator;(d) any other person instructed or authorised by the networkoperator to carry out prescribed activities on thenetwork.(2)For the purposes of these regulations, the persons for whom acontractor is responsible are —(a) each employee of the contractor;(b) each subcontractor of the contractor;(c) each employee of a subcontractor of the contractor.Draft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docxpage 5

Electricity (Network Safety) Regulations 2015Part 1Preliminaryr. 66.The concept of ensuring safety(1)A duty imposed on a person under these regulations to ensure,so far as is reasonably practicable, safety requires the person —(a) to eliminate risks to safety so far as is reasonablypracticable; or(b) if it is not reasonably practicable to eliminate risks tosafety, to minimise those risks so far as is reasonablypracticable.(2)For the purposes of these regulations, regard must be had to thefollowing matters in determining what is, or was at a particulartime, reasonably practicable in relation to ensuring safety —(a) the likelihood of the event that poses the risk concernedoccurring;(b) the degree of harm that might result from that eventoccurring;(c) what the person concerned knows, or ought reasonablyto know, about the risk and ways of eliminating orminimising the risk;(d) the availability and suitability of ways to eliminate orminimise the risk;(e) the cost of eliminating or minimising the risk.7.No double jeopardy(1)If an act or omission by a person constitutes an offence underthese regulations and under the Occupational Safety and HealthAct 1984, the person may be charged and convicted of theoffence under these regulations but is not liable to be punishedtwice in respect of the act or omission.(2)If an act or omission by a person constitutes an offence under aprovision of Part 2 Division 1 and under another provision ofthese regulations, the person may be charged and convicted ofonly one of the offences.page 6Draft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docx

Electricity (Network Safety) Regulations 2015Part 2Network safetyDivision 1General safety requirementsr. 8Part 2 — Network safetyDivision 1 — General safety requirements8.Duty of network operator to manage prescribed activities(1)A network operator must ensure, so far as is reasonablypracticable, that each prescribed activity carried out on thenetwork is carried out safely.Penalty: a fine of 250 000.(2)A network operator contravenes subregulation (1) if theoperator fails to —(a) develop, implement and maintain adequate workpractices relating to prescribed activities; or(b) develop, implement and maintain adequate plans for theinspection, maintenance and (if necessary) replacementof the network or parts of it; or(c) provide, so far as is reasonably practicable, adequateinstruction, training and supervision to persons forwhom the network operator is responsible, taking intoaccount the nature of the prescribed activities carried outby those persons and the competence of those persons;or(d) ensure, so far as is reasonably practicable, that personsfor whom the network operator is responsible follow thedesign of the network; or(e) ensure, so far as is reasonably practicable, that personsfor whom the network operator is responsible complywith the work practices applicable to prescribedactivities carried out on the network; or(f) regularly review the design, engineering and operationof the network, and the work practices applicable toprescribed activities carried out on the network, forsafety and effectiveness.Draft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docxpage 7

Electricity (Network Safety) Regulations 2015Part 2Network safetyDivision 1General safety requirementsr. 9(3)Subregulation (2) does not limit the scope or generality ofsubregulation (1).(4)A network operator must maintain records that are sufficient todemonstrate the extent of the network operator’s compliancewith its duties under subregulation (1).Penalty: a fine of 250 000.9.Duty of contractor to manage prescribed activities(1)A contractor must ensure, so far as is reasonably practicable,that each prescribed activity carried out on a network by aperson for whom the contractor is responsible is carried outsafely.Penalty:(a) for an individual, a fine of 50 000;(b) for a body corporate, a fine of 250 000.(2)A contractor contravenes subregulation (1) if the contractor failsto —(a) provide, so far as is reasonably practicable, adequateinstruction, training and supervision to persons forwhom the contractor is responsible, taking into accountthe nature of the prescribed activity and the competenceof those persons; or(b) ensure, so far as is reasonably practicable, persons forwhom the contractor is responsible follow the design ofthe network; or(c) ensure, so far as is reasonably practicable, persons forwhom the contractor is responsible comply with thework practices applicable to prescribed activities carriedout on the network.(3) Subregulation (2) does not limit the scope or generality ofsubregulation (1).page 8Draft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docx

Electricity (Network Safety) Regulations 2015Part 2Network safetyDivision 1General safety requirementsr. 1010.Duty of persons carrying out prescribed activities(1)An individual must, in carrying out a prescribed activity on anetwork, ensure, so far as is reasonably practicable, that theactivity is carried out safely.Penalty: a fine of 50 000.(2)An individual contravenes subregulation (1) if the individual, incarrying out the prescribed activity, fails to —(a) follow the design of the network; or(b) comply with the work practices applicable to theprescribed activity.(3)Subregulation (2) does not limit the scope or generality ofsubregulation (1).11.Duties relating to certain risks to safety(1)If a network operator becomes aware that —(a) anything at a place where a prescribed activity is beingcarried out on a network is or may be a risk to safety; or(b) the condition of any part of the network is or may be arisk to safety,the network operator must, as soon as is reasonably practicable,investigate the matter.Penalty: a fine of 250 000.(2)A matter is not a risk to safety, for the purposes ofsubregulation (1), if the matter is an inherent risk.(3)The investigation must include a consideration of whether awork practice or safety management system contributed to therisk.(4)If a person for whom a network operator is responsible becomesaware of a matter referred to in subregulation (1), the personmust, as soon as is reasonably practicable, notify the networkDraft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docxpage 9

Electricity (Network Safety) Regulations 2015Part 2Network safetyDivision 2Certain network operators required to have safetymanagement systemsr. 12operator of the matter, unless the person knows that the networkoperator has already been notified.Penalty:(a) for an individual, a fine of 50 000;(b) for a body corporate, a fine of 250 000.(5)If an investigation reveals that there is a risk to safety, thenetwork operator must ensure, so far as is reasonablypracticable, that —(a) the risk is minimised or eliminated, as soon as isreasonably practicable; and(b) no prescribed activity is carried out on any affected partof the network, other than work to minimise or eliminatethe risk, until the risk is minimised or eliminated.Penalty: a fine of 250 000.(6)The requirements imposed by this regulation are in addition toany requirements applying under an applicable safetymanagement system.Division 2 — Certain network operators required to have safetymanagement systems12.Network operators to whom this Division appliesThis Division applies to and in relation to a network operatorthat is a network operator under regulation 4(a), (b), (c) or (d).13.When this Division commences to apply to a networkoperator(1)page 10The obligations in this Division apply to and in relation to anetwork operator on and after the earlier of —(a) the day that the network operator nominates as the dayon which the obligations commence to apply to thenetwork operator; andDraft 13 6 January 2015 5:29Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docx

Electricity (Network Safety) Regulations 2015Part 2Network safetyDivision 2Certain network operators required to have safetymanagement systemsr. 13(b)the implementation day for the network operator.(2)To nominate a day for the purposes of subregulation (1)(a), anetwork operator must notify the Director in writing of the day,at least 20 working days prior to the day.(3)If the day nominated by a network operator for the purposes ofsubregulation (1)(a) is before the implementation day for thenetwork operator, the Director must publish notice of that dayon a website maintained on behalf of the Director.(4)The implementation day for a network operator is —(a) the last day of the 2 year period immediately followingthe day on which the ne

Electricity (Network Safety) Regulations 2015 Part 1 Preliminary r. 4 page 4 Draft 13 6 January 2015 5:29 Stn33\D13 consultation draft Electricity (Network Safety) Regulations 2015.docx transmission licence has the meaning given in the Electricity Industry Act 2004 section 3; working day means a day that is not a Saturday, Sunday or

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