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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Electricity Legislation Amendment
(TransGrid) Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Energy Services Corporations Act 1995
No 95 2
4 Amendment of Electricity Supply Act 1995 No 94 2
Schedules
1 Amendment of Energy Services Corporations Act 1995 3
2 Amendment of Electricity Supply Act 1995 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Electricity Legislation Amendment
(TransGrid) Bill 2000
Act No , 2000
An Act to amend the Energy Services Corporations Act 1995 with respect to the
use of facilities of energy transmission operators for the provision of
telecommunications services and to make related amendments to the Electricity
Supply Act 1995; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Electricity Legislation Amendment (TransGrid) Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Electricity Legislation Amendment (TransGrid) Act
2000.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Energy Services Corporations Act 1995 No 95
The Energy Services Corporations Act 1995 is amended as set out in
Schedule 1.
4 Amendment of Electricity Supply Act 1995 No 94
The Electricity Supply Act 1995 is amended as set out in Schedule 2.
Page 2
Electricity Legislation Amendment (TransGrid) Bill 2000
Amendment of Energy Services Corporations Act 1995 Schedule 1
Schedule 1 Amendment of Energy Services
Corporations Act 1995
(Section 3)
[1] Section 3 Interpretation
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
[2] Section 6C Functions of energy transmission operators
Insert after section 6C (2):
(2A) An energy transmission operator may also utilise and develop
its facilities for the transmission of electricity to carry out
telecommunications services (the telecommunications
function).
(2B) Without limiting subsection (2A), in exercising the
telecommunications function, an energy transmission operator
may do any of the following:
(a) install a telecommunications cable or equipment by
attaching it to, or incorporating it in, any of its facilities
for the transmission of electricity,
(b) remove any telecommunications cables or equipment so
installed,
(c) operate and carry out work relating to
telecommunications cables so installed,
(d) operate those facilities for the transmission of electricity
for the purposes of telecommunications.
(2C) Any power or right that an energy transmission operator has
under an affected easement with respect to the exercise of its
principal functions is taken to extend to the exercise of the
telecommunications function.
Page 3
Electricity Legislation Amendment (TransGrid) Bill 2000
Schedule 1 Amendment of Energy Services Corporations Act 1995
(2D) Divisions 2 and 3 of Part 5 of the Electricity Supply Act 1995
apply to and in respect of the exercise by an energy
transmission operator of the telecommunications function as if
the references in those Divisions to electricity works included
references to telecommunications works.
Note. An energy transmission operator, may, for example, for the
purposes of exercising its telecommunications function, exercise powers
of entry under, and in accordance with, Division 3 of Part 5 of the
Electricity Supply Act 1995.
[3] Section 6C (3)
Insert "or telecommunications" after "principal" wherever occurring.
[4] Section 6C (3)
Omit "In particular, an energy transmission operator may utilise and
develop its facilities in connection with the provision of
telecommunications services.".
[5] Section 6C (5)
Insert after section 6C (4):
(5) In this section:
affected easement means any easement (whether created
statutorily or otherwise):
(a) acquired (whether by agreement or compulsorily) before
the commencement of this paragraph, or
(b) acquired compulsorily after the commencement of this
paragraph.
[6] Schedule 5 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Electricity Legislation Amendment (TransGrid) Act 2000, but
only to the extent it amends this Act
Page 4
Electricity Legislation Amendment (TransGrid) Bill 2000
Amendment of Energy Services Corporations Act 1995 Schedule 1
[7] Schedule 5, Part 3
Insert after Part 2:
Part 3 Provisions consequent on the enactment of
the Electricity Legislation Amendment
(TransGrid) Act 2000
17 Definition
In this Part:
amending Act means the Electricity Legislation Amendment
(TransGrid) Act 2000.
18 Validation
Any act done by an energy transmission operator with respect
to the carrying out of telecommunications services before the
commencement of this clause that could have validly been
done had section 6C, as amended by the amending Act, been
in force at the time it was done is taken at all times (to the
extent of any invalidity) to have been validly done.
Page 5
Electricity Legislation Amendment (TransGrid) Bill 2000
Schedule 2 Amendment of Electricity Supply Act 1995
Schedule 2 Amendment of Electricity Supply Act 1995
(Section 4)
[1] Section 44 Acquisition of land
Insert after section 44 (3):
(4) This section authorises a network operator that is an energy
transmission operator within the meaning of the Energy
Services Corporations Act 1995 to acquire land by agreement
or compulsorily for the purposes of the exercise of its principal
functions under section 6C of that Act (whether or not the land
acquired may also be used for the purposes of the
telecommunications function within the meaning of that
section). It does not authorise a network operator to acquire
land compulsorily solely for the purposes of the exercise of the
telecommunications function.
[2] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Electricity Legislation Amendment (TransGrid) Act 2000, but
only to the extent it amends this Act
Page 6
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