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ENERGY SERVICES CORPORATIONS ACT 1995 - SECT 6C Functions of energy transmission operators

ENERGY SERVICES CORPORATIONS ACT 1995 - SECT 6C

Functions of energy transmission operators

6C Functions of energy transmission operators

(1) An energy transmission operator has the functions conferred or imposed on it by or under this or any other Act or law.
(2) The principal functions of an energy transmission operator are:
(a) to establish, maintain and operate facilities for the transmission of electricity and other forms of energy, and
(b) to provide services for the transmission of electricity and other forms of energy in accordance with the relevant regulatory regime.
(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.
(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) An energy transmission operator:
(a) may also provide facilities and services that are ancillary or incidental to its principal or telecommunications functions, and
(b) may also conduct any business (whether or not related to its principal or telecommunications functions) that it considers will further its objectives.
(4) This section does not limit the functions of an energy transmission operator apart from this section, but is subject to the provisions of this Act, the State Owned Corporations Act 1989 and any other Act or law.
(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.