ELECTRICITY ACT 1996 - SECT 4
ELECTRICITY ACT 1996 - SECT 4
(1) In this Act,
unless the contrary intention appears—
"AEMO" means the Australian Energy Market Operator Limited
(ACN 072 010 327);
"annual electricity consumption level" means a level of consumption of
electricity determined in accordance with the regulations (and the regulations
may, for that purpose, make provision for the estimation or agreement of the
level in specified circumstances);
"authorised officer" means a person appointed under Part 7 as an
authorised officer;
"bush fire" means a fire that originates in, or spreads through, forest,
scrub, grass or other vegetation;
"bushfire risk area"—see subsection (4);
"Commission" means the Essential Services Commission established under the
Essential Services Commission Act 2002 ;
"condition" includes a limitation or restriction;
"contravention" includes a failure to comply;
"council" means a council within the meaning of the Local Government
Act 1999 and includes the Outback Areas Community Development Trust;
"council officer" means a person authorised by a council to exercise powers
conferred on a council officer under this Act;
"customer" means a person who has a supply of electricity available from a
transmission or distribution network for consumption by that person and
includes—
(a) the
occupier for the time being of a place to which electricity is supplied; and
(b)
where the context requires, a person seeking an electricity supply; and
(c) a
person of a class declared by regulation to be customers;
"disconnect" electricity supply includes a procedure to interrupt or
discontinue the electricity supply to a customer;
"electrical equipment" means any electrical appliance or wires, fittings,
equipment or accessories beyond an electrical outlet at which fixed wiring
terminates;
"electrical installation" means a set of wires and associated fittings,
equipment and accessories installed in a place for the conveyance, control,
measurement or use of electricity that is, or is to be, or has been, supplied
for consumption in the place, including anything declared by regulation to be
or form part of an electrical installation, but does not include—
(a)
electricity infrastructure owned or operated by an electricity entity; or
(b) any
wires, fittings, equipment or accessories connected to and beyond any
electrical outlet at which fixed wiring terminates (other than any such outlet
used to connect sections of fixed wiring); or
(c)
anything declared by regulation not to be or form part of an
electrical installation;
"electricity entity" means a person licensed under Part 3 to carry on
operations in the electricity supply industry and includes (where the context
requires) a person who has been licensed to carry on operations in the
electricity supply industry under that Part whose licence has been suspended
or cancelled or has expired;
"electricity infrastructure" means—
(a)
electricity generating plant; and
(b)
powerlines; and
(c)
substations for converting, transforming or controlling electricity; and
(d)
equipment for metering, monitoring or controlling electricity; and
(e) any
wires, equipment or other things (including tunnels and cavities) used for, or
in connection with, the generation, transmission, distribution or supply of
electricity; and
(f)
anything declared by regulation to form part of electricity infrastructure,
but does not include anything declared by regulation not to form part of
electricity infrastructure;
"electricity officer" means a person appointed under Part 4 as an
electricity officer;
"electricity supply industry" means the industry involved in the generation,
transmission, distribution, supply or sale of electricity or other operations
of a kind prescribed by regulation;
"employing authority" means the person designated by proclamation as being the
employing authority for the purposes of this definition;
"generation" of electricity means the operation of any kind of electricity
generating plant and all incidental and related operations, but does not
include anything declared by regulation not to be generation of electricity;
"install" includes place;
"internal switching manual" means an internal manual relating to switching
that—
(a) the
holder of a licence authorising the generation of electricity; or
(b) the
holder of a licence authorising the operation of a transmission or
distribution network; or
(c) the
holder of a licence authorising system control over a power system; or
(d) a
person exempted from the requirement to hold a licence of a kind referred to
in paragraphs (a) to (c),
is required (under the conditions of the licence or exemption) to prepare and
maintain in accordance with the regulations for the purposes of safety in
connection with switching relevant to the operations of the licence holder or
person;
"land" includes—
(a) an
estate or interest in land (including an easement); or
(b) a
right or power over or in respect of land;
"National Electricity Rules" means the National Electricity Rules as defined
in the National Electricity (South Australia) Law ;
"National Electricity (South Australia) Law"—see the Schedule of the
National Electricity (South Australia) Act 1996 ;
"National Energy Retail Rules" means the National Energy Retail Rules as
defined in the National Energy Retail Law (South Australia) ;
"naturally occurring vegetation" means vegetation that has not been planted or
nurtured by any person;
"NERL retailer" means—
(a) a
person who is the holder of a retailer authorisation under the National Energy
Retail Law (South Australia) ; or
(b) an
exempt seller within the meaning of the National Energy Retail Law (South
Australia) ;
"network services" means—
(a) the
transmission and distribution of electricity between electricity entities and
from electricity entities to customers (including connection to a
transmission or distribution network); and
(b)
controlling and regulating the quality of electricity;
"non-bushfire risk area" means a part of the State not within the
bushfire risk area;
"nurture", in relation to vegetation, means actively assist the growth of the
vegetation;
"occupier" of land or a place means a person who has or is entitled to
possession or control of the land or place;
"operations" includes activities;
"powerline" means—
(a) a
set of cables for the transmission or distribution of electricity and their
supporting or protective structures, conduits and equipment; and
(b)
associated equipment for the transmission or distribution of electricity,
but does not include a telecommunications cable or associated equipment;
"power system" means a system for the generation, transmission and
distribution of electricity or a part of such a system;
"principles of vegetation clearance" means the regulations dealing with the
clearance of vegetation from, or the planting or nurturing of vegetation near,
public and private powerlines;
"private land" means—
(a) land
alienated or contracted to be alienated from the Crown in fee simple; or
(b) land
occupied under a lease or licence from the Crown; or
(c) land
dedicated to a particular purpose and placed under the care, control and
management of any person (whether or not that person is a Minister, agency or
instrumentality of the Crown),
except any such land vested in, or under the care, control or management of, a
council and dedicated to, or held for, a public purpose;
"private powerline" means a powerline—
(a)
designed to convey electricity at a prescribed voltage or less; and
(b)
situated on, above or under private land for the purpose only of supplying
electricity to some point on that land;
"public powerline" means any powerline except a private powerline;
"regulated entity" means—
(a) an
electricity entity; or
(b) a
NERL retailer;
"retailing" of electricity means the sale of electricity to customers, but
does not include an activity declared by regulation not to be retailing of
electricity;
"small customer" means a customer with an annual electricity consumption level
less than the number of MW.h per year specified by regulation for that
purpose, or any customer classified by regulation as a small customer;
"supply" of electricity means the delivery of electricity to a customer;
"system controller" means a person licensed under Part 3 to exercise system
control over a power system;
"Technical Regulator" means the person holding the office of
Technical Regulator under Part 2;
"telecommunications" means the transmission of telephonic, radio, computer,
television or other signals;
"transmission or distribution network" means the whole or a part of a system
for the transmission or distribution of electricity, but does not include
anything declared by regulation not to be a transmission or
distribution network or part of a transmission or distribution network;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 ;
"vegetation clearance scheme" means a vegetation clearance scheme agreed or
determined under Part 5.
(2) A reference in
this Act to a powerline, a network, infrastructure or other property of an
entity includes a reference to a powerline, a network, infrastructure or other
property that is not owned by the entity but is operated by the entity.
(3) A proclamation
made for the purposes of the definition of
"employing authority"—
(a) may
apply by reference to a specified person, or by reference to the person for
the time being holding or acting in a specified office or position; and
(b) may,
from time to time as the Governor thinks fit, be varied or substituted by a
new proclamation.
(4) For the purposes
of this Act, the regulations may designate an area of the State to be the
"bushfire risk area".