New South Wales Consolidated Acts

ELECTRICITY NETWORK ASSETS (AUTHORISED TRANSACTIONS) ACT 2015 - SECT 32

32 Functions of authorised network operators

(1) A reference in any Act to the functions of a network operator includes--

(a) in the case of an authorised distributor--the functions of establishing, maintaining and operating facilities for the distribution of electricity, or

(b) in the case of an authorised transmission operator--the functions (its
"electricity functions" ) of establishing, maintaining and operating facilities for the transmission of electricity and the functions (its
"telecommunications functions" ) of utilising and developing its facilities for the transmission of electricity to carry out telecommunications services.

(2) Divisions 2, 2A and 3 of Part 5 of the ES Act apply to and in respect of the exercise by an authorised transmission operator of its telecommunications functions as if the references in those Divisions to electricity works included references to telecommunications works.

Note : An authorised 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 ES Act.

(3) Any power or right that an authorised transmission operator has under an affected easement with respect to the exercise of its electricity functions is taken to extend to the exercise of the authorised transmission operator's telecommunications functions.

(4) Section 44 of the ES Act authorises an authorised transmission operator to acquire land by agreement or compulsorily for the purposes of the exercise of its electricity functions (whether or not the land acquired may also be used for the purposes of its telecommunications functions) but that section does not authorise it to acquire land compulsorily solely for the purposes of the exercise of its telecommunications functions.

(5) In this section--

"affected easement" means any easement (whether created statutorily or otherwise)--

(a) that was an affected easement under section 6C of the Energy Services Corporations Act 1995 immediately before the commencement of this section, or

(b) that is acquired compulsorily after that commencement.