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ENERGY SERVICES CORPORATIONS ACT 1995 - SECT 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.
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