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UTILITIES (TECHNICAL REGULATION) ACT 2014 - SECT 55

Technical regulator's directions—isolated infrastructure

    (1)     This section applies if the technical regulator is satisfied on reasonable grounds that—

        (a)     the owner of isolated infrastructure is not maintaining the infrastructure in a way that is likely to prevent or resolve faults; and

        (b)     there is a risk of significant adverse effects on the community, the environment or a network if the isolated infrastructure fails.

    (2)     The technical regulator may give the owner of the isolated infrastructure a written notice (a show cause notice ) stating—

        (a)     that the technical regulator proposes to issue a direction (a technical regulator's direction ); and

        (b)     the details of the proposed technical regulator's direction; and

        (c)     that the owner of isolated infrastructure may, not later than 20 days after the day the owner is given the show cause notice, give the technical regulator a written submission about the proposed technical regulator's direction.

Note     For how documents may be given, see the Legislation Act

, pt 19.5.

    (3)     After considering any submission given under subsection (2) (c), the technical regulator may direct the owner of the isolated infrastructure to take the action stated in the technical regulator's direction including 1 or more of the following:

        (a)     to ensure the isolated infrastructure is maintained in a way that is likely to prevent or resolve faults;

        (b)     to reduce the risk of significant adverse effects on the community, the environment or a network if the isolated infrastructure fails;

        (c)     to begin negotiations with the relevant regulated utility about the location of the alternative network boundary and the need to ensure that the isolated infrastructure becomes part of a network.

    (4)     If the technical regulator gives a direction to begin negotiations under subsection (3) (c), the technical regulator must also give the relevant regulated utility written notice about the issues that have arisen in relation to the isolated infrastructure.

    (5)     The technical regulator may give a technical regulator's direction to the owner of isolated infrastructure only if—

        (a)     a technical inspector has given a technical inspector's warning notice and the warning notice has not been complied with; or

        (b)     the technical regulator has given the owner of the isolated infrastructure a show cause notice under this section.

    (6)     As soon as practicable after a technical regulator's direction is given, the technical regulator must prepare a statement about the direction and the reasons for it.

Note     For what must be included in a statement of reasons, see the Legislation Act

, s 179.

    (7)     The technical regulator's direction and statement of reasons are notifiable instruments.

Note     A notifiable instrument must be notified under the Legislation Act

.

    (8)     In this section:

"relevant regulated utility" means the regulated utility that owns the regulated utility network that is connected to the isolated infrastructure that is the subject of the technical regulator's direction.



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