Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 166

    (1)     A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (2)     If it is not reasonably practicable to ensure the safe distance of a person, plant or thing from an overhead or underground electric line, the person conducting the business or undertaking at the workplace must ensure that—

        (a)     a risk assessment is conducted in relation to the proposed work; and

        (b)     control measures implemented are consistent with—

              (i)     the risk assessment; and

              (ii)     if an electricity supply authority is responsible for the electric line—any requirements for the authority under the href="http://www.legislation.act.gov.au/a/1971-30" title="A1971-30">Electricity Safety Act 1971

, the Electricity title="A2000-65">Utilities Act 2000

and the Electricity title="A2014-60">Utilities (Technical Regulation) Act 2014

.

Maximum penalty:

        (a)     in the case of an individual—$6 000; or

        (b)     in the case of a body corporate—$30 000.

Note 1     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

Note 2     The

, the

and the

will also apply to the person conducting the business or undertaking.

    (3)     An electricity supply authority is taken to have complied with this section if the authority has complied with the requirements of the href="http://www.legislation.act.gov.au/a/1971-30" title="A1971-30">Electricity Safety Act 1971

, the Electricity title="A2000-65">Utilities Act 2000

and the Electricity title="A2014-60">Utilities (Technical Regulation) Act 2014

relating to the work of an electricity supply authority.