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ELECTRICITY NETWORK ASSETS (AUTHORISED TRANSACTIONS) ACT 2015 - SECT 32
Functions of authorised network operators
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.
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