6CFunctions 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.
s 6C: Ins 1998 No 68,
Sch 1 [4]. Am 2000 No 88, Sch 1 [2]–[5].
s 6C, note: Ins 2000
No 88, Sch 1 [2].