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Regulated utilities services

To provide a 'regulated utility service' in the ACT, you may need:

  • a licence
  • an exemption to having to hold a licence
  • an operating certificate.

The Utilities (Technical Regulation) Act 2014 (Technical Regulation Act) defines a regulated utility service at as one including:

  • a utility service under the Utilities Act 2000 (Utilities Act)
  • the light rail network
  • small or medium scale electrical generation
  • supply of electricity, gas, water or other fluid from a network to premises
  • owning, leasing or subleasing a registerable dam.

The Director-General of the Environment and Planning Directorate is the Technical Regulator.

The Technical Regulator regulates utilities under the Technical Regulation Act. This ensures safe and reliable services to the community.

Licences

The Independent Competition and Regulatory Commission (ICRC) grants, varies, transfers and revokes licences.

To apply for a licence, visit the ICRC website.

Licence exemptions

An exemption is a Ministerial decision considering economic, social, environmental and technical factors.

The Utilities Act provides further requirements and responsibilities for exempted utilities.

If you have an exemption, you must hold an operating certificate.

Operating certificates

You must apply for an operating certificate if your regulated utility service:

  • doesn’t need to be licensed under the Utilities Act
  • has been granted an exemption from holding a licence.

Contact Access Canberra first to discuss your proposal:

You should also read the Operating certificates: A guide for providers of unlicensed regulated utility services [PDF 1.0 MB] [DOCX 8.3 MB].

To apply, you need to meet the criteria under section 46 of the Technical Regulation Act.

Operating plans come with conditions you need to adhere to.

There are 3 types of operating certificate. Two of them require a Regulatory plan on application.

Design and Construct Operating Certificate

This certificate is granted before beginning construction on the utility service infrastructure.

Provision of Service Operating Certificate

This certificate is granted when the utility provider is ready to begin service. It will cover the testing, operation and maintenance of the facility.

Use the Application for Operating Certificate (other than Solar Installations - 200kW to 1MW) (DOC 93KB) and pay the fee.

Regulatory plan

The project owner, engineering consultant or contractor needs to complete the regulatory plan. It also needs to be endorsed by an independent certifier.

A regulatory plan is needed for both:

  • a Design and Construct Operating Certificate
  • a Provision of Service Operating Certificate.

While there’s no prescribed format, the plan should cover the details and key milestones for the:

  • engineering design
  • safe work method systems
  • maintenance schedules
  • environmental control plans.

It should also identify who is involved and the suitability of key staff for their roles.

200kW to 1MW Solar PV Operating Certificate

If your solar PV installation is between 1MW and 30MW you’ll need to apply for both operating certificates and provide a regulatory plan.

If it is between 200kW and 1MW you can apply for a single operating certificate.

The single operating certificate covers the ‘design and construct’ and the ‘provision of service’ phases.

Use the Application for Operating Certificate for Solar Installation - 200kW to 1MW (DOC 78KB) and pay the fee.

If your installation is 30MW or more, you’ll need a licence from the ICRC.

To apply for a licence, visit the ICRC website.

Existing electric generation installations

You can apply for a ‘Compliance Operating Certificate’ if you operate an existing installation that has:

  • a capacity between 200kW and 1MW
  • been constructed and inspected by licensed construction practitioners.

Technical codes

The Technical Regulator forms technical codes under Part 3 of the Technical Regulation Act.

There are technical codes for:

Technical codes are under 'Disallowable instruments' on the ACT Legislation Register.

Notifiable incidents

As a regulated utility service, if you become aware of a notifiable incident you must report it within 24 hours.

A notifiable incident involves:

  • the death of a person
  • a ‘dangerous incident’
  • serious damage to public or private property
  • serious damage to the environment.

A dangerous incident is:

  • an uncontrolled escape, spillage or leakage of a substance onto land, adjacent land or premises
  • an uncontrolled implosion, explosion or fire
  • an uncontrolled escape of gas or steam
  • an uncontrolled escape of a pressurised substance
  • electric shock
  • the fall or release from a height of any plant, installation, substance or thing
  • the collapse, overturning, failure or malfunction of, or damage to a plant
  • the collapse or partial collapse of a structure
  • the collapse or failure of an excavation or of any shoring supporting an excavation
  • the inrush of water, mud or gas in workings, in an underground excavation or tunnel, utility pit, switchboard, pipe or conduit
  • any other event identified in a technical code
  • any other event prescribed by regulation.

Report a notifiable incident

Technical regulator publications

Annual reports

The Technical Regulator publishes an annual report.

Light Rail Stage 2 Regulatory Strategy

The Technical Regulator developed a Regulatory Strategy for Light Rail Stage 2. The strategy applies the regulatory framework, governance and regulatory response to the design and construction phase of the project. The strategy suggests ways to manage regulatory matters between:

  • the Technical Regulator
  • other regulatory stakeholders
  • the regulated utility.

The strategy also recommended developing extra guidance documents when needed.