Guidelines to the Electricity Safety

(Electric Line Clearance)

Regulations 2015

Creating a safer state with electricity and gas

This publication provides a brief high-level description of the purpose and additional information about specific Regulations and clauses that stakeholders have identified require additional explanation. This guideline will not translate the contents of the Regulations.

This guideline may be periodically updated following ongoing stakeholder feedback.

The publication Powerlines and vegetation management—a guide to rights and responsibilities, is a separate publication that provides information to residential land owners and occupiers.

The purpose of these guidelines is to provide information primarily to electricity distribution businesses, local councils and other operators of electric lines about the principles of the Electricity Safety (Electric Line Clearance) Regulations 2015 (the Regulations). The Regulations include the Code of Practice for Electric Line Clearance as a schedule to the Regulations.

Purpose of guidelines

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The electric line clearance regime has three key policy goals that apply across Victoria: safety, reliability and fire prevention. The relative level of risk varies across urban and regional areas as it does with hazardous bushfire and low bushfire risk areas.

Safety is the core value of electric line clearance. This includes the safety of the general public and all those working in the vicinity of electric lines, including linesmen and arborists/vegetation workers.

Reliability is not only important because loss of supply can be costly to the industry and community, but it may also compromise safety, such as the health of vulnerable community members on hot days. Damage to electric lines may also cause power surges that can detrimentally affect appliances in homes and businesses.

Fires are significant, particularly in rural areas where they can become bushfires with potentially catastrophic consequences. In urban areas, fires tend to result in property damage including damage to houses, fences, cars or switchboards.

ESV is conscious of the need to balance the regime’s three policy goals with amenity, the environment and community expectations, while moving towards practical compliance and effective safety management in the long term.

The Electricity Safety Act 1998 (the Act) is the principal legislation under which the Regulations sit. The prime function of the Act is electricity safety. Section 84 of the Act describes the Responsible Person (RP), together with sections 84B, 84C and 84D. The Regulations differentiate between the roles of the various responsible persons.

The structure and content of the Regulations and schedules are listed in Appendix 1.

Managing vegetation around electric lines is a major part of the overall electricity safety framework. At its heart is the simple proposition that trees and electric lines do not mix. Managed carefully and prudently, trees and electric lines can coexist. If they are left unchecked, however, dangerous situations can result including fire, electrocution and power outages.

The fundamental principle of the regime is that contact between vegetation and electric lines should be prevented. The regime defines the spatial relationship between the two. This relationship is based on technical engineering principles that vary according to:

° different physical aspects of trees i.e. branch size and movement, not species

° types of electric lines and their construction such as high voltage or low voltage, insulated or uninsulated cables

° location and environmental context such as hazardous or low bushfire risk area.

The nature of the regime

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Specific regulations and clauses of the Electric Line Clearance RegulationsThe specific Regulation and schedule clause is noted in the guideline, and may be cross-referenced with Appendix 1 where they are all listed.

The current Regulations are publicly available at the Victorian Law Today Library, hosted by the Office of the Chief Parliamentary Counsel of Victoria.

Electrical safetyThe minimum clearance space in the Code of Practice (the Code) refers to the minimum clearance space between electric lines and vegetation. It is not intended to be a safe distance for people. The Electricity Safety (Installation) Regulations, Victorian Electricity Supply Industry (VESI) Vegetation Management Guideline, the Blue Book, the Green Book and No Go Zones determine the minimum safe distances for people near lines.

Publication on internet and available at principal office—management plan R 10 (7), exemption R 11(2)The following documents of the RP must be published on its website and available at the principal office during normal business hours.

° A copy of the management plan prepared by a RP by 31 March for the next financial year.

° A copy of any exemption issued by ESV to a RP on any of the requirements of the Regulations. ESV may place specific conditions on these exemptions.

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Exception 1—Exception to minimum clearance space for structural branches around insulated low voltage electric lines—Schedule 1 clause 4

The intent of this clause is to permit sizable structural branches of trees that are unlikely to move significantly in most wind conditions to be permitted within the clearance space, but not in contact with the line, under certain conditions for all insulated low voltage electric lines. The Code includes a definition for ‘insulated cable’.

This clause allows the structural branches of a tree to be within the minimum clearance space, provided that:

° the branch is >130 mm in diameter on entry to the clearance space, and the branch is >300 mm away from the line

° within the last 12 months:

° a suitably qualified arborist (defined in the Code) has inspected the specific branch and tree

° the qualified arborist has advised the relevant RP that the branch does not have any visible structural defects which could cause the branch to fail

° the RP has assessed and effectively mitigated any identified risks posed by the branch.

° the RP retains records of the inspections of the tree, advice and risk management measures for the tree for a period of five years.

Exceptions to the minimum clearance spaceThe RP must keep the minimum clearance space clear of trees with specific exceptions permitted under certain conditions. The exceptions include:

° structural branches around insulated low voltage electric lines in all areas

° very small branches around insulated low voltage electric lines in all areas

° structural branches around uninsulated low voltage electric lines in low bushfire risk areas.

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Exception 1—Exception to minimum clearance space for structural branches around insulated low voltage electric lines—Schedule 1 clause 4

A Structural branches must be maintained at a distance >300 mm from electric line.

B Clearance space as specified by Schedule 2 Graph 1—Insulated electric lines all areas.

C Structural branches are permitted within the minimum clearance space provided the branch is >130 mm in diameter at the point where it enters the minimum clearance space, and provided it is a distance of >300 mm from the electric line. This is subject to meeting the management conditions.A

B

C

Management conditions:

° tree and branch inspected by a qualified arborist within the last 12 months

° the arborist inspection did not identify the branch to have any visual structural defects

° the RP has assessed and effectively mitigated risks posed by the branch

° the RP retains records of inspections, advice and risk management measures for a period of five years.

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Exception 2—Exception to minimum clearance space for small branches around insulated low voltage electric lines—Schedule 1 clause 5

The intent of this clause is to permit small, fine branches to be within the minimum clearance space around insulated low voltage electric lines, recognising that potential intermittent contact between fine vegetation and an electric line may occur, provided that:

° the branch is <10 mm wide at the point of entry to the clearance space, and the branch has been removed from within the minimum clearance space within the last 12 months.

In practice, this exception is intended to allow these types of branches to grow into the minimum clearance space provided they are removed from the clearance space at least once every 12 months.

The RP must keep the minimum clearance space clear of trees with specific exceptions permitted under certain conditions.

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Exception 2—Exception to minimum clearance space for small branches around insulated low voltage electric lines—Schedule 1 clause 5

A Clearance space as specified by Schedule 2 Graph 1—Insulated electric lines all areas.

B Small fine branches are permitted within the minimum clearance space provided that the branches are <10 mm in diameter at the point where it enters the minimum clearance space, and the branch has been removed from the minimum clearance space in the last 12 months.

AB

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Exception 3—Exception to minimum clearance space for structural branches around uninsulated low voltage electric lines in low bushfire risk areas—Schedule 1 clause 6

The intent of this clause is to permit sizable structural branches of trees that are unlikely to move significantly in most wind conditions to be permitted within the clearance space, but not to contact the lines, for uninsulated low voltage electric lines in low bushfire risk areas under certain conditions.

This clause allows the structural branches of a tree to be within the minimum clearance space provided that:

° the branch is >130 mm in diameter on entry to the clearance space and the branch is ≤500 mm within the clearance space

° if the branch comes within the minimum clearance space around the middle two thirds of the span, that span is fitted with one cable spreader if the span is <45 m, or is fitted with two cable spreaders if the span is >45 m

° within the last 12 months:

° a suitably qualified arborist (defined in the Code) has inspected the specific branch and tree

° the suitably qualified arborist has advised the relevant RP that the branch does not have visible structural defects, which could cause the branch to fail

° the RP has assessed and effectively mitigated any identified risks posed by the branch

° the RP retains records of the inspections of the tree, the advice and risk management measures for the tree for a period of five years.

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Exception 3—Exception to minimum clearance space for structural branches around uninsulated low voltage electric lines in low bushfire risk areas—Schedule 1 clause 6

A Clearance space as specified by Schedule 2 graph 2—Uninsulated low voltage in LBRA.

B Tree branch may exist up to 500 mm within the minimum clearance space subject to specified management conditions.

C Tree branch >130 mm in diameter where it enters the clearance space.

Management conditions:

° one cable spreader for spans <45 m, two cable spreaders for spans >45 m

° tree and branch inspected by a qualified arborist

° branch does not have visual structural defects

° the RP has assessed and effectively mitigated risks posed by the branch

° the RP retains records of inspections, advice and risk management measures for a period of five years.

AB

C

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Adoption of AS 4373—Regulation 9(3)(j), Schedule 1 clause 9The RP is to ensure that trees are kept clear of the minimum clearance space. The Code also requires the RP to cut or remove trees in accordance with AS 4373, as far as practicable.

Establishing and maintaining the regulated clearance space should be the primary objective of all electric line clearance activities. However, the requirement to cut or remove trees in accordance with AS 4373 should ensure this occurs in a manner that best preserves the condition, amenity and viability of affected vegetation.

Tree cutting equipment such as Jarraffs, Quick Trim or Sky Trim have been adopted in recent years for pruning hedges and other vegetation that is difficult or dangerous to access. This may be appropriate where community expectations about the trees are not compromised, and it is not practicable to comply with AS 4373.

The RP is to document procedures used for equipment such as these in its electric line clearance management plan. The intended use of this type of equipment should also be highlighted during the notification process required under the Code.

In the Code of Practice, a suitably qualified arborist means an arborist who has the Certificate IV qualification in Horticulture (or equivalent qualification), including the Assess Trees module and at least three years’ field experience assessing trees.

ESV has specified the minimum training requirement to clear vegetation from overhead electrical assets for non-MEC workers. Training courses include Electrical Systems Identification and Powerline Clearances Distances NUE 260 and UET20312 Certificate II in ESI Powerline vegetation control. The Victorian Electricity Supply Industry (VESI) also specifies UET20312 Certificate II in ESI Powerline Vegetation Control for major electricity company (MEC) workers.

The Regulations and Code of Practice require specific electric line clearance activities to be performed by personnel with defined training, qualifications and experience. In addition, ESV expects a RP to employ rigorous risk-based processes to ensure only competent persons are permitted to carry out inspection, and cutting activities that require adherence to AS 4373.

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Responsible person may cut or remove hazard tree—Schedule 1 clause 8The intent of this clause is to allow the responsible person (RP) to cut or remove a tree (for which the RP has clearance responsibilities) which is likely to fall onto, or otherwise contact an electric line due to the condition of the tree, or the foreseeable local conditions. The assessment and advice must be undertaken by a suitably qualified arborist.

This clause applies regardless of whether the tree is within the clearance space or not, as trees may stand outside the clearance space but may make contact with electric lines if they fall.

Additionally, the Act requires a council to include specific procedures about hazard trees in its municipal fire prevention plan (MFPP), including:

° procedures and criteria for identifying hazard trees

° procedures for notifying other RPs about hazard trees in relation to electric lines it owns or operates.

Urgent cutting or removal—Schedule 1, clause 13-14 clause 18These clauses describe the requirements around urgent cutting or removal of trees by the RP.

Clause 13 permits a RP to urgently cut a tree (no further than 1 m from the minimum clearance space) if:

° a tree has grown in to, and encroached on the clearance space, and that had not been anticipated in the management plan; or

° cutting is required during the fire danger period, declared under the Country Fire Authority Act 1958.

Clause 14 permits the RP to urgently remove a tree:

° if the tree has become damaged or has fallen and is within the minimum clearance space

° if a suitably qualified arborist has assessed the tree, taking into account foreseeable conditions, and advised the RP that it is likely to imminently fall or contact an electric line.

Clause 18 requires notification and record keeping following urgent cutting or removal.

The RP is not required to undertake consultation or notification of urgent cutting or removal prior to taking action. This is due to the imminent hazard the vegetation presents.

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Clause 18, however, does require the RP to provide written notice as soon as practicable following the urgent cutting or removal, as follows:

Figure 1—Urgent pruning or removal notification process

Written notice to be provided after cutting or removal to:

Notice includes:

° location and date of tree cutting or removal

° reason for tree cutting or removal

° date of last inspection of tree/line before removal required.

Record of written notice to be retained for five years minimum.

The council, if tree is on land managed by a council.

A council is not required to provide notice to itself.

Owner or occupier of tree on private land i.e. tree within boundary of property.

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Notification, consultation and dispute resolution—Schedule 1 clause 15—17Clause 15 requires a RP to provide notification before cutting or removing certain trees. This includes keeping trees clear of electric lines, trees around transmission lines and hazard trees.

° This clause is relevant to all RPs who intend to cut or remove a tree to achieve minimum clearance spaces. It is also relevant to a RP who intends to cut or remove a hazard tree.

° This clause applies to trees on private or public land, trees of significance and other specified trees.

° Additional notification requirements exist where the cutting or removing of trees affect the use of contiguous private property during the cutting or removal i.e. if the use of any private property bordering, or next to, the land that the tree is located on will be affected during the cutting or removal. In this instance the contiguous land notification process applies.

° If the tree to be cut or removed is located on private land, there are also consultation requirements.

° This clause does not apply to urgent cutting or removal of trees.

Clause 16 requires a RP to publish a notice before cutting or removing trees on public land; typically this includes roadside trees.

° This may include distribution businesses, council and other RPs’ prior clearance around electric lines that occur on public land.

° This notice is not required for hazard trees or for urgent cutting or removal of trees.

The intention of the requirement to publish a notice is to make residents and the community aware of the impending electric line clearance works on public land. ESV expects this intent to be achieved as far as practicable.

If a rolling notice is used in this situation, its effectiveness should not undermine this intent.

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Figure 2—Notification process by notice

Tree cutting or removal required.

This does not apply to urgent cutting or removal.

The pruning or removal affects vegetation on land.

Notification includes:

° contact details of responsible person

° details of intended cutting or removal

° advice that responsible person has procedures for issue resolution and details on how these can be accessed

° intended date(s) for cutting or removal within 14–60 days of notice

° details of the consultation procedure (consultation clause 17)

° if tree is significant or listed in planning scheme

° diagram showing tree and electric line, and where tree will be cut.

Tree on private land—notice to property owner or occupier.

Notification includes:

° contact details of responsible person

° details of intended cutting or removal

° advice that responsible person has procedures for issue resolution and details on how these can be accessed

° intended date(s) for cutting or removal within 14–60 days of notice

° if tree on public land, significant or listed in planning scheme.

Note: this notice is not required if cutting or removal is to be carried out by the relevant council.

Tree on public land—notice to relevant council.

The prunning or removal works affects the use of contiguous private property.

Notification includes:

° contact details of responsible person

° details of intended cutting or removal

° advice that responsible person has procedures for issue resolution and details on how these can be accessed

° intended date(s) for cutting or removal within 14–60 days of notice

° details of impact that cutting or removal may have on affected person’s use of their land during cutting or removal.

Use of contiguous land to be affected during cutting or removal— notice to property owner or occupier.

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Figure 3—Notification process by publication

Pruning or removal required.

This does not apply to urgent pruning or hazard trees.

Notice to be published in newspaper circulating in general area.

Newspaper includes:

° major dailys

° leader groups

° council newsletters

° etc.

Notification includes:

° description of the cutting or removal

° when the pruning will commence within 14–60 days.

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The ELC regulations consist of four parts and two schedules as follows:Regulation

Part 1—Preliminary

1. Objectives

2. Authorising provisions

3. Commencement

4. Revocation

5. Definitions

6. Meaning of a tree for which a person has clearance responsibilities

Part 2—Prescribed Code of Practice and related provisions

7. Prescribed Code of Practice

8. Prescribed penalty provisions

9. Preparation of management plan

10. Obligations relating to management plan

11. Exemptions

12. Offences for which infringement notices may be served

Part 3—Transitional arrangements and expiry

13. Definitions

14. Transitional arrangements for applicable responsible persons

15. Opting out of transitional arrangements

16. Expiry

Appendix 1: Structure and content of Electricity Safety (Electric Line Clearance) Regulations 2015

Part 4—Consequential and related amendments to other regulations

17. Consequential amendments to the Electricity Safety (Bushfire Mitigation) Regulations 2013

18. Related amendment to the Electricity Safety (Installations) Regulations 2009

Schedule 1—Code of Practice for Electric Line ClearanceClauses

Part 1—Preliminary

1. Definitions

2. Meaning of minimum clearance space

Part 2—Clearance responsibilities

Division 1—Roles of responsible persons

3. Responsible person must keep minimum clearance space clear of trees

4. Exception to minimum clearance space for structural branches around insulated low voltage electric lines

5. Exception to minimum clearance space for small branches around insulated low voltage electric lines

6. Exception to minimum clearances space for structural branches around uninsulated low voltage electric lines in low bushfire risk areas

7. Owner or operator of transmission line must manage trees around minimum clearance space

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8. Responsible person may cut or remove hazard tree

Division 2—Manner of cutting and removing trees

9. Cutting of tree to comply with Standard

10. Cutting or removal of specified trees must be minimised

11. Cutting or removing habitat for threatened fauna

12. Restriction on timing of cutting or removal if notification is required

13. Restriction on urgent cutting of trees

14. Restriction on urgent removal of trees

Division 3—Notification, consultation and dispute resolution

15. Responsible person must provide notification before cutting or removing certain trees

16. Responsible person must publish notice before cutting or removing certain trees

17. Responsible person must consult with occupier or owner of private property before cutting or removing certain trees

18. Notification and record keeping requirements for urgent cutting or removal

19. Dispute resolution

Division 4—Additional duties of responsible persons

20. Duty relating to the safety of cutting or removal of trees close to an electric line

21. Duty relating to assisting to determine the allowance for cable sag and sway

22. Duties relating to management procedures to minimise danger

Part 3—Minimum clearance spaces

Division 1—Standard minimum clearance spaces

23. Additional distance that allows for cable sag and sway

24. Insulated electric lines in all areas

25. Uninsulated low voltage electric line in a low bushfire risk area

26. Uninsulated high voltage electric line (other than a 66 000 volt electrical line) in a low bushfire risk area

27. Uninsulated 66 000 volt electrical line in a low bushfire risk area

28. Uninsulated low voltage and high voltage electric lines (other than a 66 000 volt electrical line) in a hazardous bushfire risk area

29. Uninsulated 66 000 volt electric lines in a hazardous bushfire risk area

30. Transmission lines

Division 2—Alternative compliance mechanisms

31. Application for approval of alternative compliance mechanism

32. Formal safety assessment of alternative compliance mechanism

33. Approval of alternative compliance mechanism

34. Amendment of approval

35. Suspension or revocation of approval

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Figure 3 Insulated electric lines in all areas and uninsulated high voltage electric lines (other than 66 000 volt electric lines) in low bushfire risk areas (clauses 24 and 26, graphs 1 and 3)

Figure 4 Uninsulated low voltage electric line in a low bushfire risk area (clause 25, graph 2)

Figure 5 Uninsulated 66 000 volt electric line in a low bushfire risk area and uninsulated electric line in a hazardous bushfire risk area (clauses 27, 28 and 29, graphs 4, 5 and 6)

Figure 6 End view of the transmission line (clause 30)

Figure 7 Trees adjacent to the transmission line (clause 30)

Schedule 2—Applicable distance for middle two- thirds of a span of an electric lineGraph 1 Insulated electric lines in all areas

(clauses 3 and 24)

Graph 2 Uninsulated low voltage electric line in low bushfire risk area (clauses 3 and 25)

Graph 3 Uninsulated high voltage electric line (other than a 66 000 volt electric line) in low bushfire risk area (clauses 3 and 26)

Graph 4 Uninsulated 66 000 volt electric line in low bushfire risk area (clauses 3 and 27)

Graph 5 Uninsulated low voltage and high voltage electric line (other than a 66 000 volt electric line) in hazardous bushfire risk area (clauses 3 and 28)

Graph 6 Uninsulated 66 000 volt electric line in hazardous bushfire risk area (clauses 3 and 29)

Figure 1 Plan view of electric lines in all areas (clauses 24, 25, 26, 27, 28 and 29, graphs 1,2,3,4,5 and 6)

Figure 2 Insulated electric lines in all areas (clause 24, graph 1)

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Notes

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For further information go to www.esv.vic.gov.au or phone ESV on (03) 9203 9700.

Published by Energy Safe VictoriaLevel 5 Building 2 4 Riverside Quay Southbank VIC 3006

(Version 06/2016)