Electricity Act ‘Point of Supply’ definition

(3)

In this Act, point of supply, in relation to a property, means the point or points on the boundary of the property at which exclusive fittings enter that property, except that,—

(a)

if there are both high voltage lines and a transformer owned by the electricity distributor on the property, the point of supply is the point at which electricity from the transformer enters exclusive fittings; or

(b)

if there are non-exclusive fittings on the property, the point of supply is the point at which those fittings become exclusive fittings; or

(c)

if the exclusive fittings on the property are owned by a consumer that is a tenant or licensee of the owner or occupier of the property, the point of supply is the point at which those exclusive fittings enter the area leased or licensed by the consumer; or

(d)

if there is specific agreement that any other point on the property is the point of supply, the point of supply is the agreed point;—

and, in this definition,—

exclusive fittings means fittings used or intended to be used for the purpose of supplying electricity exclusively to that property

high voltage lines means lines conveying electricity at a voltage of 1 000 volts or more

property—

(a)

means the land within the boundary where the electricity is consumed:

(b)

includes the whole of the property, if the property is occupied wholly or partially by tenants or licensees of the owner or occupier:

(c)

includes the whole of any property that has been subdivided under the Unit Titles Act 2010

specific agreement may be an agreement—

(a)

entered into by—

(i)

the existing consumer; or

(ii)

any person with a greater interest in the property than the consumer (such as the consumer’s landlord); or

(iii)

any body corporate under the Unit Titles Act 2010 or the registered proprietor of the land to which the unit plan relates; and

(b)

entered into by the electricity distributor or the electricity retailer; and

(c)

entered into before or after the date on which this provision comes into force.

(4)

The new definition of point of supply in subsection (3)—

(a)

applies on and after the date on which the Electricity Amendment Act 2001 receives the Royal assent if—

(i)

an agreement exists between the electricity distributor and the consumer that the point of supply is already located at the point provided for in the new definition; and

(ii)

the consumer has not challenged the existence of that agreement before that date; and

(b)

is, in other cases, subject to the transitional provision in subsection (5).

(5)

The new definition of point of supply in subsection (3) does not apply in any other particular case until the electricity distributor has—

(a)

brought the fittings for which the consumer will become responsible as a result of the new definition to a reasonable standard of maintenance or repair, if those fittings are not at a reasonable standard at the time when this provision comes into force; and

(b)

notified the consumer in writing—

(i)

that the point of supply is as defined in accordance with the new definition; and

(ii)

the location of that point of supply; and

(iii)

the effect of the change to the point of supply; and

(iv)

that the point of supply may not take effect under this Act unless any fittings for which the consumer will become responsible have been brought to a reasonable standard of maintenance and repair; and

(v)

the date on which the point of supply will change (which must be no less than 20 working days after the date of the notification).