EXTRAORDINARY

GOVERNMENT OF FIJI GAZETTE SUPPLEMENT

No. 38                                               MONDAY, 30th SEPTEMBER                                                  2019

[LEGAL NOTICE NO. 88]

ELECTRICITY ACT 2017 ________

Commencement Notice

IN exercise of the powers conferred on me by section 1(2) of the Electricity Act 2017, I hereby appoint 30 September 2019 as the commencement date of the Electricity Act 2017. 

Dated this 30th day of September 2019.

A. SAYED-KHAIYUM

Attorney-General and Minister for Economy

[LEGAL NOTICE NO. 89]

ELECTRICITY ACT 2017 ________

Appointment of Regulator

IN exercise of the powers conferred on me by section 5(1) of the Electricity Act 2017, I hereby appoint the Fijian Competition and Consumer Commission as the Regulator for the purpose of carrying out the functions assigned or transferred to the Regulator by the Electricity Act 2017. 

Dated this 30th day of September 2019.

A. SAYED-KHAIYUM

Attorney-General and Minister for Economy

[LEGAL NOTICE NO. 90]

ELECTRICITY ACT 2017 ________

Electricity Regulations 2019

REGULATION

PART 1—PRELIMINARY

1. Short title and commencement
2. Interpretation
3. Service of documents etc.
4. Duties        of         inspectors          and       their      identification
   1. Standard systems and voltages
   2. Frequency and regulation of voltage and frequency
   3. Special requirements for extra-high voltages

PART 2—SYSTEMS AND VOLTAGES

PART 3—LICENSING AND REGISTRATION OF INSTALLATIONS

1. Application for licence to operate installation
2. Form of licence and fees
3. Conditions of licences
4. Registration of new installations

PART 4—PRECAUTIONS FOR LICENSEE INSTALLATION

1. Interpretation
2. Licensee to comply with Regulations and Wiring Rules
3. Precautions against excess electricity
4. Installations – conductors and protective devices
5. Fuses and switchgear
6. Generation – switchgear and protection
7. Instruments
8. Marking of switchgear and instruments
9. Connection of systems with earth
10. Protection conditions as to high voltage transformation, control etc.
11. Certain constructional details as to high voltage transformation, control etc.
12. Transforming apparatus, earthing
13. Underground supply cables
14. Test for resistance of insulation of underground lines
15. Overhead lines to be inaccessible
16. Conductor clearances of overhead supply lines
17. Climbing space between conductors
18. System temporary earths
19. Overhead line earthing requirements
20. Construction of overhead lines
21. Offences
22. Building alterations not to make overhead lines inaccessible

PART 5—ELECTRICAL CONTRACTORS’ AND WIRING PERSONS’ LICENCES

1. Electrical contractor’s licence
2. Wiring person’s licence
3. Offences
4. Period of contractor’s or wiring person’s licence and renewal
5. Production of contractor’s or wiring person’s licence
6. Suspension or cancellation of contractor’s or wiring person’s licence
7. Wiring person’s examinations
8. Notification           of         change   of         name,    address  etc.       of         licence   holder   and       surrender           of         suspended or cancelled licence
9. Loss or destruction of licence

PART 6—ELECTRIC DISCHARGE LAMPS

1. Electric discharge lamps
2. Installation balance
3. Consumers’ installations to comply with Wiring Rules etc.
4. Licensed contractor to obtain permission before wiring premises
5. Inspection and testing of consumers’ installations
6. Temporary supply
7. Substation for large installation
8. Service lines
9. Posts and poles
10. PVC insulated and armoured cables
11. Meters and meter boards
12. Main switchboard
13. Motors and other apparatus
14. Earth connections
15. Distinguishing colours of cables
16. Polarisation of general purpose outlet
17. Measurement
18. Advertisement of tariffs and alterations
19. Application for supply
20. Consumers’ deposits
21. Refusal to grant or discontinuance of supply, general
22. Discontinuance of supply for non-payment of account
23. Disconnection at consumer’s request
24. Interpretation
25. Testing stations
26. Meter test by Company or licensed supplier
27. Meter test at consumer’s request
28. Test at consumer’s premises with check meter
29. Meter incapable of registering accurately

PART 7—CONSUMERS’ INSTALLATIONS

PART 8—SUPPLY TO CONSUMERS AND DISCONTINUANCE OF SUPPLY

PART 9—METER TESTING AND ADJUSTMENT OF ACCOUNTS

PART 10—APPLICATION FOR LICENCE OR EXTENSION 

1. Application for licence or extension under section 9 of the Act
2. Form of notice under section 51 of the Act
3. Fees
4. Penalties
5. Powers of entry on land
6. Revocation

PART 11—MISCELLANEOUS

            SCHEDULE 1—FEES

            SCHEDULE 2—SWITCHGEAR AND PROTECTIVE APPARATUS

            SCHEDULE 3—INSTRUMENTS

            SCHEDULE 4—MINIMUM COVER

            SCHEDULE 5—DISTANCES

            SCHEDULE 6—RATES

            SCHEDULE 7—CURRENT

                        SCHEDULE 8—APPLICATION FOR LICENCE OR EXTENSION UNDER                 SECTION 9 OF THE ACT

            SCHEDULE 9—PENALTIES

IN exercise of the powers conferred on me by section 56 of the Electricity Act 2017, I hereby make these Regulations—

PART 1—PRELIMINARY

Short title and commencement

1.—(1) These Regulations may be cited as the Electricity Regulations 2019. 

(2) These Regulations come into force on the date the Electricity Act 2017 comes into force.

Interpretation

2. In these Regulations, unless the context otherwise requires—

“Act” means the Electricity Act 2017;

“appropriate form” means a form approved by—

(a)     the Regulator; or

(b)     if permitted by the Regulator, the Company or licensed supplier, for use in any particular case pursuant to the Act or these Regulations;

“circuit” means a system or part of a system;

“Company” means Energy Fiji Limited, the successor entity of the FEA under the Act;

“distributing main” means the portion of any main which is connected or intended to be connected to any service line or consumer’s line;

“licence condition” means a condition imposed under section 10 of the Act or regulation 10, as applicable;

“licensed electrical contractor” means the rightful holder of an electrical contractor’s licence issued under these Regulations or a renewal of an electrical contractor’s licence;

“licensed supplier” means a licensee of a public installation;

“licensed wiring person” means the rightful holder of a wiring person’s licence issued under these Regulations or a renewal of a wiring person’s licence;

“low voltage” means a voltage normally not exceeding 250 volts;

“medium voltage” means a voltage exceeding 250 volts but normally not exceeding 660 volts;

“overhead line” means a supply line which is placed above ground in the open 

air;

“road” means any road, street, lane, footpath, square, alley or passage over which the public have a right of way, whether a thoroughfare or not, and every bridge, culvert, drain, embankment, causeway, fence or other thing belonging or appertaining thereto;

“service line” means an electrical line owned and maintained by the Company or licensed supplier, at the voltage or which a consumer takes supply and connecting a consumer’s installation to a distributing main;

“substation” means any premises or enclosure or part thereof where energy is received for transformation, conversion, storage or distribution and includes any apparatus therein;

“supply”, where used as a noun, means the supply of electricity at or from a public installation or a public installation of the Company, as the case may be; 

“voltage” means the difference in electrical potential in volts between any pair of conductors or between any part of a conductor and earth; and

“Wiring Rules” means AS/NZS 3000:2018 as published on 26 June 2018, as amended from time to time, including as amended by the Regulator or by the Company or licensed supplier with the Regulator’s approval.

                                                                               Service of documents etc. 

3.—(1) Where under the Act or these Regulations a document or notice may be, or is required to be, given to a person, the document or notice may be given by— 

            (a)                                               in      the        case      of         a           person   who      is          neither   a           body     corporate           nor        a          firm—

(i)      delivering it to him or her personally;

(ii)     leaving it at that person’s place of residence last known to the person giving the document or notice with someone who apparently resides there, or at that person’s place of business or employment last known to the person giving the document or notice with someone who is apparently employed there; or

(iii)   sending it by post to that person’s place of residence, business or employment last known to the person giving the document or notice; (b) in the case of a body corporate—

(i)      delivering it to the secretary of the body corporate personally;

(ii)     leaving           it          at          the        registered           office    of         the        body     corporate           or         at          the        place     or principal place of business of the body corporate in Fiji with a person apparently employed there; or

(iii)   sending           it          by         post      to         the        registered           office    of         the        body     corporate           or         to         the place or principal place of business; (c) in the        case      of         a           firm—

(i)      delivering       it          to         a           member of         the        firm      personally;

(ii)     leaving           it          at          the        place     or         principal place     of         business of         the        firm      in         Fiji       last known to the person giving the document or notice with a person apparently employed there; or

(iii)   sending it by post to the place or principal place of business of the firm          in         Fiji       last       known   to         the        person   giving   the         document           or         notice.

(2)    A          reference            in         subregulation      (1)        to         the        registered           office    of         a           body     corporate           includes a reference            to         a           registered           office    that       is          outside  Fiji.

Duties of inspectors and their identification

4.—(1) Inspectors must carry out the duties prescribed in the Act and must in addition, with a view to ensuring that the provisions of the Act and these Regulations are complied with, inspect and test licensees’ and consumers’ installations and apparatus during and upon completion of construction of such installations and thereafter, as may from time to time be required, during their operation or use.

(2)    The       official  identification      card      or         badge    to         be         carried   by         an         inspector            seeking  to         enter     any premises under any of the powers conferred by the Act must be in the appropriate form.

PART 2—SYSTEMS AND VOLTAGES

Standard systems and voltages

5. Electricity must be supplied or used on one or more of the following systems— (a) using direct current—

(i)              a 2-wire system at 240 volts; or

(ii)            a 3-wire system at 480 volts between the outer conductors and 240 volts between each outer and intermediate conductor; (b) using alternating current—

(i)      a single phase 2-wire system at 240 volts;

(ii)     a single phase 3-wire system at 480/240 volts;

(iii)   a 3-phase 4-wire system at 415 volts between phases and 240 volts between each phase and neutral conductor; or

(iv)   in the case of high voltages a single phase 2-wire system or a 3-phase 3-wire system,

or         such      other     systems as         may      be         specifically         authorised          by         the        Company           or         licensed supplier.

Frequency and regulation of voltage and frequency

6.—(1) The frequency of alternating current systems must be 50 cycles per second.

(2)      At all points on a distributing main, the voltage must be maintained within the tolerance of 6% above and 6% below the standard voltage of the system.

(3)      The frequency of alternating current must be maintained within the tolerance of 2% above and 2% below the standard frequency of 50 cycles per second.

Special requirements for extra-high voltages

1. Subject to regulations made by the Regulator, in any installation intended to operate at a voltage of greater than 13,000 volts, the Company or licensed supplier may require any reasonable safeguards additional to those prescribed in these Regulations.

PART 3—LICENSING AND REGISTRATION OF INSTALLATIONS

Application for licence to operate installation

1. Any person applying for a licence under the Act to operate or work an installation must supply to the Company or licensed supplier (acting as the Regulator’s agent), if it requires—

(a)     plans         and       specifications      of         the        installation         sought   to         be         licensed, as         existing or proposed at the time of the application;

(b)     for the installation (other than a consumer’s installation), a map of the area of supply, showing the position of the generating station, substations, main supply lines and distributing mains, as existing or proposed at the time of the application;

(c)      such other information as the Company or licensed supplier requires to enable it to consider the application; and

(d)     such other information as the Regulator requires and as prescribed by regulations made by the Regulator.  

Form of licence and fees

1. A licence to operate or work an installation must be in the appropriate form, and a licensee must pay the appropriate fee in respect of the licence as set out in Schedule 1 at the  times     specified            in         Schedule            1.         

Conditions of licences

10.—(1) It must be a condition of every licence that the licensee must comply with the provisions of the Act and these Regulations, in so far as they may be applicable to the licensee or the licensee’s installation or any part thereof.

(2)      It must be a condition of every licence for any public installation (including any new installation) that—

(a)     the licensed supplier, must as soon as reasonably practicable and in any event within 28 days after the granting of his or her licence or, in the case of a new installation, prepare a map of the area of supply, on which must be shown the position of his or her generating station, substations, main supply lines and distributing mains, and must keep the map up to date by marking thereon every extension, addition or alteration and must send to the Company or licensed supplier and the Regulator, not later than the last day of February in each year a list summarising all such extensions, additions and alterations made during the last preceding calendar year and particulars of the date of completion, location and length of line or main, in respect of each extension, addition or alteration;

(b)     the Company or licensed supplier must keep a record setting out particulars of the date, period of duration, nature and cause of every failure of supply, whatever its duration affecting the whole of his or her supply of any section of a high voltage transmission system in his or her installation provided that, where an automatic recloser, or multiple fuse gear is used to protect a section of a high voltage transmission system, a fault which does not cause a fatal disconnection of the system need not be recorded;

(c)      the Company or licensed supplier must keep the map and records referred to          in         the        foregoing           provisions          of         this    subregulation      at          the        principal office    or         the generating station of his or her installation and must permit the Chief Inspector, or any person authorised by the Chief Inspector, to inspect the map or records at that place at all reasonable times;

(d)     the Company or licensed supplier must, at all times during the term of his or her licence, comply with the requirements of all Acts, regulations and by-laws applicable to him or her or his or her installation in relation to the construction, installation, maintenance or operation of his or her installation or any part thereof and (without restricting the generality of the foregoing) will comply with all provisions and requirements, in so far as they are so applicable, of—

(i)      the Towns (Building) Regulations 1935;

(ii)     the Public Health (Building) Regulations 1959;

(iii)   the Telecommunications Act 2008 and the regulations made thereunder;

(iv)   the Petroleum Act 1938 and the regulations made thereunder;

(v)     the Factories Act 1971 and the regulations made thereunder; and

(vi)   any Act, regulations or by-laws passed or made in amendment or replacement of any of such Acts and regulations;

(e)      the Company or licensed supplier will not charge any consumer for electricity supplied to him or her from the licensed supplier’s installation at a higher rate than the maximum charge or charges applicable to the consumer set out in the licensed supplier’s licence or otherwise under regulations made by the Regulator under section 57 of the Act.

(3)      The conditions prescribed in the foregoing provisions of this regulation must be in addition to any other conditions imposed by the Company, licensed supplier or Regulator and set out in the licence.

Registration of new installations

11.—(1) An application for registration of a new installation under the Act must be made in the appropriate form and the owner or licensee of the installation must, before the issue      of         a           certificate           of         registration,        pay       to         the        Company           or         licensed supplier the        appropriate registration fee set out in Schedule 1.

(2)    A          certificate           of         registration         of         a           new      installation         by         the        Company           or         licensedsupplier must be in the appropriate form.

PART 4—PRECAUTIONS FOR LICENSEE INSTALLATION

Interpretation

1. Where used in this Part, the term “licensee” includes—

(a)     the owner of an unlicensed installation, which is in the course of construction or installation and in respect of which, when it is in use or operation, a licence under the Act is required; and

(b)     the owner or management of an unlicensed installation which is in use or operation and in respect of which a licence is required under the Act.

Licensee to comply with Regulations and Wiring Rules

1. In the construction, installation, maintenance and operation of his or her installation, every licensee must comply with—

(a)     the provisions of this Part; and

(b)     the requirements of such of the Wiring Rules as are applicable and, where no such rule applies, such requirements as the Company, licensed supplier or Regulator in writing approves or requires.

Precautions against excess electricity

14.—(1)         A          licensee must     provide  in         his        or         her        installation         sufficient           fusible   cut-outs or automatic circuit breakers to give protection as far as practicable against the effect of excess electricity and such cut-outs or circuit breakers must not be inserted in any conductor permanently connected with earth.

(2)      During the construction of, or the carrying out of any repair, maintenance or other work on, his or her installation or any part thereof a licensee is under a continuing obligation to always use reasonable endeavours to avoid danger.

(3)      Any damage or loss of life caused which is established by the Regulator to be directly or indirectly attributable to a breach of subregulation (2), must require the licensee to pay reasonable compensation and damages as determined by the Regulator.

                                                            Installations – conductors and protective devices

15.—(1) All conductors must be adequately protected, where necessary, against damage and to prevent danger.

(2)      Where necessary to prevent danger, adequate precautions must be taken by earthing to prevent any metal other than conductors from becoming electrically charged.

(3)      Where necessary to prevent danger, insulating stands or screens must be provided and kept permanently in position and must be maintained in sound condition.

(4)      Portable insulating stands or screens, boots, gloves, and other protective devices must be provided and used where necessary to prevent danger and must be periodically examined by an authorised person.

(5)      No person, except an authorised person or a competent person acting under the immediate supervision of an authorised person must undertake any repair, alteration, extension, cleaning or other work where technical knowledge or experience is required in order to avoid danger.

(6)      Notices containing directions in the English, iTaukei and Hindi languages for the treatment of persons suffering from the effects of electric shock must be displayed in conspicuous positions in all premises wherein people are normally employed and where electricity is generated, transformed, converted or used at high voltage and in such other premises as the Company or licensed supplier may require and subject to any regulations made by the Regulator.

Fuses and switchgear

16.—(1) Every switch, switch-fuse, circuit breaker and isolating link must be—

(a)     so constructed, placed or protected so as to prevent danger;

(b)     so constructed and adjusted so as to make and maintain accurate and good electrical contact and be so arranged that it cannot be left in partial contact;

(c)      provided    with      an         efficient handle   or         other     means   of         working it,         which    must     be insulated from the system and so arranged that any live parts cannot accidentally be touched;

(d)     so constructed or arranged that it cannot accidentally fall or move into electrical contact when left out of contact; and

(e)      provided with a visible means of indication showing clearly whether the switch is open or closed.

(2)      Every switch and circuit breaker intended to be used for breaking a circuit must be so constructed that an arc cannot accidentally be maintained.

(3)      Every fuse must be so constructed and arranged so as to prevent damage from overheating or from arcing, or, when it comes into operation, from scattering hot metal or other substance.

(4)      Every fuse must be of such construction, or so protected by a switch, that the fusible metal can be readily renewed without danger.

Generation – switchgear and protection

17.—(1) A switchboard controlling the supply from a generator which does not operate in        parallel  with      any       other     generator           must     be         fitted with      at          least      the        switchgear          and       protective           apparatus set out in Schedule 2 applicable to the system of distribution.

(2) Where 2 or more generators are to be operated in parallel, additional protective apparatus must be provided to the satisfaction of the Company or Regulator and subject to any regulations made by the Regulator.

Instruments

1. A          switchboard        controlling         the        supply   from     a           generator           must     be         fitted     with      at          least      the instruments set out in Schedule 3 applicable to the system of supply and operation.

Marking of switchgear and instruments

1. All switchgear and instruments must be clearly marked to indicate their function and rating.

Connection of systems with earth

1. Every system must be connected with earth in accordance with the following conditions—

(a)     at least one point of the system must be connected with earth;

(b)     in a 3-wire direct current system, the intermediate conductor must be earthed;

(c)      in a low voltage or medium voltage 3-phase 4-wire system, the neutral conductor must be earthed;

(d)     in a high voltage system supplying a distributing main at low voltage or medium voltage by means of a transformer—

(i)      all transformers shall be installed in accordance with, and comply with, clauses 4.14.2 to 4.14.5 of the Wiring Rules;

(ii)     in the case of an overhead distributing main, the neutral conductor must be earthed at a point not less than 7.62 metres from the transformer earth and, except at its connection with the earth electrode, the earthing connection must be insulated from earth;

(e)      in a 3-phase 3-wire system at high voltage, there must be at least one position where a star connection or an interconnected star connection is used to form a neutral point and the neutral point must be earthed;

(f)      where any part of a circuit is normally connected with earth, no switch, fuse or circuit-breaker must be inserted in the earthed conductor and the connection with    earth     must     be         efficiently          maintained         except   when     it          is          interrupted by means of a link for the purpose of a test;

(g)     the design and construction of earth connections must be such that, when contact is made between a live conductor and metal connected with earth, the resulting leakage of electrical current must not be less than twice the amount of the leakage of electrical current required to operate the protective device to make the conductor dead;

(h)     tests must be made by the licensee at intervals of not more than 12 months to ensure that all earth wires used in connection with supply lines are intact and that the earth connections and electrodes are effective.

Protection conditions as to high voltage transformation, control etc.

21.—(1) The following provisions must apply where electricity at high voltage is transformed, converted, regulated or otherwise controlled—

(a)     outdoor substations and outdoor ground mounted switch stations must be protected by fencing not less than 2.29 metres in height or by other sufficient    means   so         as         to         prevent  access   to         the        conductors         and       apparatus           therein by unauthorised persons;

(b)     on a consumer’s premises, all conductors (other than overhead lines) and apparatus which are or may be designed to be alive at high voltage must be so enclosed as to prevent access by unauthorised persons.

(2) At any part of any installation where electricity at high voltage is transformed, converted, regulated or otherwise controlled, an appropriate danger notice must be displayed in a conspicuous position.

Certain constructional details as to high voltage transformation, control etc.

22. The following provisions as to constructional details must be observed where electricity at high voltage is transformed, converted, regulated, or otherwise controlled—

(a)     in street boxes or similar structures or in enclosures on a consumer’s premises—

(i)      all doors or covers must be so secured that they cannot be opened except by means of a key or special appliance, and the enclosed apparatus must be so protected and arranged that, when a door or cover giving access to an operating-panel or switch-panel is opened, it must not be possible for the person opening the door or cover to come into accidental contact with metal electrically charged at high voltage; and

(ii)     unless the conditions of supply are such that the whole of the enclosed conductors and apparatus can be made dead at the same time for the purpose of cleaning or for other work thereon, the conductors and apparatus must be so arranged that they can be made dead in sections, and the sections must be so separated by divisions or screens from all adjacent live metal that work on any section made dead can be carried on by an authorised person without danger;

(b)     on the supports of overhead lines or in other suitable positions (other than ground mounted outdoor substations or switch stations) adjacent to the conductors of any system, conductors and transforming or switching apparatus, unless completely enclosed and connected with the system by armoured conductors or effectively screened, must be so arranged such that no live metal with which contact can be made must be less than 4.27 metres from the ground or less than 4.27 metres from any place accessible to an unauthorised person;

(c)      every operating or inspecting platform upon which it is intended that any authorised person may stand must be not less than 2.59 metres from any exposed high voltage live metal; and

(d)     the means provided for disconnecting a transformer, circuit breaker or fusible cut-out from conductors which are alive at high voltage, and the fusible cut-out itself, if intended to be renewed while the conductors are alive at high voltage, must be such that they can be operated or renewed by any authorised person without danger.

Transforming apparatus, earthing

23.—(1) Where electricity is transformed, suitable provision must be made, by connecting with earth a point of the system at the lower voltage or otherwise, to guard against danger by reason of the said system becoming accidentally charged above its normal voltage by leakage from or contract with the system at the higher voltage.

(2) The metal cases of all transformers must be effectively earthed.

Underground supply cables

24.—(1) Every underground supply cable must be thoroughly and continuously insulated and   must     comply  with      the        relevantStandard Specifications issued    by         the        Australian/New   Zealand Standard, for the time being in force and in so far as they are applicable and subject to any regulations made by the Regulator.

(2)      Every underground supply line for use at high voltage must be enclosed in a metal sheathing which must be electrically continuous and connected with earth.

(3)      Every underground supply line must be protected from mechanical damage by earthenware,         stoneware,          concrete,            iron       or         fibre            conduit  or         pipe      and       must     be         laid       with      the        minimum cover set out in Schedule 4.

(4)      Underground supply lines may be laid on the same side of the street as underground telecommunication lines after consultation with the relevant authorities and stakeholders.

(5)      All conduits, pipes, casings, street-boxes and manholes, when placed under roadways, must          be         made     of         durable  materialand       of            sufficient           strength to         prevent  damage  from     heavy    traffic.

(6)      Where any underground supply line is brought above the surface of the ground to connect with an overhead supply line above ground it must be completely enclosed in an effectively earthed metal pipe or casing to a height of at least 2.44 metres from the ground.

(7)      The impedance of the circuits of high voltage supply lines must, with full voltage maintained at the source of supply, be such that, in the event of a failure of insulation occurring between a conductor and the metal sheathing, the electric current resulting from such failure must not be less than twice the value of the current for which a suitable fusible cut-out of adequate rupturing capacity or other suitable overload-preventative device has been set or twice the value of the current required to operate a suitable  discriminative-fault current-relay, provided that the operation of the overload-preventative device or of the discriminative-fault current-relay must cause the operation of an automatic circuit breaker of adequate rupturing capacity.

Test for resistance of insulation of underground lines

25.—(1) Every underground supply line, after it has been placed in position and before it is used for the purpose of the supply, must be subjected to a voltage test in a manner approved by the Company or licensed supplier.

(2) Where any underground supply line has been disconnected from a system for alteration or repair it must not be reconnected to the system until an inspector or an authorised person   has        applied  a           test       similar   to         that       required under    subregulation      (1)        and       is          satisfied that the insulation of the line is in sound condition.

Overhead lines to be inaccessible

26.—(1) Overhead line conductors, other than those fully insulated for the voltage at which they are to operate, must be rendered inaccessible to any person without the use of a ladder or other special appliance.  

(2) The normal use by the occupier of any land or premises (including maintenance work on the exterior of buildings) must be taken into consideration and, where necessary, the position         of         the        conductors         must     be         selected so         as         to         provide  sufficient           clearance           for        safety    in accordance with such use.  

Conductor clearances of overhead supply lines

27.—(1) The minimum conductor clearances from ground, buildings and structures required for the installation of overhead supply lines at any point on a span at a temperature of 50°C, in still air must, except with the written consent of the Company or licensed supplier, be not less than the distances set out in Schedule 5.

(2) Notwithstanding the foregoing provisions consumers’ line or service lines at low voltage or medium voltage must be installed in accordance with applicable provisions of the Wiring Rules.

Climbing space between conductors

1. Where it may be necessary for an authorised person to climb between conductors on the same pole there must be a minimum horizontal distance of not less than 0.51 metres between the conductors.

System temporary earths

1. Where it is necessary for authorised persons to work on any high voltage supply line for the purpose of repair, maintenance or cleaning, the supply line must be disconnected from the sources of supply and earthed and—

(a)     in the case of an underground high voltage line earthing connections must be made at each end of the line and the line must be spiked and earthed at the working point;

(b)     in the case of an overhead line earthing connections must be made at each end of the line and local earths must be applied on both sides of the working point,    such      earths    to         be         at          least      32.26    square   millimetres         in         area      and       fitted     with a suitable clamping arrangement to ensure a good connection provided that, if it is desired to carry out the work without disconnecting the line from the sources of supply, approval of the method or technique to be used must          first       be         obtained from     the        Company           or         licensed supplier, in         writing    subject to any regulations made by the Regulator.

Overhead line earthing requirements

30.—(1) In every overhead system means must be provided to reduce to a practical minimum the risk of a line conductor remaining alive after it has fallen owing to breakage or otherwise.

(2)      All metal work, except conductors, within 3.05 metres from the ground must be earthed.

(3)      Every stay wire must be connected with earth except where it is connected with unearthed metal work, in which case it must be insulated by the insertion in the wire of an insulator suitable for the voltage of the line at a height of not less than 3.05 metres above the ground.

(4)      Where any special equipment on a pole includes metal work which is accessible to any person from ground level and normally has to be handled by the person operating it when the line is alive (for example a switch operating handle), such metal work must either be connected to an earth mat, so situated as to include within its area the whole of the ground on which the operator will normally stand, or be provided with an insulated section of such suitable size and insulating properties as to prevent danger.

(5)      The requirements of regulation 20(g) must be complied with in the installation of overhead systems.

(6)      It must be permissible in a high voltage system for a suitable inductive resistance to be inserted in the connection with earth, provided that such resistance must have characteristics which will ensure, on a line conductor making contact with earth metal, the immediate suppression of any arc between earth and the conductor and the immediate reduction of the voltage of the conductor to earth potential or about earth potential.

(7)      All earth electrodes must be so installed as to prevent so far as is practicable dangerous voltage gradients at ground level.

Construction of overhead lines

31.—(1) Every support for an overhead supply line must be so located as to avoid obstructing   pedestrian          or         vehicular            traffic    as         far        as is          practicable.

(2)      Overhead line conductors must be of copper, cadmium copper, aluminium, steel cored aluminium or such other suitable materials as may from time to time be approved by the Company or licensed supplier and subject to any regulations made by the Regulator.

(3)      Every overhead line conductor must, at the time of its erection, comply with the relevant  Standard Specifications     issued    by         the        British   Standards            Institution          or         the        relevant Standard Specification      issued    by         the        Standards           Association        of         Australia,           for            the        time      being     in force and in so far as they are applicable and subject to any regulations made by the Regulator.

(4)      Every overhead line conductor must be of such size as to have an actual breaking load of not less than 362.87 kilograms.

(5)      The tension in any overhead line conductor must not exceed one half of its ultimate tensile strength when, at a temperature of 16°C it is subjected to a wire pressure of 78 kilograms per square metre.

(6)      For the purposes of this subregulation—

“applied load”     means   the        load      which    the        pole      is          required to         carry     in         the        specified            direction calculated as a signal force applied at a point 2 feet below the top of the pole;

“failure” means the condition occurring when a support is so loaded as to be incapable of supporting further load or as to suffer permanent deformation, whichever    condition           first       occurs;

“load factor” means the ratio of the applied load to the ultimate load;

“transverse” means the horizontal direction at right angles to the direction of the line; and

“ultimate load” means the load which when applied at a point 0.61 metres below the top of the pole causes failure;

(a)     overhead line conductors must be attached to insulators carried on supports of wood, steel or reinforced concrete;

(b)     insulators, supports and their foundations must be designed and constructed in accordance with the following provisions— 

(i)      applied loads on supports must be calculated on the assumption that each support and each conductor, when at a temperature of 16.67°C, must be loaded by a transverse wind pressure of not less than the following:     Pressure on         projected            area      of         a           flat        surface: 219.71         kilograms per square metre. Pressure on projected area of a cylindrical surface, including a conductor 78.12 kilograms per square metre, and the following load factors must not be exceeded—

                           Steel supports                                                   90%

                           Reinforced concrete supports                              40%

                           Wooden supports                                              50%

(ii)     the strength of a support in the direction of the line must be not less than one-quarter of its required strength in the transverse direction;

(iii)   insulators and insulator pins must comply with the  Specifications, for the time being in force issued by the Australian/New Zealand Standard and in every insulator or insulator pin the minimum load at which failure occurs must be not less than twice the horizontal load from each conductor when, at a temperature of 16 °C it is subjected to a transverse pressure of 78 kilograms per square metre.

Offences

32. Any licensee who, in the construction, installation, maintenance or operation of his or her installation, or any part thereof, contravenes— (a) any of the foregoing provisions of this Part; 

            (b)   any of the requirements of such of the Wiring Rules as applicable; 

(c)      any of the requirements of the Company or licensed supplier pursuant to regulation 13(b); or

(d)     any of the requirements of the Regulator pursuant to written law, commits an offence.

Building alterations not to make overhead lines inaccessible

33.—(1) If, at any time after the erection of an overhead supply line belonging to the Company or licensed supplier, any person proposes to erect a new building or other structure, whether permanent or temporary, or to make any permanent or temporary addition or alteration to a building or structure he or she must, if the new building, structure, addition or alteration must or may be able to render the overhead supply line accessible to any person without the use of a ladder or other special appliance, give notice in writing of his or her intention to commence the work to the Company or licensed supplier and must not commence work on the building, structure, addition or alteration until the Company or         licensedsupplier has        certified in         writing  that       the        overhead            supply   line       will       not        be         or         be         liable to become so accessible either during or after the execution of the work subject to any regulations made by the Regulator.

(2)    If any alteration is required to any overhead supply line belonging to the Company or licensed      supplier to         enable   a           certificate           under          subregulation      (1)        to         be         given,    the        alteration—

(a)     must be carried out by the Company or licensed supplier at the expense of the person proposing to erect the new building or structure or make the addition or alteration to a building where the part of the line requiring alteration crosses any road; or

(b)     in any other case, must be dealt with under section 32 of the Act.

(3)    Any person who contravenes this regulation commits an offence.

PART 5—ELECTRICAL CONTRACTORS’ AND WIRING PERSONS’ LICENCES

Electrical contractor’s licence

34.—(1) Subject to any regulations made by the Regulator, any person who wishes to be a licensed electrical contractor must make an application in writing to the Company and must furnish all information to the Company or licensed supplier that it may require, and the Company or licensed supplier may, in its discretion, issue an electrical contractor’s licence in the appropriate form to any applicant being—

(a)     a municipal council; 

(b)     a person who immediately before 1 January 1969 was an approved contractor under the Lautoka Electricity By laws 1955;

(c)      a licensed wiring person; 

(d)     a partnership, company, society, association or body of persons, corporate or unincorporate, trading or intending to trade as an electrical contractor, upon    the    Company           or         licensed supplier being     satisfied that       at          least      one       member or employee of the partnership, company, society, association or body is either a licensed electrical contractor or a licensed wiring persons; 

(e)      a person whose electrical contractor’s licence has expired and not been renewed,     and       who      is          qualified to         be         an         applicant    under    any       of         the        foregoing           provisions of this subregulation; or

(f)      a person whose electrical contractor’s licence has been cancelled or suspended under regulation 39 and in whose use the Company or licensed supplier, in its discretion, thinks it proper to grant a new licence, provided that    such      person   is          otherwise           qualified to         be         an         applicant    under    this       subregulation.

(2)      Every application must be accompanied by the appropriate fee for the issue of an electrical contractor’s licence set out in Schedule 1, and the fee must be refunded by the Company to the applicant if the application is not granted.

(3)      Any person who contracts to do, or carries out as a contractor, any electrical work of wiring, constructing, installing, repairing altering any installation, or any part of an installation, without being the holder of a valid electrical contractor’s licence or renewal of such a licence issued to him or her by the Company of licensed supplier commits an offence.

Wiring person’s licence

35.—(1) Subject to any regulations made by the Regulator, every person wishing to be a licensed wiring person must make an application in writing to the Company or licensed supplier and       must     finish    all         information        to         the        Company           or         licensedsupplier that       it          may      require and the Company or licensed supplier may issue a wiring person’s licence in the appropriate form to any person, who is of or above the age of 18 years and—

(a)     has            completed          a           certificate,          diploma or         degree   on         the        trade     of         electrical            fitter     and    mechanic           at          an         institution          recognised          by         the        Company           or         licensedsupplier, and has 2 years continuous working experience in electrical wiring; 

(b)     has            completed          an         apprenticeship     in         the        trade     of         electrical            fitter     and       mechanic,          or    satisfies the        Company           or         licensed supplier that       he         or         she        has        had       at          least      4 years’ experience in electrical wiring work and, in either case, has passed the wiring person’s licence examination prescribed by regulation 40;

(c)      is  the        holder   of         a           degree,  diploma or         other     qualification       in         electrical            engineering granted by a university or similar institution in the United Kingdom, Australia, New Zealand or the Republic of Ireland or of a degree,    diploma or         other     qualification       in    electrical            engineering        of         any       other     university or similar institution which, in the opinion of the Company or licensed supplier, is equivalent to a similar degree, diploma or other qualification       of         the        United   Kingdom,           Australia,           New      Zealand or         the    Republic of Ireland; 

(d)     has            obtained from     a           country  other     than      Fiji,       qualifications      that       in         the        opinion  of         the        Company    or         licensed supplier are        equivalent          to         a           certificate,          diploma or         degree   in         the        trade     of    electrical            fitter     and       mechanic           from     an         institution          in         Fiji that is recognised by the Company or licensed supplier, and has 2 years continuous working experience in electrical wiring; 

(e)      has been a licensed wiring person but whose licence has expired and not been renewed; or

(f)      has been a licensed wiring person but whose licence has been cancelled or suspended under regulation 39 and in whose case the Company or licensed supplier, in its discretion, thinks it proper to grant a new licence,

to submit himself or herself for, and pass, an oral test conducted by a person appointed by the Company or licensed supplier, of his or her knowledge of the Wiring Rules.

(2)      Every application must be accompanied by the appropriate fee for the issue of a wiring person’s licence set out in Schedule 1, and the fee must be refunded by the Company or licensed supplier to the applicant if the application is not granted.

(3)      If the Company or licensed supplier requires, the applicant must supply to the Company or licensed supplier before the issue of his or her wiring person’s licence 2 small photographs of himself or herself.

Offences

36.—(1) No person must do or carry out any electrical work of wiring, constructing, installing, repairing or altering any installation or any part of an installation unless he or she holds a valid wiring person’s licence or renewal of such a licence issued to him or her by the Company or licensed supplier.

(2)    A licensed wiring person must not do or carry out any electrical work of wiring, constructing, installing, repairing or altering any installation or any part of an installation unless the work is done or carried out—

(a)     in the course of his or her employment by a licensed electrical contractor; 

(b)     in the course of his or her own electrical contractor’s business, in respect of which he or she is the holder of an electrical contractor’s licence; 

(c)      by him or her as a member of a partnership, company, society, association or body of persons, which is the holder of an electrical contractor’s licence issued under regulation 34(d); 

(d)     in the ordinary course of his or her work as a regular and fulltime employee of a person who does not carry on the business of an electrical contractor, provided that such work is done only on, or in connection with, the employer’s own installation or apparatus; or

(e)      at his or her own premises and on, or in connection with, an installation of which he or she is the owner.

(3)    Any person who contravenes this regulation commits an offence.

Period of contractor’s or wiring person’s licence and renewal

37.—(1) Every electrical contractor’s licence or a wiring person’s licence, not being a renewal of such a licence nor a licence to which regulation 35 applies must commence on the day on which it is issued and must continue in force until 31st December in the year of issue.

(2)      An electrical contractor’s licence or a wiring person’s licence may be renewed annually in the appropriate form upon application made to the Company or licensed supplier not earlier than one month before, nor 12 months after its expiry date or the expiry date of its last renewal.

(3)      Every renewal of an electrical contractor’s licence or wiring person’s licence must commence on 1 January in the year for which it is renewed or the date on which the holder of the licence applies for its renewal whichever is the later date, and must continue in force until 31 December in that year.

(4)      Application for renewal of an electrical contractor’s licence or wiring person’s licence must be made to the Company or licensed supplier in writing, and must be accompanied by the appropriate fee set out in Schedule 1 and by the expiring or expired licence for endorsement of renewal or for surrender and replacement, as the Company or licensed supplier may direct.

(5)      The Company or licensed supplier may require an applicant for renewal of a wiring person’s licence to supply to it 2 small photographs of himself or herself before the issue to  him       or         her        of         the        fifth      renewal of         his        or         her        wiring   person’slicence   and       at          intervals of         not less than 5 years thereafter.

Production of contractor’s or wiring person’s licence

38.—(1) Every holder of an electrical contractor’s licence or a wiring person’s licence must, if requested  to do so by any of the following persons, namely—

(a)     an authorised representative of the Company or licensed supplier; 

(b)     an authorised representative of the Company or licensed supplier in whose area of supply the holder of the licence has undertaken or carried out, or is undertaking or carrying out, or proposes to undertake or carry out any electrical work; 

(c)      the owner or occupier, or any person authorised by the owner or occupier, of the property where the holder of the licence is undertaking or carrying out or proposes to undertake or carry out electrical work; or

(d)     a   police    officer,

produce his or her licence to that person.

(2) Any person being the holder of an electrical contractor’s licence or a wiring person’s licence who contravenes this regulation commits an offence.

Suspension or cancellation of contractor’s or wiring person’s licence

39.—(1) An electrical contractor’s licence or a wiring person’s licence may be suspended or cancelled by the Company or licensed supplier if it has been issued erroneously or in consequence of any false or fraudulent statement or document.

(2)      An electrical contractor’s licence or a wiring person’s licence may be suspended or cancelled by the Company or licensed supplier upon proof that the holder of the licence, or any person employed by the holder of an electrical contractor’s licence acting in the course of his or her employment—

(a)     has carried out electrical work in a negligent, unsatisfactory or incompetent manner, provided that the licence must not be suspended or cancelled if the work conforms to the applicable requirements of these Regulations and the Wiring Rules in force on the date on which the work was carried out; 

(b)     by any oral or written representation, or by intentionally concealing any electrical work which is inferior or unsatisfactory or has been carried out in a negligent, unsatisfactory or incompetent manner, has deceived or attempted to         deceive  an         officer   of         the        Company           or         licensed    supplier or         any of the persons entitled under regulation 38 to require production of the electrical contractor’s or licensed wiring person’s licence, as to any fact, matter or thing relating to an installation or any part of an installation or the electrical work there; 

(c)      has tampered with, or without prior permission of the Company or licensed supplier broken the seal of, any meter, maximum demand indicator, service fuse or other apparatus within or forming part of an installation belonging to or under the control of the Company or licensed supplier; or

(d)     without the permission of the Company or licensed supplier, has connected to the supply—

(i)      any new installation or part of a new installation; 

(ii)     a circuit or addition to a circuit of such a nature that thereafter the circuit or addition is not metered or is metered at a tariff or rate other than that which is correctly applicable to such circuit or addition; or (iii) an additional installation or an extension of an existing installation.

(3)      An electrical contractor’s licence or a wiring person’s licence may be suspended or cancelled by the Company or licensed supplier upon proof that—

(a)     the holder of the licence has failed to pay any fees due by  him or her to the Company or licensed supplier under these Regulations; or

(b)     the holder of an electrical contractor’s licence being a partnership, company, society, association or body of persons has ceased to have at least one member or employee who is the holder of an electrical contractor’s licence or the holder of a wiring person’s licence. 

(4)      The Company or licensed supplier must, before suspending or cancelling an electrical contractor’s licence or a wiring person’s licence, give the holder a due opportunity to be heard.

(5)      Where an electrical contractor’s licence or a wiring person’s licence has been suspended it must, during the period of suspension, be of no effect. 

(6)      Notice of the suspension or cancellation of an electrical contractor’s or wiring person’s licence must be given by the Company or licensed supplier to the holder in writing and the suspension or cancellation must have effect from the date of service of the notice on the holder.

Wiring person’s examinations

40.—(1) Wiring person’s licence examinations must be conducted by the Company or licensed supplier at such times and places and in such manner as may from time to time be decided by the Company or licensed supplier in accordance with regulations made by the Regulator.

(2)      An examination may consist of written, oral and practical tests, and candidates may be examined on the theory and practice of applied electricity, electrical wiring work and the Wiring Rules.

(3)      Application to be examined must be made in writing to the Company or licensed supplier and must be accompanied by the examination fee prescribed in Schedule 1, and the fee must be refunded to the applicant if he or she is not accepted as a candidate for examination.

(4)      An applicant for acceptance as a candidate for examination must send to the Company or licensed supplier with his or her application evidence of his or her completion of an apprenticeship         to         the        trade     of         electrical            fitter     and       mechanic,          or         of         his        or         her        experience            in electrical wiring work, and of his or her good behaviour for the period twelve months immediately preceding his or her application.

(5)      A person must not be accepted as a candidate for examination unless he or she proves to the Company’s or licensed supplier’s satisfaction that—

(a)     he or she is a person of good character; and

(b)     he or         she        has        completed          an         apprenticeship     to         the        trade     of         electrical            fitter     and       mechanic or has had at least 4 years’ experience in electrical wiring work. 

Notification of change of name, address etc. of licence holder and surrender of suspended or cancelled licence

41.—(1) The holder of an electrical contractor’s licence or a wiring person’s licence must within 14 days after the happening of any of the following events—

(a)     a change in the name of the holder; 

(b)     a change in the address of the holder; 

(c)      a change in the membership of a partnership which is the holder of an electrical contractor’s licence; 

(d)     a partnership, company, society, association or body of persons, which is the holder of an electrical contractor’s licence, replacing with another qualified    person   the        member or         employee           whose   holding  of         an         electrical            contractor’s licence or a wiring person’s licence enable the partnership, company, society, association or body of persons to obtain its electrical contractor’s licence under regulation 34(d); 

(e)      a partnership, company, society, association or body of persons, which is the holder of a contractor’s licence, ceasing to have at least one member or employee who is a licensed electrical contractor or a licensed wiring person; and

(f)      the receipt by the holder of notice from the Company or licensed supplier of the suspension or cancellation of the licence,

forward the licence to the Company or licensed supplier with, except in the case of paragraph (f),   written   notification         of         the        change   or         occurrence.

(2)      As        soon      as         practicable         after      receipt   of         a           notification         given     under    any       of         subregulation      (1)(a), (b), (c) or (d), the Company or licensed supplier must endorse the licence with particulars of the change and return it to the holder.

(3)      A licence forwarded to the Company or licensed supplier under subregulation (1)(e) or (f) must, unless it has been cancelled under regulation 39, be retained by the Company or licensed supplier until the expiration of any period of suspension of the licence under regulation 39 and be then returned to the holder.

(4)      Any person being the holder of an electrical contractor’s licence or wiring person’s licence who contravenes this regulation commits an offence. 

Loss or destruction of licence

42.—(1) If an electrical contractor’s licence or a wiring person’s licence has, during the currency thereof, been lost or destroyed, the holder of the licence must, as soon as reasonably practicable,     give      written   notification         thereof   to         the        Company           or         licensedsupplier.

(2)      The       Company           or         licensed supplier, if          satisfied that       the        licence   has        been      so         lost       or         destroyed, must on payment by the holder of the appropriate fee set out in Schedule 1 issue a duplicate, so marked, in place of the original. 

(3)      The Company or licensed supplier may require any licensed wiring person whose licence has been lost or destroyed to supply it with 2 small photographs of himself or herself before issuing a duplicate licence to him or her. 

(4)      Where a licence, which has been lost or destroyed and replaced, is recovered, the original licence must be returned promptly to the Company or licensed supplier.

(5)      Any person who contravenes this regulation commits an offence. 

PART 6—ELECTRIC DISCHARGE LAMPS

Electric discharge lamps

43.—(1) This regulation applies to every installation at which a discharge lamp is installed. 

(2)   The installation of electric discharge lamps must be carried out in accordance with the requirements of the Wiring Rules and with the following provisions of this regulation. 

(3)   A  firefighter’s        emergency         switch   must     be         provided for—(a) every exterior high voltage discharge lamp installation;

(b) every interior high voltage discharge lamp installation, which is intended to operate unattended (for example, for window lighting or display purposes). (4)    Every        firefighter’s        emergency         switch   must     comply  with      the        following           requirements—

(a)     it must be so arranged as to isolate the discharge lamp or lamps from all phases of the supply, except that it need not isolate the discharge lamp installation from the neutral of 3-phase 4-wire system;

(b)     it  must     be         painted  red        and       near      it          must     be         fixed     a           prominent          notice    marked  with the words “FIREFIGHTER’S SWITCH”; and its “ON” and “OFF” positions must be clearly indicated, with the “OFF” position above the “ON” position;

(c)      it  must     be         fixed     in         a           conspicuous       position reasonably          accessible          to         firemen  and at not more than 2.74 metres above ground;

(d)     in  an         exterior  installation,        it          must     be         fixed     as         nearly    as         possible directly  below the discharge lamp or lamps, or a notice indicating the position of the switch must be placed directly below the lamp or lamps and another notice must     be         fixed     near      the    switch   so         as         to         render   it          clearly   distinguishable;

(e)      in an interior installation, it must at the main entrance to the building or otherwise in a position approved by National Fire Authority;

(f)      where        more     than      one       firefighter’s        switch   is          installed at          a           building, every     switch must be clearly marked so as to indicate the installation or section of the           installation         which    it          controls, and       the        local     fire       brigade  authority,           if    any,      must     be         notified  in         writing  of         the        position of         each      switch   in         relation  to         the        installation or section of installation which it controls; and

(g)     every notice and all lettering required to be displayed by this regulation must be legible to a person standing on the ground. 

(5) Any person who contravenes this regulation commits an offence.

PART 7—CONSUMERS’ INSTALLATIONS

Installation balance

44. In an installation or separately metered portion of an installation supplied from more than one phase, the loading must be balanced as nearly as practicable over each of the phases and in any case must be limited to an out of balance current of less than 25 amperes.

Consumers’ installations to comply with Wiring Rules etc.

45.—(1) The construction, installation, alteration or repair of any installation, or of any wires,   fittings,  equipment          or         apparatus           forming part       of an         installation,        or         of         any       addition to or extension of an installation, at or about any premises connected or intended to be connected to the supply of any public installation or public installation of the Company must be carried out in accordance with the Wiring Rules and the applicable provisions of these Regulations;   and all         such      wires,    fittings,  equipment,         apparatus           and       other     parts     of         any       such      installation         must     comply  with      the applicable          specifications      contained           in         these     Regulations,       or         with      the        specifications      of         the        Standards Association        of         Australia            in         force     for        the        time      being so far as the same are applicable and are not inconsistent with these Regulations, or,         where    no         such      specifications      are        applicable,         the        specifications      of         the        British   Standards           Institution in force for the time being so far as they are applicable. 

(2)      Every consumer must maintain his or her installation and apparatus in a condition complying with the standards required by the applicable provisions of the Wiring Rules and of these Regulations and, whenever a defect is found in his or her installation or apparatus, must, as soon as reasonably practicable, cause the same to be remedied.

(3)      No person must connect, and no consumer must permit to be or to remain connected to,   any       installation,        or         any       wire,     fitting,   equipment,            apparatus,          consuming         device   or         other     part of an installation which is declared by the Company or licensed supplier to be unsafe or likely to interfere with the supply to other consumers.

(4)      Any person who contravenes this regulation commits an offence.

Licensed contractor to obtain permission before wiring premises

46.—(1) Before any electrical work of wiring, constructing, installing, repairing, altering or adding to any installation, or any part of an installation, connected to or to be connected to the supply of the Company or licensed supplier is connected to the supply, the licensed electrical contractor undertaking the work must obtain from the Company or licensed supplier written permission to do the work (and subject to any regulations made by the Regulator regarding these matters).

(2)    Subject to any regulations made by the Regulator, an application for the Company’s or licensed supplier’s permission under subregulation (1) must be in writing, must contain full particulars of the work to be done and the address of the premises at which the work is to be done, and must be signed by both the licensed electrical contractor and the consumer or person intending to become the consumer in respect of the premises.

(3)    Any person who contravenes this regulation commits an offence.

Inspection and testing of consumers’ installations

47.—(1) This regulation is subject to any regulations made by the Regulator. 

(2)      Before any installation is connected to the Company’s or licensed supplier’s supply, or before any alteration or addition to an installation, or any part of any installation which has been repaired, is connected to the supply, the licensed electrical contractor responsible for the work must notify the Company or licensed supplier in writing that the installation, alteration or addition or repair work is ready to be inspected and tested, provided that, in the case of a large installation where progressive inspections and tests must be necessary, a separate    notification         must     be         given     in         respect   of         each      progress inspection          and       test       required.

(3)      The       notification         to         be         given     under    subregulation      (2)        must     be         signed   by         the        licensedelectrical contractor responsible for the work, must contain a statement that the work done on or in connection with the installation, alteration or addition has been carried out in accordance with the requirements of regulation 45 and must specify—

(a)     the number (if any) of the permit issued for the work under regulation 46;

(b)     the name of the owner of the installation;

(c)      the address of the premises where the installation is situated;

(d)     the number of electrical outlets installed;

(e)      particulars of the lamps, motors and other consuming devices connected or intended to be connected to the installation as a result of the work; and 

(f)      in  the        case      of         a           notification         for        the        purpose of         a           progress inspection          and       test, the part of the installation or work for which the inspection and test are required.

(4)      The       licensed electrical            contractor          must,     at          the        time      of         giving   the        notification         required under subregulation (2), pay to the Company or licensed supplier the appropriate service line charges as determined by the Company or licensed supplier from time to time.

(5)      Except for the purposes of an inspection or test under the foregoing provisions of this regulation or except as permitted by regulation 48, no installation and no alteration or addition to an installation, or in the case of work requiring progressive inspections and tests no part of an installation  or of an alteration or addition thereto, must be connected to the Company’s or licensed supplier’s supply until it has been inspected, tested and passed by a person authorised for that purpose by the Company or licensed supplier as complying in all respects with the requirements of regulation 45.

(6)      No        charge   must     be         made     for        the        first       inspection          and       test       of         any       work     or         progresswork but, if it is found by that inspection and test that the installation, addition or alteration, or the electrical work in connection therewith does not comply with the requirements of regulation 45, the licensed electrical contractor responsible for the work must pay before and in respect of every reinspection and further test the appropriate fee set out in Schedule 1.

(7)      Any fee payable under subregulation (6) must be paid to the Company or licensed supplier or, if the person authorised to carry out the inspection and test is an employee of the Company or licensed supplier, the Company or licensed supplier.

(8)      The connection to the supply of an installation or part of an installation after it has been inspected and passed under this regulation must not imply that it has been done in the best possible manner, and the Company or licensed supplier must not be held responsible should a defect subsequently be found.

Temporary supply

1. Under special circumstances, the Company or licensed supplier may connect an installation to the supply notwithstanding that one or more of the requirements of these Regulations        have      not        been      satisfied, provided that—

(a)     no such connection must be made unless an inspector or the Company or licensed supplier, having given full consideration to the circumstances in which    the    installation         is          to         be         used,     is          satisfied that       the        installation         is          reasonably free from danger; and

(b)     no such connection must be allowed to continue for a period of more than 3 months.

Substation for large installation

1. Where, in the opinion of the Company or licensed supplier, it is necessary, in the case of any installation in which the demand for electricity is likely to exceed 100 amperes per phase, for the Company or licensed supplier to install a transformer substation within the consumer’s premises, the necessary space for the substation and any enclosure required to protect the substation must be provided by the consumer at his or her expense.

Service lines

50.—(1) Subject to any regulations made by the Regulator, service lines must be maintained in good and serviceable condition by the Company or licensed supplier, at the expense of the consumer, but must be the property of the Company or licensed supplier. The cost of providing and maintaining service lines must be determined from time to time by the Company or licensed supplier. The renewal of all service lines which, in the opinion of the Company or licensed supplier, are unserviceable, or are liable to become unserviceable or unsafe, and the provision of new service lines, must be at the expense of the consumer.

(2)      If a consumer does not meet the cost of maintenance or renewal in advance, the Company or licensed supplier may disconnect the service line from the supply.  In the event of a dispute as to the condition of a service line, the decision of the Chief Inspector of         the        Company           or         licensed supplier must     be         final,            provided that       a           consumer           must     continue to be liable for any claims arising from the presence or condition of a service line for a period of 2 years, unless such consumer has received a notice of approval of line from the Company or licensed supplier prior to the expiration of such period. Where premises comprising more than one building or structure are under one ownership, or in the charge of one management, and are situate on one piece of land or a block of contiguous pieces of land, only one service line must normally be permitted for connection to the supply of all the buildings and structures on the land, provided that, upon an application disclosing special reasons, the Company or licensed supplier may permit the connection of more than one service line to the premises.

(3)      Conductors of service lines must not be secured directly to the conductors of overhead distributing mains but must be taken from an insulator or service terminator bracket, or other  approved            attachment,        mounted on         a           subsidiary          cross     arm       fixed     on         the        pole      below    the        cross arm for the distributing mains and electrical connections may then be made between the groups of conductors.

(4)      All        service   lines      must     be         of         such      types     and       specifications      as         may      be         directed by         the        Company or licensed supplier.

(5)      The termination of every new service line at the cross arm on the pole and at the consumer’s premises must be by service terminating brackets of a nature approved by the Company or licensed supplier.

(6)      To provide protection against the effect of excess electricity, a suitable fusible cutout or automatic circuit-breaker (to be supplied by and at the expense of the Company or licensed supplier) must be inserted in every service line, provided that no such fusible cutout or automatic circuit breaker must be inserted in any conductor which is permanently connected with earth.

(7)      Any section of a consumer’s line between the point of entry into his or her premises and his or her main switchboard must be enclosed in conduit or protected in a similar manner; and no insulated or sheathed cable (TPS or TRS) must be installed in that section of a consumer’s line unless it is wholly so enclosed.

(8)      Service connections must have current carrying capacities, with demands calculated in accordance with the Appendix C of the Wiring Rules.

(9)      The minimum size of any aerial conductor shall be in accordance with section 3 of the Wiring Rules.

Posts and poles

1. Minimum sizes of posts, poles and struts for aerial conductors shall be used in accordance with Appendix D of the Wiring Rule.

PVC insulated and armoured cables

1. Where PVC insulated steel wire armoured PVC sheathed cables are used for underground supply lines and are laid direct in the ground and protected by circuit-breakers or high rupturing capacity fuses of suitable rating, the current rates in Schedule 6 must apply.

Meters and meter boards

53.—(1) Where required for the purposes of control of a consumer’s installation or for measuring the quantity of electricity supplied to a consumer’s installation, the Company or         licensed supplier must     supply   and       fix        a           meter    or         meters   on         a           switchboard        to         be         provided by and at the expense of the consumer.

(2)      Meters must be installed at consumers’ premises in positions determined by the Company or licensed supplier and must be kept accessible at all reasonable times to all persons employed by the Company or licensed supplier for purposes connected with the meters.

(3)      All meters required to be installed in premises comprising one building or structure, including      premises occupied            by         more     than      one            tenant,   must     be         fitted     in         one       common switchboard.

(4)      All        meters   and       other     equipment          provided and       fixed     at          a           consumer’s         premises by         the Company or licensed supplier must remain the property of the Company or licensed supplier; but the consumer must be responsible for the safekeeping of such meters and equipment and must bear the cost of replacing or repairing any loss of or damage to any meter     or         other     equipment          while     it          is          fixed     at          the        consumer’s            premises.

(5)      The consumer must not in any way interfere with any meter or other equipment at his or her premises provided and owned by the Company or licensed supplier and must, as soon as reasonably practicable, report to the Company or licensed supplier any defects which he or she must observe therein.

(6)      The number and type of any meters or associated equipment to be installed at a consumer’s premises must be as determined by the Company or licensed supplier in each case.

Main switchboard

54. A consumer’s switchboard must be of a type, design and size approved by the Company or licensed supplier, whose approval of the arrangement of wiring, equipment and instruments on the switchboard must also be required.

Motors and other apparatus

55.—(1) Welding apparatus in which, under any conditions, the maximum current which may be drawn from the supply exceeds 15 amperes at 240 volts must not be connected between active and neutral conductors.

(2)      Single phase arc welding apparatus for connection between 2 active conductors exceeding a rating of 10 kVA, or 3-phase arc welding apparatus exceeding a rating of 30 kVA, must not be connected to an installation without the written permission of the Company or   licensedsupplier being     first       obtained.

(3)      No        welding apparatus           of         the        transformer        type      must     be         used      unless    it          is          fitted     with      power factor correction capacitors.

(4)      No single phase 240 volt AC motor, having a full load rating exceeding 1 hp, must be connected to an installation without prior permission in writing being obtained from the Company or licensed supplier.

(5)      No motor the starting current of which, measured by a damped ammeter, exceeds the current given in the table set out in Schedule 7 must be connected to an installation without prior permission in writing being obtained from the Company or licensed supplier.

(6)      No alternating current apparatus must be connected to an installation unless the power factor at full load is not less than 0.85.

Earth connections

1. Water pipes must not be used as earth electrodes.

Distinguishing colours of cables

1. Cables   of         different colours  must     be         used      for        identification      purposes in         accordance         with the system set out in rule 301 of the Wiring Rules.

Polarisation of general purpose outlet

58.—(1) For uniformity of connection, every general purpose outlet must be connected in accordance with the following system.

(2) When viewed from the front of the outlet, the order must be earth, active, and neutral in a clockwise direction.

PART 8—SUPPLY TO CONSUMERS AND DISCONTINUANCE OF SUPPLY

Measurement

59. For the purpose of computing the quantity of electricity supplied to a consumer, the standard of measurement must be a unit equal to 1 kilowatt-hour.

Advertisement of tariffs and alterations

60.—(1) The tariffs from time to time prescribed under section 18 of the Act for the prices to be charged by the Company or licensed supplier for the supply of electricity and the hire of apparatus, and every alteration in such tariffs, must be advertised at least once in a newspaper circulating in Fiji.

(2) Every alteration in such tariffs must come into force on a date to be stated in the advertisement         which    must     be         not        less       than      7          days after      the        date      of         the        first       publication         of         the advertisement and must thereupon be binding on every consumer affected thereby.

Application for supply

1. Every person who desires to be supplied with electricity by the Company or licensed supplier       must     fill        in,         sign      and       deliver   to         the            Company           or         licensed supplier an         application         on         a           form to be supplied by the Company or licensed supplier for that purpose and in accordance with regulations made by the Regulator.

Consumers’ deposits

1. In the event only that a customer has failed on a previous occasion to make payment of a bill that is not contested in good faith then—

(a)     as security for the due payment for electricity to be supplied to customers and for hire of the Company’s or licensed supplier’s apparatus, every person desiring to become a consumer must deposit with the Company or licensed supplier before connection of his or her circuits to the supply, and thereafter maintain with the Company or licensed supplier, a deposit of a sum fairly estimated by the Company or licensed supplier to be equal to the total amount of all charges likely to be incurred by the consumer for the supply of electricity and hire of apparatus for 2 months but not being less than $10;

(b)     the Company or licensed supplier is entitled to require, as security for the due payment for electricity to be supplied by him or her and for hire of the Company’s or licensed supplier’s apparatus, any person desiring to become a consumer to deposit with the  Company or licensed supplier before connection of that person’s circuits to the supply, and thereafter to maintain with the Company or licensed supplier, a sum not exceeding the Company’s or licensed supplier’s reasonable estimate of the total amount of all charges likely to be incurred by the consumer for the supply of electricity and hire of apparatus for 2 months; 

(c)      a person who has paid a deposit to the Company or licensed supplier under this regulation, upon his or her ceasing to be a consumer in respect of the premises for which the deposit has been paid, is entitled to a refund by the Company or licensed supplier of the deposit, after deduction therefrom of all charges owing by him or her to the Company or licensed supplier for electricity supplied or hire of apparatus or otherwise in respect of the said premises; and

(d)     the Regulator is entitled at any point to prescribe deposits of a different amount and the Company or licensed supplier must be bound by such decision or regulation.  

Refusal to grant or discontinuance of supply, general

63.—(1) This regulation is subject to any regulations made by the Regulator.

(2)      The Company or licensed supplier may refuse to grant a supply of electricity to any        person   if          the        Company           or         licensed supplier is            reasonably          satisfied that       providing           such      supply would be dangerous to and/or cause undue interference with its supply system or with the supply to others, and will produce evidence of this to the Regulator no later than 7 days from demand. 

(3)      The Company or licensed supplier may refuse to supply electricity or may discontinue the supply—

(a)     to any premises where, after making such examinations, as the circumstances permit, has reasonable grounds for supposing that a customer’s installation or any part of it, including any supplier’s works on the customers side of the        supply   terminals            must     cause     danger   and/or   undue    influence    with      the        supplier’s system or with the supply to others, and will produce evidence of this to the Regulator no later than 7 days from demand;

(b)     where any electrical work of wiring, constructing, installing, repairing, altering or adding to any installation or any part of an installation done in any premises has not been carried out by a licensed electrical contractor under contract, unless—

(i)      the work has been done by a licensed wiring person at his or her own premises and on, or in connection with, an installation of which he or she is the owner; or

(ii)     the work has been done by a licensed wiring person in the ordinary course of his or her work as a regular and full-time employee of a person, who does not carry on the business of an electrical contractor, on or in connection with the employer’s own installation; or

(c)      to any premises where the installation or apparatus, or any part thereof—

(i)      does not comply with the requirements of regulation 45(1); 

(ii)     has not been maintained in accordance with the requirements of regulation 45(2); or

(iii)   has     had       connected          to         it          any       wire,     filing,    equipment,         apparatus           or         consuming device declared by the Company or licensed supplier to be unsafe or likely to interfere with the supply to other consumers.

(4)      The Company or licensed supplier may discontinue the supply of electricity—

(a)     at such times as may be necessary for the purpose of constructing, installing, inspecting, testing or repairing any part of a Company’s or licensed supplier’s public installation for any other purpose connected with the      efficient working of         any       such                  installation;        

(b)     for the purpose of inspecting, testing or otherwise exercising any powers conferred on the Company or licensed supplier by the Act or any of these Regulations in respect of, any installation or apparatus, or any part thereof, belonging to or used by any consumer; 

(c)      to any consumer who uses or deals  with the supply in such a manner as to interfere with      the        efficiency           of         the        supply   to         other    consumers;

(d)     to any consumer who wilfully interferes with or damages any installation, apparatus, meter or other equipment belonging to or operated by the Company or licensed supplier; or

(e)      to any consumer who refuses access to his or her premises on being given reasonable notice to the Company or licensed supplier or to any person employed by the Company or licensed supplier, for the purpose of reading any meter, or who refuses access to any person seeking entry to the premises in the lawful exercise of any power of entry or inspection conferred on such person by the Act.

(5)      If the Company or licensed supplier, having discontinued the supply to any consumer under this regulation, except subregulation (4)(a)and (b), agrees to renew the supply, the Company or licensed supplier is entitled to require the former consumer to pay before the renewal of the supply— 

(a)     the reconnection fee set out in Schedule 1; and 

(b)     any applicable deposit calculated pursuant to either regulation 62(1) or (2) (as applicable) held by the Company or licensed supplier pursuant to regulation 62(3).

Discontinuance of supply for non-payment of account

64.—(1) This regulation is subject to any regulations made by the Regulator.

(2)      The Company or licensed supplier is entitled to discontinue the supply to any consumer for non-payment of charges, if—

(a)     an account, showing the quantity of, and the charges for, electricity supplied to the consumer during the period covered by the account, and any charges properly payable by him or her for the hire of apparatus belonging to or operated by the Company or licensed supplier for any other services rendered for the consumer, has been given to the consumer by one of the modes provided for service of notices by regulation 3(1) or by leaving it at the premises in respect of which the charges are made; and

(b)     both of (i) the consumer has failed to pay to the Company or licensed supplier, as the case may be, the amount owing by the consumer under the account within 14 days after the day upon which the account has been given to the consumer and (ii) the Company or licensed supplier has served a further notice on the customer to pay following such 14 day period and the customer has failed to pay within 14 days of this second notice. Thereafter, if the customer’s account remains unpaid, the supplier must deduct the amount owed by the customer from the customer’s deposit pursuant to regulation 62. When the customer’s deposit reaches zero, the Company or licensed supplier is entitled to discontinue.

(3)      Upon discontinuance of supply under subregulation (2), the Company or licensed supplier must not be required to renew the supply of electricity to the consumer unless and until the consumer has paid the amount owing under his or her account, together with—

(a)     the reconnection fee set out in Schedule 1;

(b)     if required by the Company or licensed supplier, a new application for supply under regulation 61; and (c) any applicable deposit. 

(4)      The powers of discontinuance of supply given under subregulation (2) must be subject to any agreement or contract made between the Company or licensed supplier with the consumer restricting the power of discontinuance of supply or allowing the consumer a period longer than 14 days in which to pay his or her account.

Disconnection at consumer’s request

1. Unless an agreement or contract made between the Company or licensed supplier and the consumer provides otherwise any consumer who desires the Company to cease supplying electricity to him or her must give to the Company or licensed supplier at least 7 days’ prior written notice to that effect.

PART 9—METER TESTING AND ADJUSTMENT OF ACCOUNTS

Interpretation

1. In this Part—

“accurate”, when used to described a meter, means that meter’s error in the measurement of electricity does not exceed either 2.5% above or 2.5% below the correct measurement at any load at which the meter may be required to operate;

“inaccurate”, when used to describe a meter, means that the meter’s error in the measurement of electricity exceeds either 2.5% above or 2.5% below the correct measurement at any load at which the meter may be required to operate; and

“testing station” means a testing station approved by the Company or licensed supplier under regulation 67.

Testing stations

67.—(1)         Save      as         provided in         regulation          70,        no         meter    must     be         tested,   and       no         certificate           as to the result of a test must be issued, except at a testing station approved in writing by the Company or licensed supplier for that purpose.

(2)      Every testing station must maintain a register of all meters submitted to it and must enter therein the following particulars in respect of every such matter—

(a)     name of owner;

(b)     serial number;

(c)      date received;

(d)     conditions of seals when received;

(e)      date tested;

(f)      mean         value     of         error     on         first       test;      and (g)   performance after adjustment.

(3)      If, upon test, the meter is found to be inaccurate, the testing station must attempt to adjust the meter so as to make it accurate; and after such adjustment or attempted adjustment the    testing   station   must     seal       the        meter    and       issue     a           certificate           containing          the        particulars          required to be entered in its register of meters kept under subregulation (2), provided that, if the test is made for a licensed supplier who does not operate a testing station as part of his    or            her        undertaking,       the        certificate           must     be         issued    to         the        licensed supplier in         duplicate.

(4)      A licensed supplier, who does not operate a testing station, must pay to the testing station the meter test fee set out in Schedule 1 in respect of every meter submitted by him or her to a testing station for testing. 

                                                                Meter test by Company or licensed supplier

68.—(1) Before any meter used by the Company or licensed supplier for the purpose of ascertaining the amount of electricity supplied to a consumer is connected to the consumer’s circuits, it must be tested; and no meter must be so connected if it is found to be inaccurate.

(2) The Company or licensed supplier is entitled at any time to arrange for any meter connected to a consumer’s circuit to be tested and, if the meter is found to have ceased to register or to be inaccurate—

(a)     the Company           or         licensed supplier must     give      to         the        consumer           the        certificate           issued by the testing station in respect of the test and must replace the meter with a meter found to be accurate; and

(b)     the consumer’s account with the Company or licensed supplier must be adjusted in like manner to that set out in regulation 69(3)(b).

Meter test at consumer’s request

69.—(1) If any consumer considers that a meter connected to his or her circuits is inaccurate, the Company or licensed supplier must, on receipt from the consumer of notice to that effect, together with the meter test fee set out in Schedule 1, arrange for the meter to          be         tested    and       for        the        testing   station’s certificate showing the        result     of         the        test       to         be         given     to the consumer. 

(2)      If the test shows the meter to be accurate, the Company or licensed supplier is entitled to retain the test fee deposited by the consumer.

(3)      If the test shows the meter to be inaccurate—

(a)     the meter must be replaced by the Company or licensed supplier with a meter which has been tested and found to be accurate;

(b)     the consumer’s account with the Company or licensed supplier must be adjusted by crediting or charging it, as the case must require, with the amount of any overcharge or undercharge resulting from the inaccuracy of the meter in respect of the period to the date of the test from the beginning of the last period for which an account for electricity supplied was rendered to the consumer preceding the receipt by the Company or licensed supplier of the notice given by the consumer under this regulation; and

(c)      the test fee deposited by the consumer must be refunded to him or her by the Company or licensed supplier.

(4)      No question of the accuracy of a meter must relieve a consumer from payment to the Company or licensed supplier by the due date thereof of the amount charged for electricity supplied in the last account rendered to him or her preceding the giving of his or her notice under this regulation.

Test at consumer’s premises with check meter

70.—(1) With the consent of a consumer who has given a notice under regulation 69, the Company or licensed supplier may carry out a test by installing at the consumer’s premises a check meter in series with the meter the subject of the notice.

(2)      If the test shows the meter to be inaccurate, the meter must then be tested at a testing station.

(3)      The limits of error of a check meter used for a test under subregulation (1) must be less than 0.5% above the correct measurements and less than 0.5% below the correct measurement at any load at which the meter may be operated.

(4)      Every meter intended to be used as a check meter must be tested at intervals of not less than 6 months and details of its performance at all loads on each such test must be recorded at the testing station carrying out the test.

(5)      In testing a check meter, check readings must be taken over a usage of not less than 50 units and the dial showing consumption at the lower rate of measurement must be read.

Meter incapable of registering accurately

71.—(1) If a meter ceases to register, or is found to register so incorrectly that in the opinion of the person who has tested it at the testing station the extent of its error cannot be determined with reasonable accuracy, then, for the purpose of adjustment of the consumer’s account under regulation 68 or 69, the correct quantity of electricity consumed must be calculated from the daily average quantity consumed in the last period of 3 months before the test during which the meter, in the opinion of the Company or licensed supplier, can be reasonably believed to have been registering correctly.

(2)      If          the        meter    has        not        been      connected          to         the        consumer’s         circuits  for        a           sufficient           period   to enable the quantity of electricity consumed to be so calculated, then the Company or licensed supplier must make as close an assessment as possible of the quantity consumed after taking into consideration all relevant circumstances.

(3)      A consumer who disputes an assessment made under subregulation (2) may, within 3 months after the receipt by him or her from the Company or licensed supplier of an account or other form of written advice of the amount of the assessment, appeal against the      assessment         to         the        Chief     Inspector,           who      may            confirm or         vary      the        assessment         and       whose   decision is          final.

PART 10—APPLICATION FOR LICENCE OR EXTENSION 

Application for licence or extension under section 9 of the Act

72. An application for a licence or extension under section 9 of the Act must be—

(a)     made in the form as set out in Schedule 8; and

(b)     be accompanied by the fee as prescribed out in Schedule 1.

PART 11—MISCELLANEOUS

Form of notice under section 51 of the Act

1. A notice given by the Company or a licensed supplier under section 51 of the Act must be in the appropriate form.

Fees

1. Fees must be payable as prescribed in Schedule 1 in respect of the matters therein specified.

Penalties

75.—(1) A person who commits an offence under these Regulations or the Act is liable on conviction to— 

(a)     in the case of an individual, the applicable penalty prescribed in column 3 of Schedule 9;

(b)     in the case of a body corporate, the applicable penalty prescribed in column 4         of         Schedule            9,         and       for        a           director,    manager or         officer   in         charge   for        the        time      being, to the applicable penalty prescribed in column 5 of Schedule 9.

(2)      A person who commits an offence under these Regulations or the Act for which no other penalty is provided is liable on conviction to—

(a)        in         the        case      of         an         individual,          for        a           first       offence  to         a           fine       not        exceeding           $5,000   or imprisonment for a term not exceeding 12 months and, for a second or subsequent       offence  to         a           fine       not        exceeding           $20,000 or         imprisonment     for        a           term not exceeding 24 months or both; (b) in the case of a body corporate—

(i)      for     a           first       offence  to         a           fine       not        exceeding          2%        of         its         annual   gross     revenue and,      for         a           second   or         subsequent         offence  to         a           fine       not        exceeding          10%      of its annual gross revenue; and

(ii)     for     a           director, manager or         officer   in         charge   for        the        time      being,    a           fine       not        exceeding         $5,000   for        a           first       offence  and       a           fine       not        exceeding          $20,000 for a second or subsequent offence or imprisonment for a term not exceeding 24 months or both.

(3)      For the purposes of subregulation (2)(b), the court may, instead of imposing the prescribed penalty, impose a daily penalty up to 100 days at a maximum rate of 0.1% of annual gross revenue for every day the breach continues. 

(4) If a person is convicted under these Regulations or the Act, the Regulator may—

(a)     issue a direction to the person or impose additional licence conditions on the person’s licence; or

(b)     vary, suspend or revoke the licence or licence condition. 

(5)    It          is          a           defence  for        a           director, manager or         officer   in         charge   for        the        time      being     of         a           body corporate charged with an offence under these Regulations or the Act that the offence committed by the body corporate was committed without his or her consent and connivance and that he or she took all reasonable steps to prevent its commission. 

Powers of entry on land

76.—(1)         The       Company           or         licensed supplier, as         the        case      may      be,        may,     by         their      officers, agents or servants, do all or any of the following—

(a)     survey and take levels of any State, iTaukei or private land or any part thereof and also dig out and remove any earth, stone, soil, sand and gravel whatsoever for the construction, maintenance or alteration of any line or any part thereof or for any other purpose in connection with the works authorised by the Act or these Regulations;

(b)     cut and remove from any State, iTaukei or private land any tree or any branch, bough or other part of a tree growing on such lands within 30 metres of any main or sub-main used for conducting electricity and which may in any way affect or interfere with the works;

(c)      open or break up any road in consultation with Fiji Roads Authority;

(d)     erect and maintain posts, staywires, poles or pillars in or upon any land and attach, place and maintain wires, lines, conduits or other appliances and things necessary for the works in, under, through or over, across or upon any street, road, land, building, houses or premises,

provided that, before the exercise of any of the powers conferred by this subregulation, notice of the intention of the Company or licensed supplier, as the case may be, must be served on the owner or owners or other interested party at least 3 clear days before the exercise of such power.

(2) In the exercise of the powers conferred by subregulation (1), the Company or the licensed supplier, as the case may be, must not be deemed to acquire any right other than that of user only in or over the soil of any land through, over or under which the Company or licensed supplier, as the case may be, causes to be placed any of the works and should any of the work so carried through, over or under any such land become a nuisance or the cause of loss to the owner of such land, the Company or licensed supplier, as the case may be, must at the expense of the Company or licensed supplier, as the case may be, remove or alter such work or must give reasonable compensation as may be agreed or in the case of difference to be determined by arbitration.

Revocation 77. The Electricity Regulations 1968 is revoked.

Approved this 30th day of September 2019.

A. SAYED-KHAIYUM

Attorney-General and Minister for Economy

Made this 30th day of September 2019.

J. YOUNG

Chairperson Fijian Competition and Consumer Commission

SCHEDULE 1

(Regulation 74)

________

FEES

SCHEDULE 2

(Regulation 17(1))

________

SWITCHGEAR AND PROTECTIVE APPARATUS

SCHEDULE 3

(Regulation 18)

________

INSTRUMENTS

NOTE 1 – Where an instrument is required to make more than one measurement a suitable multiway         switch   or         plug      together with      suitable  [•shunts] or instrument          transformers       must     be used.

NOTE 2 – Where compound generators are to be operated in parallel the ammeter must be connected in the pole other than that to which the equaliser connection is made.

NOTE 3 – A frequency indicator, an indicating wattmeter and an exciter ammeter must be provided for any AC generator of over 50 kilowatts capacity.

SCHEDULE 4

(Regulation 24(3))

________

MINIMUM COVER

SCHEDULE 5

(Regulation 27(1))

________

DISTANCES

SCHEDULE 6

(Regulation 52)

________

RATES

SCHEDULE 7

(Regulation 55(5))

________

CURRENT

Starting currents of motors:

(i)      single phase motors – 20 amperes;

(ii)     3-phase motors not exceeding 2 hp – 16 amperes;

(iii)    3-phase motors exceeding 2 hp but not exceeding 6 hp – 8 amperes per hp; (iv) 3-phase motors exceeding 6 hp – 33 amperes plus 2.5 amperes per hp.

Sealed compressor unit motors up to 1 hp rating may be connected to an installation but no such motor exceeding 1 hp rating must be connected to an installation without prior permission in writing being obtained from the Company or licensed supplier.

No alternating current apparatus must be connected to an installation unless the power factor at full load is not less than 0.85.

SCHEDULE 8

(Regulation 72)

________

APPLICATION FOR LICENCE OR EXTENSION UNDER SECTION 9 OF THE ACT

LICENSING AND REGISTRATION OF INSTALLATIONS

1. This form contains information on licensing of installations pursuant to the provisions of the Electricity Act 2017.
2. The requirements set out in this form must be observed by any person granted with a Licence to operate or work an installation under the provisions of the Electricity Act 2017.

LICENSING AND REGISTRATION OF INSTALLATIONS

Notes on Use of this Form:

1. This form has been prepared for use in respect of installations that are required to be licensed by the Fijian Competition and Consumer Commission pursuant to the provisions of the Electricity Act 2017.
2. The Fijian Competition and Consumer Commission may require information in another form if desired or if appropriate in particular instances although the details covered in this form should be incorporated in any such form.
3. In all cases, either enter the responses in the form below or attach on a separate sheet that is numbered and referenced in the appropriate space below.

     1.0 APPLICANT DETAILS

CONTACT DETAILS

CORRESPONDENCE ADDRESS  

(for correspondence/billing if different from above)

Signed by the applicant: 

_______________________    _______________________ Name of applicant             Signature of applicant

In the presence of:

_______________________                                           _______________________

Name of witness                                                                          Signature of witness

Common seal (if applicable):                                                                         

Date: _______________________

SCHEDULE 9 

(Regulation 75(1))

________

PENALTIES

Price: $3.90             A. BAHADUR, SERENDIB INVESTMENT PTE LTD, (Government Printer), Suva, Fiji – 2019                  122/FGGS/19—170 Official Printer Since 2019