Signing the Declaration under the Development Act 1993

From 1 January 2007, the Development Act 1993 requires development applications to council to include a declaration of compliance with the requirements of the Electricity Act 1996, regarding safety clearance distances from powerlines. Note that buildings include other structures-such as temporary scaffolding.

In order to sign the declaration that your building/development will comply with the requirements of the Electricity Act 1996 and associated regulations, you will need to be aware of the requirements. In the first instance, please review our Powerline Clearance Declaration Guide. The guide will help you decide if powerline clearance is an issue for your development.

If you cannot establish compliance using the general information in the guide, please refer to the brochure Building Safely Near Powerlines for further information. This brochure contains information on how to identify the voltage of a powerline and the legislated clearance distances to be complied with. If you have difficulty in identifying the voltage of a powerline, you can contact the ETSA Utilities Asset Manager for your area for assistance.

The majority of cases will not have any powerline issues as normal residential setbacks often cause the building to comply with the clearance distances prescribed by the Electricity Act. Similarly, buildings/renovations located far away from powerlines, for example towards the back of properties, will usually be compliant with the requirements of the Act.  

Particular care needs, however, to be taken for developments on major roads, commercial developments and in other cases where high voltage powerlines exist. 

Should applicants not sign the declaration of compliance; the council will refer the application to the Technical Regulator for direction. (Technical Regulator directions are given to the council). In order for the Technical Regulator to assess the application in a timely manner, certain information is required: 

• Site plans need to show the location of the powerlines and the supporting stobie poles or towers, in relation to the development. The Technical Regulator cannot provide advice on the clearance distance from the building to the powerlines if this is not shown on the plans.
• The length of the span (the distance between the poles)
• Elevation drawings are also necessary, including the floor level of any balconies as well as the total height of the building.
• Voltages of all powerlines (see the OTR brochure Building Safely Near Powerlines or contact your local ETSA Utilities Asset Manager). Please note that more than one voltage may be present.
• Details of all proposed structures, including scaffolding etc.

The Technical Regulator will make an assessment based on this information. Should further information be required, you will be contacted.

In addition to the clearance distances between buildings or structures and powerlines that need to be complied with, the Electricity (General) Regulations 1997 also impose safe working clearances. You therefore need to also consider the method of construction (use of cranes, elevated work platforms etc). See the Working Safely near Overhead Powerlines brochure.