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Overview of the National Environmental Standards for Electricity Transmission Activities (3 of 3)

This overview answers the following questions:

How does the NES work?

The intention of the NES is to permit transmission activities that do not have significant adverse effects on the environment. Where necessary, conditions are set to limit the effects.

Activities that do not have 'significant adverse effects' will be permitted, subject to conditions. Activities that fail the permitted activity conditions:

  • will be a 'controlled activity' if the adverse effects resulting from the activity can be adequately controlled by conditions; or
  • will be a 'restricted discretionary activity' if the council has to have the discretion to decline the consent, in order to control the effects resulting from the activity.

The matters that councils can consider and set conditions on, are limited to the likely effects of the activity. Generally, councils  will focus on the effects that caused the activity to fail the permitted activity conditions.

Any transmission activity that is included within the scope of the NES, but not specifically provided for, is a discretionary activity.

Activities that breach the electric and magnetic fields conditions will be 'non-complying' activities.

Baseline for transmission structures and circuits under NES 

The NES sets a baseline against which increases in height or size of a transmission line suport structure, or line relocation are measured – regulation 3(2).

The baseline date for assessing activities is the commencement date of the NES: 14 January 2010.

The base height, base width, base position (for poles), base footprint (for towers), and envelope (for permitted and controlled activities) are those of the transmission line support structure at the baseline date.

Regulation 3(2) clarifies that when interpreting the regulations, the baseline of the structure at the commencement of the regulations is retained – even when the structure is altered, relocated or replaced.

For example, a transmission line support structure is replaced and meets the conditions for a permitted activity - regulation 14(3) to (8) of the NES. When a further change is considered for that tower (eg, altering the height of the replacement tower) the baseline (base height) will be that of the original tower that existed at the commencement of the regulations.

The NES also sets a baseline for the addition of overhead circuits. Regulation 8(2) provides that a circuit may only be added where the transmission support structure was, "designed and built, at the commencement of the regulations, to carry the additional circuit".

Definition of transmission assets

The definitions in the NES for conductor, earthwire, telecommunications cable, telecommunications device, pole and tower include hardware and other associated aspects of the asset concerned.

Maintenance / upgrading continuum

The NES applies to activities that relate to the operation, maintenance and upgrading of an existing transmission line.

'Operation' is defined in the NES as "the use of a transmission line to convey electricity".

The definition of 'upgrading' is "increasing the carrying capacity, efficiency, security or safety of the transmission line".

Maintenance is not defined in the NES and therefore its ordinary meaning should be used (eg, Concise Oxford English Dictionary, 11th Edition):

"the process of maintaining or the state of being maintained; to maintain - keep in good condition by checking or repairing regularly." 

Maintenance in this context would mean activities to keep the transmission lines in good working order.

In practice, the transmission activities covered by the NES lie along a continuum of maintenance and upgrading.  There is no definitive line between these concepts.

The NES does not distinguish between maintenance and upgrading. It is based on the likely effects of a range of transmission activities on the maintenance-upgrading continuum.

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Last updated: 18 January 2010