New Qld solar rules definitely invalid
Court of Appeal confirms requirement for electricians to mount PV modules is contrary to the Electrical Safety Act
On 13 May 2019 new Regulations commenced which prohibited anyone other than licensed electricians from mounting, fixing or removing solar PV modules.
The Government claimed the new rule was to protect worker safety. This never passed the ‘pub test’ because:
- the mounting work doesn’t include making or terminating electrical connections – it is the equivalent of hanging a TV on the wall without plugging it in
- the new rules only applied to generation facilities of 100kW or more – apparently PV modules used in small rooftop installations have a totally different political … er, I mean electrical risk profile.
Faced with a $2.6m increase in construction costs, Brigalow Solar Farm successfully appealed the validity of the new Regulations. The Supreme Court found they were inconsistent with the Electrical Safety Act (ESA) under which they were made. Yesterday the Court of Appeal upheld that decision, dismissing the Qld Govt’s appeal.
Both courts held the new rules contradicted the electrical licensing provisions set out in the ESA for two reasons.
- The Act expressly states an electrical licence is not required for mounting/fixing tasks which do not involve electrical connection work.
- Solar PV modules are classified under the ESA as “extra low voltage”, which means they are not electrical equipment subject to the licensing regime.
It’s extremely unlikely that any attempt to appeal the decision to the High Court would be successful, but perhaps the Qld Govt will try anyway to give itself further political cover. Their other options are amending the ESA to include their new rules, or letting the whole thing die quietly.
Let’s hope sanity prevails and, if there are any further rule changes, they only address genuine safety issues.
An important lesson from this episode is the significance of change in law provisions in solar farm construction contracts. These additional time and cost entitlements need to be carefully negotiated and administered.
Change in law entitlements can cover not only legislative changes (such as this attempt by the Qld Govt) but also the ‘goalpost shifting’ by NSP’s and government agencies which has complicated grid connection and commissioning processes.
Getting this risk allocation right is still crucial in what remains an uncertain regulatory environment.
If you need any assistance with change in law issues, please don’t hesitate to get in touch.
