PUBLIC LIGHTING SERVICES AGREEMENT · DME 28085 PUBLIC LIGHTING SERVICES AGREEMENT BETWEEN ETSA...

DME 28085

PUBLIC LIGHTING SERVICES AGREEMENT

BETWEEN

ETSA UTILITIES ABN 13 332 330 749

("ETSA")

AND

---------------------- COUNCIL ("Council")

September 2003 Version 2.1

This Model Agreement has been developed by the Local Government Association (LGA), the LGA Public Lighting Steering Committee and ETSA Utilities using funds from the Local Government Research and Development Scheme

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TABLE OF CONTENTS

1. INTERPRETATION---------------------------------------------------------------------------------------2

2. ETSA OBLIGATIONS------------------------------------------------------------------------------------4

3. COUNCIL OBLIGATIONS ------------------------------------------------------------------------------4

4. TERM OF AGREEMENT --------------------------------------------------------------------------------4

5. REVIEW OF AGREEMENT -----------------------------------------------------------------------------4

6. VARIATION OF AGREEMENT ------------------------------------------------------------------------5

6.1 Variation of Obligations-----------------------------------------------------------------------------5

6.2 Addition of Supplementary Services------------------------------------------------------------5

6.3 Adjustment to Fees and Charges----------------------------------------------------------------5

6.4 Changing from CLER to Energy Only-----------------------------------------------------------5

7. TERMINATION---------------------------------------------------------------------------------------------5

8. BILLING-----------------------------------------------------------------------------------------------------5

8.1 Billing Cycle --------------------------------------------------------------------------------------------5

8.2 Billing Information ------------------------------------------------------------------------------------6

8.3 Billing Payment ----------------------------------------------------------------------------------------6

9. ASSETS AND SERVICE OVERVIEW----------------------------------------------------------------6

9.1 Asset Management -----------------------------------------------------------------------------------6

9.2 Provision of Information ----------------------------------------------------------------------------6

10. ENVIRONMENT, ENERGY AND PERFORMANCE -------------------------------------------7

10.1 Carbon or other Greenhouse Gas related Emission Credits -------------------------7

10.2 Energy and Performance Review-------------------------------------------------------------7

11. ALTERATIONS TO ETSA OWNED ASSETS---------------------------------------------------7

11.1 Approval ----------------------------------------------------------------------------------------------7

11.2 Design Obligations --------------------------------------------------------------------------------7

11.3 Design and Technical Standards and Specifications-----------------------------------7

11.4 Standard Fittings-----------------------------------------------------------------------------------7

11.5 Detailed Design Documentation---------------------------------------------------------------8

11.6 Construction of an Approved Design--------------------------------------------------------9

11.7 Replacement of Obsolete Public Lighting Assets ------------------------------------- 10

11.8 Vesting of Assets -------------------------------------------------------------------------------- 10

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12. ALTERATION TO COUNCIL OWNED ASSETS--------------------------------------------- 10

12.1 Overview-------------------------------------------------------------------------------------------- 10

12.2 Supply Point --------------------------------------------------------------------------------------- 10

12.3 Council Obligation------------------------------------------------------------------------------- 11

12.4 Design and Specifications -------------------------------------------------------------------- 11

12.5 Council Luminaires------------------------------------------------------------------------------ 11

12.6 Detailed Design Documentation------------------------------------------------------------- 11

12.7 Construction of an Approved Design------------------------------------------------------ 12

12.8 Vesting of Assets -------------------------------------------------------------------------------- 12

13. INDEMNITIES----------------------------------------------------------------------------------------- 12

13.1 ETSA’s Indemnity to Council ----------------------------------------------------------------- 12

13.2 Council’s Indemnity to ETSA----------------------------------------------------------------- 13

14. INSURANCES----------------------------------------------------------------------------------------- 13

15. OCCUPATIONAL HEALTH & SAFETY-------------------------------------------------------- 13

16. CONFIDENTIAL INFORMATION----------------------------------------------------------------- 13

17. INTELLECTUAL PROPERTY RIGHTS--------------------------------------------------------- 14

18. DISPUTE RESOLUTION--------------------------------------------------------------------------- 14

19. FORCE MAJEURE----------------------------------------------------------------------------------- 15

20. GST------------------------------------------------------------------------------------------------------ 16

20.1 Gross Up for GST -------------------------------------------------------------------------------- 16

20.2 Time of GST Payment--------------------------------------------------------------------------- 16

20.3 Reimbursement for Costs and Expenses------------------------------------------------- 16

21. NOTICES----------------------------------------------------------------------------------------------- 16

22. MISCELLANEOUS----------------------------------------------------------------------------------- 17

22.1 Further Action------------------------------------------------------------------------------------- 17

22.2 Assignment ---------------------------------------------------------------------------------------- 17

22.3 No Waiver------------------------------------------------------------------------------------------- 17

22.4 No Merger ------------------------------------------------------------------------------------------ 17

22.5 Counterparts--------------------------------------------------------------------------------------- 17

22.6 Costs and Expenses---------------------------------------------------------------------------- 17

22.7 Entire Agreement--------------------------------------------------------------------------------- 17

22.8 Severance ------------------------------------------------------------------------------------------ 17

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22.9 Governing Law and Jurisdiction ------------------------------------------------------------ 18

23. DEFINITIONS ----------------------------------------------------------------------------------------- 18

SCHEDULE 1 ----------------------------------------------------------------------------------------------------1

SCHEDULE 2 ----------------------------------------------------------------------------------------------------1

SCHEDULE 3 ----------------------------------------------------------------------------------------------------1

SCHEDULE 4 ----------------------------------------------------------------------------------------------------1

SCHEDULE 5 ----------------------------------------------------------------------------------------------------1

SCHEDULE 6 ----------------------------------------------------------------------------------------------------1

SCHEDULE 7 ----------------------------------------------------------------------------------------------------1


THIS AGREEMENT is made on 20 BETWEEN ETSA UTILITIES ABN 13 332 330 749, of 1 Anzac Highway, Keswick South

Australia 5035, a partnership of CKI UTILITIES DEVELOPMENT LIMITED ABN 65 090 718 880, HEI UTILITIES DEVELOPMENT LIMITED ABN 82 090 718 951, CKI UTILITIES HOLDINGS LIMITED ABN 54 091 142 380, HEI UTILITIES HOLDINGS LIMITED ABN 50 091 142 362 and CKI/HEI UTILITIES DISTRIBUTION LIMITED ABN 19 091 143 038 ("ETSA"); and

AND [TO BE COMPLETED]

("Council")

RECITALS

A. The Council is a duly constituted body corporate under the Local Government Act 1999 and has statutory functions to provide services and facilities that benefit its area including the provision of electricity and the installation of road lighting.

B. ETSA is, by licence issued under section 23 of the Act, authorised to operate the Distribution Network and has agreed to provide the Council with Public Lighting Services in a manner that is consistent with its obligations under the Electricity Distribution Code and the EPO.

C. Accordingly, ETSA and the Council wish to enter into a written agreement to:

(a) set out the terms and conditions for the provision of Public Lighting Services by ETSA to the Council;

(b) establish minimum and supplementary standards (where agreed); and

(c) specify the performance criteria required of ETSA as the service provider and the obligations of the Council as the customer for those services.

D. Public Lighting Services to be provided by ETSA are not uniform throughout the area of the Council and different requirements are placed on ETSA depending on the nature of the Public Lighting Asset concerned, namely:

(a) (i) ETSA may own Public Lighting Assets, including overhead lighting assets located in publicly accessible roads, footpaths and park lands where existing overhead mains are present in the park lands. In these situations ETSA provides the Council with Public Lighting Services by installing bracket arms, street lights and associated equipment on existing stobie poles to illuminate such roads, footpaths and park lands.

(ii) ETSA also owns a standard range of Public Lighting equipment including lighting poles and street lights to provide Public Lighting. The range of lighting poles includes the "gooseneck" outreach and post top style that are either galvanised, painted or powder-coated and fed by means of underground electricity supply.

(iii) The standard range of Public Lighting equipment is detailed in ETSA's Technical Standard TS101 – Lighting Design Standard for Overhead & Underground Networks.

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(b) (i) The Council may also own Public Lighting Assets that it has designed and installed in accordance with relevant Australian Standards. The Council is responsible for the management of its Public Lighting Assets. The Public Lighting Assets owned by the Council are known as CLER type or Energy-Only type.

(ii) In the case of CLER type installations ETSA is only required to carry out lamp replacements and the cleaning of Council owned Luminaires and the provision of any other services specified in the Schedules to this Agreement.

(iii) Luminaires installed by Council that comply with relevant sections of ETSA's Technical Standard TS101 – Lighting Design Standard for Overhead & Underground Networks and the relevant Australian Standards at the time they are installed are approved by ETSA for connection to the electricity supply point.

(iv) Council can decide to install its own Public Lighting Assets and arrange for these to be on a CLER Tariff, where the Luminaire is approved by ETSA; an Energy-Only Tariff or metered supply. Unless otherwise agreed with ETSA, the Council is responsible for all maintenance, repair or replacement requirements for Public Lighting Assets connected on an Energy-Only Tariff or metered supply basis.

(v) All Public Lighting Assets owned by the Council must be clearly identified as such in a manner agreed between ETSA and the Council and disclosed to ETSA in a Council maintained asset register of Council owned Public Lighting Assets.

E. This Agreement does not apply to:

(a) any undergrounding of elements of the Distribution Network referred to in Recital B undertaken in accordance with a program administered by the Power Line Environment Committee; or

(b) any lamps, lighting poles or other public lighting infrastructure under the care, control or management of the Commissioner of Highways.

NOW IT IS AGREED as follows:

1. INTERPRETATION

In this Agreement, unless something else is clearly intended:

1.1 A reference to this Agreement is a reference to this Agreement as amended, varied, novated, supplemented or replaced from time to time;

1.2 Words or expressions:

1.2.1 importing the singular include the plural and vice versa;

1.2.2 importing a gender include the other genders;

1.2.3 denoting individuals include corporations, firms, unincorporated bodies, authorities and instrumentalities;

1.2.4 given meaning in the Recitals have the same meaning in the body of this Agreement.

1.3 A reference to a party to this Agreement or any other instrument includes that party's executors, administrators, successors and permitted assigns;


1.4 Other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;

1.5 A reference to a clause number, schedule number or annexure number (or letter) is a reference to a clause, Schedule or Annexure of this Agreement;

1.6 A reference to $ or dollars is a reference to Australian dollars;

1.7 Any heading, index, table of contents or marginal note is for convenience only and does not affect the interpretation of this Agreement;

1.8 A provision of this Agreement must not be construed to the disadvantage of a party because that party was responsible for the preparation of the Agreement;

1.9 The Schedules, Recitals and Annexures to this Agreement form part of this Agreement and have effect as if set out in full in this Agreement;

1.10 Where an act would be required to be done, or a time limit or period would expire, on a day which is not a Business Day, the act may be done, or the limit or period will expire, on the following Business Day;

1.11 A reference to:

1.11.1 a day is a reference to a period commencing immediately after midnight and ending the following midnight; and

1.11.2 a month is a reference to a calendar month;

1.12 A reference to any thing (including but not limited to any right) includes a part of that thing;

1.13 A right includes a remedy, privilege, authority or power;

1.14 A reference to two or more persons means those persons jointly and severally;

1.15 A reference to a body, other than a party to this Agreement (including, without limitation, an institute, association or authority), whether statutory or not, which ceases to exist or whose powers or functions are transferred to another body, is a reference to the body which replaces it or which substantially succeeds to its powers or functions.

1.16 A reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws amending, consolidating or replacing it and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;

1.17 A reference to an accounting term, accounts or an amount to be calculated by reference to an accounting term shall be deemed to be a reference to the same construed prepared or calculated (as the case may be) in accordance with the approved accounting standards under the Corporations Act 2001 and where not inconsistent with those accounting standards generally accepted accounting principles and practices in Australia consistently applied as between separate bodies corporate and over time;

1.18 Where a consent or approval is required under this Agreement, the requirement will, unless something else is clearly intended, mean the prior written consent or approval;


1.19 Wherever used in this Agreement the expressions "including" and "such as" and similar expressions shall not imply any limitation.

2. ETSA OBLIGATIONS

2.1 ETSA shall provide the Public Lighting Services in accordance with the terms and conditions of this Agreement, the Public Lighting Standards, the Electricity Distribution Code, the minimum service standards and supplementary service standards (if any) outlined in Schedules 5, 6 and 7.

2.2 If the first person to report a faulty street light within the area of the Council quotes the Council’s name, or if such person does not quote that person's own account number, ETSA will (for so long as it is a condition of the Connection and Supply Contract forming part of the Electricity Distribution Code to do so) credit to the next account payable by the Council under this Agreement $20.00 (including GST) if:

2.2.1 the light is not repaired within the period provided for in the Connection and Supply Contract forming part of the Electricity Distribution Code;

2.2.2 the relevant faulty street light is one for which ETSA recovers SLUOS from the Council under this Agreement; and

2.2.3 there is no other person to whom ETSA is obliged to make the same payment in respect of the same faulty street light under the terms of any other Connection and Supply Contract.

3. COUNCIL OBLIGATIONS

In consideration for ETSA providing the Public Lighting Services in accordance with the terms and conditions of this Agreement the Council shall:

3.1 pay ETSA the charges described in the Schedules as amended from time to time in accordance with the terms of this Agreement; and

3.2 otherwise satisfy its obligations under this Agreement.

4. TERM OF AGREEMENT

This Agreement shall operate from the Commencement Date until it is terminated by either party under the terms of this Agreement.

5. REVIEW OF AGREEMENT

5.1 The parties will review this Agreement on the second anniversary of the date of this Agreement and then every 5 years thereafter (“Prescribed Review”).

5.2 At each Prescribed Review, the parties will consider whether:

5.2.1 this Agreement will continue or be terminated; and

5.2.2 any variations will be made to this Agreement and if so, the precise variations to be made.

5.3 If the parties fail to engage in a Prescribed Review, this Agreement will continue on its existing terms and conditions.


5.4 Notwithstanding this clause, the parties may engage in additional reviews at any time while this Agreement is still in force.

6. VARIATION OF AGREEMENT

6.1 Variation of Obligations

ETSA or the Council may request the agreement of the other party to expressly vary their respective obligations under this Agreement. The Council and ETSA will negotiate in good faith in relation to such requests including any consequential amendments dealing with fees and liabilities.

6.2 Addition of Supplementary Services

Where supplementary services are requested by the Council these services will be negotiated with ETSA and if agreement is reached on the provision of such supplementary services they and the associated charges will form part of this Agreement and be deemed to be included in the appropriate Schedules to this Agreement.

6.3 Adjustment to Fees and Charges

6.3.1 ETSA may review and determine, on an annual basis, its specified fees and charges for the Public Lighting Services included in this Agreement during the term of this Agreement.

6.3.2 Any new fees and charges will only become operative either:

(a) with the approval of the Council; or

(b) in the event of a dispute, the fee will be as determined by ESCOSA under clause 3.1(b) of the EPO.

6.4 Changing from CLER to Energy Only

The Council may, in respect of its own Public Lighting Assets give written notice to ETSA that it wishes to change a Luminaire from CLER tariff to Energy Only tariff. Such change of tariff shall become effective from the first day of the next billing period falling 14 days after the date of such notice. Such notice shall also include the details of the Luminaire and its location for record purposes. The Council shall also ensure that the asset register referred to in Recital D(b)(v) is updated accordingly.

7. TERMINATION

This Agreement may be terminated at any time during the term by either party giving not less than 6 months written notice of termination to the other party whereupon this Agreement shall be of no further force or effect but without prejudice to the rights of either party in respect of any antecedent breach.

8. BILLING

8.1 Billing Cycle

ETSA will invoice SLUOS charges to each Council directly on a monthly basis in arrears for the relevant Public Lighting Services.


8.2 Billing Information

ETSA must identify separately the charge for each type of Public Lighting Service provided and each account must contain at least the following information:

8.2.1 details of the number and type of lights operated and maintained; and

8.2.2 the SLUOS per each Luminaire.

8.3 Billing Payment

Unless otherwise agreed, the Council will be required to pay the SLUOS charges within 30 days of receipt of an invoice from ETSA.

9. ASSETS AND SERVICE OVERVIEW

9.1 Asset Management

ETSA will during the term of this Agreement apply the same asset management techniques and standards to Public Lighting Assets owned by ETSA as it is required to apply to the Distribution Network or as described in Schedules 5, 6 and 7 (if any), whichever is the higher standard. If the Council wishes to negotiate a different or higher standard of asset management or the Council wishes ETSA to supply asset management services to Public Lighting Assets owned by the Council then such an arrangement shall be dealt with under clause 6.2.

9.2 Provision of Information

9.2.1 ETSA will provide the Council with one initial electronic copy of Public Lighting Data held by ETSA for both ETSA owned and Council owned Public Lighting Assets using ‘csv’ format. If requested by the Council, ETSA will provide 1 hard copy of the Public Lighting Data in ‘csv’ format to the Council instead of an initial electronic copy. ETSA will provide an updated copy on the basis outlined in Schedules 5 and 6 . If the Council requires additional copies on a more frequent basis then ETSA may charge a reasonable fee for this service.

9.2.2 The Public Lighting Data provided by ETSA will be (unless specified to the contrary in Schedules 5 and 6):-

(a) spatial location with GIS accuracy required [+/- 5] metres;

(b) details of ownership of the Public Lighting Asset ( including shared cost lighting);

(c) for Public Lighting Assets installed after the commencement of this Agreement, the date the Public Lighting Asset was installed;

(d) the type of lamp and Rated Power of the lamp;

(e) details of long pipe brackets/arms.

9.2.3 The format of the Public Lighting Data is to be agreed between the parties prior to the commencement of the Agreement.


10. ENVIRONMENT, ENERGY AND PERFORMANCE

10.1 Carbon or other Greenhouse Gas related Emission Credits

The parties acknowledge that there is a strong likelihood that trading systems in respect of credits associated with greenhouse gas mitigation efforts will be developed. Any such credits that become attributable to improvements in Public Lighting Assets or Services during the term of this Agreement will vest in the party that has borne the cost of such improvements or pro rata if more than one party.

10.2 Energy and Performance Review

ETSA will subject to agreeing a fee for the service payable by the Council carry out an annual review of energy use, lighting efficiencies, advancements in lighting equipment and changes to Public Lighting Standards in order to enable the Council to assess and make informed decisions on potential changes to the Public Lighting Assets that may provide financial savings to the Council.

11. ALTERATIONS TO ETSA OWNED ASSETS

11.1 Approval

Except in an emergency situation and where there is no agreement in place for the replacement of failed Luminaires, alterations to Luminaires illumination in Public Lighting Assets must be initiated via a request for new or altered Public Lighting provided by the Council to ETSA.

11.2 Design Obligations

The Council will provide ETSA with a design brief that details the area proposed to be illuminated, the required lighting category in accordance with the Public Lighting Standards for that area and any other specific requirements of the Council (“Design Brief”). ETSA shall provide an illumination for the lighting category specified in the Design Brief that complies with the applicable Australian Standard as it exists at the time of the design of the Public Lighting Assets. If ETSA designs and constructs Public Lighting Assets to meet the then applicable Australian Standards ETSA in respect of the selection of the lighting category for the relevant area or any other specific requirement of the Design Brief.:

11.2.1 shall not be liable to the Council; and

11.2.2 shall be indemnified by the Council in relation to a claim made by a third party against ETSA.

11.3 Design and Technical Standards and Specifications

ETSA will make available its Public Lighting design, Technical Standards and specifications on its web site.

11.4 Standard Fittings

11.4.1 ETSA must maintain a list of standard Public Lighting equipment and relevant drawings ("Standard Fittings") which will be made available to the Council on written request.


11.4.2 ETSA will assess compliance of a new Luminaire that is not included on the list of Standard Fittings. If the proposed new Luminaire complies with ETSA’s Technical Standards then ETSA will offer to include the proposed Luminaire on its list of standard ETSA Public Lighting equipment.

11.4.3 New Luminaires may be added to the Inventory/Load tables maintained by ETSA subject to the approval of ESCOSA and notification to NEMMCO pursuant to the Code.

11.5 Detailed Design Documentation

11.5.1 The Council can choose either for ETSA or an ETSA accredited contractor to provide the Public Lighting design services.

11.5.2 If ETSA is requested to provide Public Lighting design services a quotation for those services is to be provided by ETSA within 10 Business Days from the Council request.

11.5.3 If ETSA is chosen to carry out design work and all the necessary information is provided by the Council then the requested design will be completed within 20 Business Days of a written request from the Council. If the Council has undertaken a public safety risk assessment that substantiates the urgency of particular design work then ETSA will act in good faith to reduce the design period.

11.5.4 (a) If the Council chooses an accredited contractor to provide the Public Lighting design services, before construction commences the Council will submit the design documentation to ETSA. ETSA will construct the proposed Public Lighting if it complies with ETSA’s Public Lighting design, Technical Standards and specifications.

(b) If the design contains minor discrepancies ETSA will during construction adapt (if practicable) the design so that it can be constructed.

(c) In that event ETSA will notify the Council of the necessary adaptation of the construction configuration and the Council agrees to instruct the accredited contractor to take account of the necessary adaptation in any later design work.

(d) If the design cannot be constructed then ETSA will notify the Council accordingly and the Council must instruct the accredited contractor to prepare a complying design.

(e) ETSA will not recover from the Council costs it incurs in considering and if necessary adapting the design under clause 11.5.4(b).

(f) If ETSA constructs the relevant Public Lighting Assets in accordance with the design provided by the Council and subject to clauses 11.5.4(a), (b), (c) and (d), ETSA in respect of that design:

(i) shall not be liable to the Council; and


(ii) shall be indemnified by the Council in relation to a claim made by a third party against ETSA.

11.6 Construction of an Approved Design

11.6.1 ETSA will provide a reply to the Council within 30 Business Days of receipt of the design documentation that outlines an offer to install the new Public Lighting Assets with details of the applicable SLUOS charges, construction costs and a program for the works.

11.6.2 The Council may accept or reject ETSA’s offer within 20 Business Days.

11.6.3 (a) If the Council accepts ETSA’s offer ETSA shall carry out the construction work in accordance with a program to be agreed with the Council.

(b) The parties agree that the construction work for an approved design for the alteration to the Public Lighting Assets not exceeding 6 Luminaires shall be completed by ETSA within a period of 40 Business Days from the acceptance by the Council of ETSA’s offer in accordance with clause 11.6.2. If the approved design exceeds 6 but is less than 12 Luminaires then the period for construction work of that approved design is extended to 80 Business Days. Projects larger than 12 Luminaires will be constructed in a time frame agreed between the Council and ETSA. All time frames are subject to the Council having completed all necessary civil work prior to ETSA being due to commence construction.

(c) In situations where the Council has carried out a public safety risk assessment and determines that construction work is required to be commenced as a matter of urgency in advance of a program agreed with ETSA under clause 11.6.3(a) or (b) then the parties agree to negotiate in good faith to program that construction work having regard to such risk assessment.

(d) If an agreed program for construction work is likely to be delayed ETSA shall if possible notify the Council in writing at least 15 Business Days before such construction work is due to commence and otherwise as soon as is practicable of the reasons for the anticipated delay and, either at that time or if not possible as soon as is practicable thereafter submit a proposal for a revised program. ETSA will provide such additional information concerning the delay as the Council may reasonably require.

(e) In the circumstances outlined in clause 11.6.3(d) the parties shall use their best endeavours to agree on a revised program for the construction work.

(f) If the parties are unable to agree on a revised program for the construction work, then either party may give notice of a dispute which shall be dealt with in accordance with clause 18 of this Agreement.


(g) The provisions of sub-clauses 11.6.3(b), (c), (d), (e) and (f) are without prejudice to the Council’s rights under clause 11.6.4 of this Agreement and ETSA’s and the Council’s rights under clause 19 of this Agreement.

11.6.4 If:

(a) ETSA fails to carry out the construction work as provided in clause 11.6.3 (unless in circumstances to which clause 19 applies); and

(b) the construction work is not in an overhead distribution area or the Public Lighting Asset is not to be attached to an asset of ETSA,

the Council has the right to engage an ETSA accredited contractor to carry out the construction work on giving written notice to ETSA.

11.6.5 In the circumstances outlined in clause 11.6.4 the Council will not be liable for any ETSA charges if the construction work has not commenced, but the Council will pay a reasonable fee for any construction work performed by ETSA that has advanced the progress of the construction work.

11.6.6 When the construction work has been completed ETSA will advise the Council within 3 Business Days of the completion date.

11.7 Replacement of Obsolete Public Lighting Assets

ETSA will after consultation with the Council replace ETSA Public Lighting Assets that it considers obsolete and no longer conform with the Public Lighting Standards at no cost to the Council if the replacement is an ETSA Standard Fitting. If ETSA proposes a Non-Standard Fitting ETSA is required to obtain Council approval prior to the replacement. If the Council requests an alternative option for the asset replacement that is a Non-Standard Fitting then ETSA will provide a quotation for the alternative for Council consideration.

11.8 Vesting of Assets

All alterations to ETSA owned Public Lighting Assets vest automatically in ETSA.

12. ALTERATION TO COUNCIL OWNED ASSETS

12.1 Overview

Alterations to CLER Public Lighting Assets can be initiated by the Council at its discretion.

In the case of CLER Public Lighting Assets that are not attached to ETSA owned assets, design and construction work can be carried out by the Council but the selection of Luminaire must be agreed with ETSA and the CLER Tariffs applicable must be agreed with ETSA before connection of the Public Lighting Asset to the Distribution Network.

12.2 Supply Point

ETSA will assess a request for a new Public Lighting Supply Point on the basis of its technical suitability for inclusion in its Distribution Network. ETSA will use its best endeavours to enable Public Lighting Assets owned by the Council to be


connected to ETSA’s Distribution Network as requested by the Council. Such connection and the associated connection charge is to be provided within 10 Business Days of a written request providing all pre-conditions for connection which are the responsibility of the Council have been satisfied at the time of such request.

12.3 Council Obligation

The Council will advise ETSA of the details of the proposed lighting category in accordance with the Public Lighting Standards for the area to be illuminated.

12.4 Design and Specifications

The Council will provide ETSA with details of the design and specifications of the proposed new or altered Public Lighting Asset, including poles, lamps and light fittings.

12.5 Council Luminaires

12.5.1 The Council may utilise ETSA standard Luminaires for its proposed new CLER lighting to be purchased separately. Subject to availability Luminaires may be purchased from ETSA at a price to be agreed between the parties.

12.5.2 ETSA will not unreasonably refuse a request from the Council to install a new Luminaire or a CLER Public Lighting Asset that is not listed as an ETSA Standard Fitting subject to the Luminaire:

(a) complying with ETSA’s Technical Standards that relate to the design of Luminaires;

(b) being of a form that qualifies for inclusion on the list of Non-Standard Fittings and has been so included; and

(c) being of a form approved by ESCOSA for inclusion into the Inventory and Load Tables for Unmetered Supply.

12.5.3 ETSA is prepared to assess compliance of the new Luminaire within 10 Business Days of a Council written request if the Council agrees to pay ETSA a fair and reasonable fee for this work. If the proposed new Luminaire complies with ETSA’s Technical Standards then ETSA will advise the Council of the relevant SLUOS CLER Tariff that applies.

12.6 Detailed Design Documentation

12.6.1 The Council can select ETSA or a private contractor to provide the Public Lighting design services for Council owned Public Lighting Assets.

12.6.2 If ETSA is requested to provide a fee for preparing a lighting design a quotation is to be provided within 10 Business Days of the Council’s request.

12.6.3 If ETSA is chosen to carry out the design work then the requested design will be completed within 20 Business Days.


12.7 Construction of an Approved Design

12.7.1 Except in overhead distribution areas or where attachment is to occur to an asset owned by ETSA, the Council can engage ETSA or a private contractor to carry out the necessary construction work of the agreed lighting design for Council owned Public Lighting Assets.

12.7.2 The Council will provide ETSA with a plan detailing the number, type, wattage and location of redundant, modified or new Luminaires proposed to be connected to the ETSA Distribution Network.

12.7.3 If ETSA is engaged to carry out the construction work ETSA shall carry out the construction work in accordance with a program to be agreed with the Council.

12.7.4 If ETSA fails to carry out the construction work as provided in clause 12.7.3 (unless in the circumstances to which clause 19 applies) the Council has the right to engage an ETSA certified contractor to carry out the construction work on giving written notice to ETSA.

12.7.5 In the circumstances outlined in clause 12.7.4 the Council will not be liable for any ETSA charges if the construction work has not commenced, but the Council will pay a reasonable fee for any construction work performed by ETSA.

12.7.6 When the construction work has been completed the Council will advise ETSA within 3 Business Days of the completion date.

12.8 Vesting of Assets

All alterations to Council owned Public Lighting Assets vest automatically in the Council.

13. INDEMNITIES

13.1 ETSA’s Indemnity to Council

ETSA must indemnify and keep the Council indemnified from and against any claim, action, suit, damage, cost, loss, expense or liability of any kind including all legal costs however sustained, suffered or incurred by the Council in respect of:

13.1.1 any loss of life, personal injury or disability or loss of or damage to property caused or contributed by, or arising as a result of, any breach of this Agreement or any law by ETSA; or

13.1.2 any liability of the Council to a third party where:

(a) such liability arises from something done by the Council to discharge its obligations under this Agreement and which is not a breach of this Agreement or any law by the Council; and

(b) ETSA is liable to that third party in relation to the same matter.


13.2 Council’s Indemnity to ETSA

The Council must indemnify and keep ETSA indemnified from and against any claim, action, suit, damage, cost, loss, expense or liability of any kind including all legal costs however sustained, suffered or incurred by ETSA in respect of:

13.2.1 any loss of life, personal injury or disability or loss of or damage to property caused or contributed by or arising as a result of, any breach of this Agreement or any law by the Council; or

13.2.2 any liability of ETSA to a third party where:

(a) such liability arises from something done by ETSA to discharge its obligations under this Agreement and which is not a breach of this Agreement or any law by ETSA ; and

(b) the Council is liable to that third party in relation to the same matter.

14. INSURANCES

During the term of this Agreement ETSA will take out and maintain:

14.1 registration as an employer under the Workers Rehabilitation & Compensation Act in respect of its employees engaged in the provision of Public Lighting Services; and

14.2 insurances including public liability, professional indemnity and such other insurances as a prudent electricity distributor would consider appropriate pursuant to this Agreement.

If requested by the Council, ETSA must provide evidence of the currency of such insurance to the Council.

15. OCCUPATIONAL HEALTH & SAFETY

ETSA shall conduct its operations and provide the Public Lighting Services in compliance with the requirements of the Occupational Health, Safety and Welfare Act 1986 and Regulations made thereunder.

16. CONFIDENTIAL INFORMATION

16.1 Each party:

16.1.1 may use Confidential Information of the other party solely for the purposes of this Agreement;

16.1.2 except as permitted under clause 16.1.3, must keep confidential all Confidential Information of the other party; and

16.1.3 may disclose Confidential Information of the other party only:

(a) to employees and individual contractors who:

(i) are aware and agree that the Confidential Information of the other party must be kept confidential; and


(ii) either have a need to know (and only to the extent that each has a need to know), or have been specifically approved by the other party; or

(b) as required by law or stock exchange regulation.

16.2 Even though information is the Confidential Information of a party, the other party is not obliged to comply with clause 16.1 in relation to that Confidential Information if:

16.2.1 the Confidential Information was already in the other party's possession or control and was not acquired directly or indirectly from the first party;

16.2.2 the Confidential Information becomes public knowledge during this Agreement; or

16.2.3 the other party became aware of that Confidential Information from a third person,

16.2.4 in the circumstances where there was no breach of any obligation of confidence.

16.3 Each party (first party) must notify the other party immediately once it becomes aware of any breach of confidentiality and the first party must take all reasonable steps necessary to prevent further unauthorised use or disclosure.

17. INTELLECTUAL PROPERTY RIGHTS

Any Intellectual Property Rights created or contributed by a party in performing this Agreement remain the property of that party.

18. DISPUTE RESOLUTION

18.1 Either party (“Disputing Party”) must within seven (7) days after a Dispute arises give a notice to the other party (“Non-Disputing Party”):

18.1.1 setting out details of the Dispute, the reason why the Dispute should be resolved in favour of the Disputing Party and any other matter that may, in the reasonable opinion of the Disputing Party, be relevant to the resolution of the Dispute; and

18.1.2 requiring the Non-Disputing Party to, in good faith, resolve the Dispute within seven (7) days of the date of the notice.

18.2 During the seven (7) day period after notice is given, each party must use its best efforts to resolve the Dispute.

18.3 If the Dispute is not resolved in accordance with clause 18.2, each party will refer the Dispute to the following officer (or equivalent) in that party’s organisation, and these officers will confer with each other in good faith using their best efforts to resolve the Dispute:

18.3.1 at first instance – the Senior Departmental Officer;

18.3.2 if the Senior Departmental Officers are unable to resolve the dispute within seven (7) days – the Chief Executive Officer.


18.4 If the Dispute is not resolved by the Chief Executive Officers within seven (7) days of referral to them, the determination of the Dispute ("Determination") will be referred to any person (the "Expert") agreed by the Chief Executive Officers or in default of such agreement as nominated by the President (or if there is no President, then Chief Executive Officer or other person of like status) for the time being of the Institute of Arbitrators (or if that body has ceased to exist then a body fulfilling substantially the same functions as the first mentioned body).

18.5 The Expert is an expert and not an arbitrator.

18.6 The role of the Expert is to determine the questions submitted to the Expert. The Expert's decision is binding on all parties.

18.7 Any information or documents prepared for the purposes of the Determination and disclosed by a representative under this clause:

18.7.1 must be kept confidential; and

18.7.2 must not be used except to attempt to settle the Dispute.

18.8 Unless otherwise agreed by the parties in writing:

18.8.1 the place of the proceedings for purposes of the Determination will be Adelaide, South Australia;

18.8.2 each party is entitled to legal representation at all stages of the Determination;

18.8.3 the proceedings for purposes of the Determination will be conducted in accordance with laws of evidence;

18.8.4 each party will bear its own costs and expenses in relation to the Determination;

18.8.5 the parties will pay in equal shares the Expert's fees and expenses and the cost of the Determination including room hire (if any);

18.8.6 the Expert must provide its Determination to the parties in writing, with reasons for the Determination and within fourteen (14) days of the conclusion of the hearing of the Dispute; and

18.8.7 the provisions of the Commercial Arbitration Act 1986 do not apply to the resolution of any Dispute under the provisions of this clause 18.

19. FORCE MAJEURE

19.1 Except as otherwise provided in this clause, the failure by a party to observe or perform wholly or in part of any of its obligations (other than an obligation to pay money) under this Agreement is deemed not to be a breach of this Agreement, as the case may be, if the failure was caused by Force Majeure.

19.2 A party is not entitled to the benefit or protection of this clause to the extent that the failure to observe or perform the relevant obligation was caused by:

19.2.1 the failure of ETSA to properly take all reasonable steps which would be expected of an electricity distributor in accordance with the Good


Electricity Industry Practice to remedy the situation and to resume the observance and performance of such obligation; or

19.2.2 lack of funds of the party; or

19.2.3 if the party fails to communicate to the other party as soon as reasonably practicable after the happening of the event relied on as being in the nature of Force Majeure.

19.3 The party claiming the benefit or protection of this clause must advise the other party as soon as it is able to resume the observance and performance of its obligations, that it is so able.

20. GST

20.1 Gross Up for GST

20.1.1 The amounts payable by the Council to ETSA for, or in connection with any taxable supply under the GST Act made under this Agreement do not include any GST.

20.1.2 The Council must pay to ETSA an additional amount on account of GST equal to the amounts payable by the Council for that taxable supply multiplied by the prevailing GST rate.

20.2 Time of GST Payment

20.2.1 Subject to clause 20.2.2 the additional amount on account of GST is payable at the same time and in the same manner as the amounts payable by the Council are required to be paid to ETSA.

20.2.2 The Council will not be required to pay the additional amount on account of GST until such time as ETSA provides to the Council a tax invoice which is in an approved form for GST purposes.

20.3 Reimbursement for Costs and Expenses

To the extent that the amounts for the taxable supply consist of the reimbursement for any costs or expenses incurred by ETSA from third parties under this Agreement the amount of those costs and expenses are to be reduced by any refund or input tax credit of GST to which ETSA is entitled as a result of incurring the cost or expenses. The net amount may then be increased on account of GST under clause 20.1.2.

21. NOTICES

All notices, consents, demands and otherwise under the terms of this Agreement must be in writing and served personally or by pre-paid certified post or facsimile transmission at the address of the party indicated in Schedule 1 or at such other address as the party may have substituted by notice in writing. Any notice sent by pre-paid certified post shall be deemed to have been received by the addressee on the second day after posting or if served by facsimile transmission, upon the production of a transmission report indicating it was sent before 5.00pm central standard time.


22. MISCELLANEOUS

22.1 Further Action

Each party must do or cause to be done all acts and things necessary or desirable to give effect to this Agreement and refrain from doing all acts and things that could hinder performance by any party of this Agreement.

22.2 Assignment

No party may assign or otherwise deal with its rights or obligations under this Agreement, without the prior written consent of the other parties to this Agreement.

22.3 No Waiver

A party’s failure to insist another party perform any obligation under this Agreement is not a waiver of that party’s right:

22.3.1 to insist the other party perform, or claim damages for breach of, that obligation; or

22.3.2 to insist the other party perform any other obligation,

unless the waiving party acknowledges the waiver in writing.

22.4 No Merger

The rights and obligations of the parties will not merge on completion of any transaction under this Agreement and they will survive the execution and delivery of any assignment or other document entered into for the purpose of implementing any transaction.

22.5 Counterparts

This Agreement may be executed in any number of counterparts and all of those counterparts taken together constitute one and the same instrument. An executed counterpart may be delivered by facsimile.

22.6 Costs and Expenses

Each of the parties must bear its own costs and expenses in respect of the negotiation, preparation and execution of this Agreement and any other document executed pursuant to this Agreement.

22.7 Entire Agreement

This Agreement is the entire Agreement between the parties about its subject matter.

22.8 Severance

Part or all of any clause of this Agreement that is unenforceable or illegal will be severed from this Agreement and will not affect the enforceability of the remaining provisions of this Agreement.


22.9 Governing Law and Jurisdiction

22.9.1 This Agreement must be governed and construed in accordance with the laws applicable in South Australia.

22.9.2 The parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia.

23. DEFINITIONS

In this Agreement:

"Act" means the Electricity Act 1996.

"Agreement" means this document including all Appendices and Schedules.

"Australian Standard" or “AS” or “AS/NZ” means an Australian Standard as published by the Standards Association of Australia from time to time.

"Business Day" means a day on which banks are open for general banking business in Adelaide, excluding a Saturday or Sunday or public holiday.

"CLER" or Customer Lighting Equipment Rate means the tariff applicable to a Public Lighting Asset that :

(a) was installed and remains owned by the Council; and

(b) where:

(i) the Council is responsible for replacement of the Public Lighting Asset; and

(ii) ETSA is only responsible for lamp and photoelectric cell maintenance.

“Code” has the meaning given to it in the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996.

"Commencement Date " means the …

"Confidential Information" means all information disclosed by or on behalf of a party to this Agreement that:

(a) is by its nature confidential or by the circumstances in which it is disclosed is confidential; or

(b) is designated by the disclosing party as confidential or identified in terms connoting its confidentiality,

but does not include:

(a) information which is or becomes public knowledge other than through a breach of this Agreement; or

(b) information that a party can prove has been developed or derived by that party without any unauthorised reliance on the other party's confidential information; or

(c) information that a party can prove was received from a third party in circumstances which did not involve a breach of any obligation of confidence; or


(d) information required to be disclosed by law or by any Government Authority.

"Design Brief" has the meaning contained in clause 11.2.

"Dispute" means a failure to agree or approve a matter where, under an express term of this Agreement, the matter is to be determined under clause 18 but does not include any justiciable matter.

"Distribution Network" means the distribution network referred to in Recital B , excluding Public Lighting Assets.

"Electricity Distribution Code" means the code of that name made by the ESCOSA.

“Energy Only” means the tariff applicable to a Public Lighting Asset that:

(a) is installed, owned and maintained by the Council ; and

(b) where ETSA is only responsible to provide a service point for connection of that Public Lighting Asset to an unmetered electricity supply on the Distribution Network.

“EPO” means the Electricity Pricing Order made under Section 35B of the Electricity Act dated 11 October 1999.

"ESCOSA" means the Essential Services Commission of South Australia.

"ETSA Utilities or ETSA" includes any person(s) who is employed or engaged as a contractor or agent of ETSA.

"Force Majeure" means an event or circumstance, which prevents a party from complying with any of its obligations under this Agreement and which that party:

(a) did not cause;

(b) cannot control or influence; and

(c) cannot prevent or avoid through prudent management processes, policies and precautions, including the use of alternative resources;

"GIS" means Global Information System.

"Good Electricity Industry Practice" means Good Electricity Industry Practice as defined and required by the National Electricity Code;

"Government Authority" means any government or any governmental, semi-governmental or administrative entity, agency, authority, commission, corporation or body (including those constituted or formed under any statute) regardless of whether established by the Commonwealth or State.

"GST" has the same meaning it does in section 195-1 of the GST Act;

"GST Act" means A New Tax System (Goods and Services Tax) Act 1999 and any related or similar legislation;

"Intellectual Property Rights" means copyright, trademarks, patents, designs, circuit layout rights, the right to protect confidential information, know how and trade secrets and any application or right to apply for registration of any of those rights.


"lamp" means a globe.

"Luminaire" means apparatus which distributes, filters or transforms the light transmitted from one or more lamps and which includes, other than the lamps themselves, all the parts necessary for fixing and protecting the lamps and where necessary circuit auxiliaries together with the means for connecting them to the Distribution Network.

"National Electricity Law" means the Schedule of the National Electricity (South Australia) Act 1996.

"NEMMCO" means National Electricity Market Management Company.

"Non-Standard Fitting" means any other Luminaire/lamp that is not listed by ETSA as a standard Luminaire/lamp combination and which has been included on ETSA’s Inventory/Load Tables in accordance with all applicable legal and Code requirements.

"Public Lighting" means the lighting provided by the Public Lighting Assets.

"Public Lighting Assets" means all assets of ETSA and the Council which are used for the provision of Public Lighting, including lamps, Luminaires, mounting brackets and poles on which the fixtures are mounted, above ground and underground supply cables, cable pits and control equipment (for example, photoelectric cells and control circuitry) but not including ETSA protection equipment located before the service point (for example fuses and circuit breakers) or any part of the Distribution Network.

“Public Lighting Data” has the meaning provided for in clause 9.2.2.

"Public Lighting Services" means the following services provided by ETSA in the case of:

(a) assets owned by ETSA for which a SLUOS charge is paid by the Council:

(i) the operation of Public Lighting Assets, including handling enquiries and complaints about Public Lighting, and dispatching crews to repair Public Lighting Assets;

(ii) the maintenance, repair, alteration, relocation and replacement of Public Lighting Assets; and

(iii) the installation of new Public Lighting Assets;

(b) in the case of assets owned by the Council for which a CLER charge is paid by the Council:

(i) the operation of Public Lighting Assets, including handling enquiries and complaints about Public Lighting, and dispatching crews to replace faulty lamps; and

(ii) the replacement of lamps, cleaning of visors and replacing photoelectric cells; and

(c) in the case of assets owned by the Council for which an Energy Only charge is paid by the Council the provision of a service point for connection of that Public Lighting Asset to an unmetered electricity supply on the Distribution Network.


"Public Lighting Standards" means the current version from time to time of AS/NZ 1158 or such other Australian Standard relating to Public Lighting.

"Public Lighting Supply Point" means a point at which Public Lighting Assets are connected to the Distribution Network and are generally adjacent to the Luminaire.

“Rated Power” means the power rating of a lamp declared by the manufacturer or supplier of that lamp applicable to use in accordance with the manufacturer’s or supplier’s specifications

"SLUOS" means Street Light Use of System.

"Standard Fitting" means ETSA’s standard Public Lighting equipment. A list of standard fittings as at the date of this Agreement is contained in ETSA's Technical Standard.

"Technical Standards" means standards published by ETSA which are consistent with the Public Lighting Standards and deal with technical requirements for connection to ETSA's Distribution Network.

EXECUTED as an Agreement

SIGNED for and on behalf of ETSA UTILITIES by its duly authorised officer: ______________________________ Chief Executive Officer THE COMMON SEAL of [COUNCIL NAME] was affixed in the presence of: ______________________________ Mayor ______________________________ Chief Executive Officer


SCHEDULE 1

List of Contacts and Address for Notices

The following persons shall administer the day to day aspects of this Agreement:

Council Nominee: [Insert Name] Position [Insert position] Address: [Insert address] Phone: [Insert phone Number] Facsimile No. [Insert fax Number] Email: [Insert email address]

ETSA Nominee: [Insert Name] Position [Insert position] Address: [Insert address] Phone: [Insert phone Number] Facsimile No. [Insert fax Number] Email: [Insert email address]

Address of parties for notices (see Clause 21) ETSA: Chief Executive Officer

ETSA Utilities 1 Anzac Highway Keswick SA 5035 Facsimile: [[TO BE COMPLETED]

COUNCIL: Chief Executive Officer [INSERT COUNCIL NAME] [INSERT COUNCIL ADDRESS] FAX: [TO BE COMPLETED]

Note: Both Council and ETSA are to keep this information current.


SCHEDULE 2

SLUOS Charges for ETSA Owned Public Lighting Assets

All prices excluding GST

Lamp Type Nominal Rating (W)

Number of lamps

$ /lamp p.a. Total $ p.a.

Street Lights Fluorescent 20 $ 72.30 Fluorescent 40 $ 72.30 Fluorescent/Gas Tube 2 x 8 $ 112.70 Fluorescent 2 x 20 $ 112.70 Fluorescent 2 x 40 $ 112.70 Fluorescent 4 x 40 $ 112.70 Fluorescent 4 x 20 $ 112.70 Incandescent 60 $ 80.20 Incandescent 100 $ 80.20 Mercury 50 $ 55.00 Mercury 80 $ 55.00 Sodium - Low Pressure 18 $ 65.30 Sodium - Low Pressure 26 $ 65.30 Sodium - High Pressure 50 $ 70.00 Road Lights Mercury 100 $ 86.10 Mercury 125 $ 86.10 Mercury 250 $ 86.10 Mercury 400 $ 86.10 Mercury 2 x 400 $ 86.10 Mercury 3 x 125 $ 86.10 Sodium - Low Pressure 55 $ 104.60 Sodium - High Pressure 70 $ 104.60 Sodium - Low Pressure 90 $ 104.60 Sodium - High Pressure 100 $ 89.10 Sodium - Low Pressure 135 $ 104.60 Sodium - High Pressure 150 $ 89.10 Sodium - High Pressure 250 $ 89.10 Sodium - High Pressure 400 $ 89.10 Floodlights Incandescent 150 $ 151.20 Incandescent 300 $ 151.20 Incandescent 500 $ 151.20 Incandescent 750 $ 151.20 Incandescent 1000 $ 151.20 Incandescent 1500 $ 151.20 Mercury 80 $ 151.20 Mercury 250 $ 151.20 Mercury 400 $ 151.20 Mercury 750 $ 151.20 Mercury 1000 $ 151.20


SLUOS Charges for ETSA Owned Public Lighting Assets (continued) Lamp Type Nominal

Rating (W) Number of

lamps $ /lamp p.a. Total $ p.a.

Sodium - High Pressure 360 $ 151.20 Sodium - High Pressure 400 $ 151.20 Sodium - High Pressure 960 $ 151.20 Long Pipe $ 19.50


SCHEDULE 3

SLUOS Charges for CLER Council Owned Public Lighting Assets

All prices excluding GST Lamp Type Nominal



Street Lights Fluorescent - Compact 13 $ 42.15 Fluorescent - Compact 18 $ 42.15 Fluorescent 20 $ 28.10 Fluorescent 40 $ 28.10 Fluorescent/Gas Tube 2 x 8 $ 53.90 Fluorescent 2 x 20 $ 53.90 Fluorescent 2 x 40 $ 53.90 Fluorescent 4 x 40 $ 53.90 Fluorescent 4 x 20 $ 53.90 Mercury 50 $ 12.60 Mercury 70 $ 12.60 Mercury 80 $ 12.60 Quartz Halogen 50 $ 27.60 Quartz Halogen 70 $ 27.60 Sodium - Low Pressure 18 $ 20.50 Sodium - Low Pressure 26 $ 20.50 Sodium - High Pressure 50 $ 23.20 Road Lights Mercury 100 $ 15.90 Mercury 125 $ 15.90 Mercury 250 $ 15.90 Mercury 400 $ 15.90 Mercury 2 x 400 $ 15.90 Mercury 3 x 125 $ 15.90 Metal Halide Reactor Control 70 $ 36.60 Metal Halide Reactor Control 100 $ 27.60 Metal Halide Reactor Control 150 $ 27.60 Metal Halide Reactor Control 175 $ 27.60 Metal Halide Reactor Control 250 $ 27.60 Metal Halide Reactor Control 400 $ 27.60 Metal Halide Reactor Control 1000 $ 27.60 Metal Halide Constant Wattage 150 $ 27.60 Metal Halide Constant Wattage 250 $ 27.60 Metal Halide Constant Wattage 400 $ 27.60 Sodium - Low Pressure 55 $ 24.40 Sodium - High Pressure 70 $ 24.40 Sodium - Low Pressure 90 $ 24.40 Sodium - High Pressure 100 $ 18.40 Sodium - Low Pressure 135 $ 24.40 Sodium - High Pressure 150 $ 18.40 Sodium - High Pressure 250 $ 18.40 Sodium - High Pressure 400 $ 18.40


SLUOS Charges for CLER Council Owned Public Lighting Assets (continued)

All prices excluding GST Lamp Type Nominal



Floodlights Incandescent 150 $ 84.40 Incandescent 300 $ 84.40 Incandescent 500 $ 84.40 Incandescent 750 $ 84.40 Incandescent 1000 $ 84.40 Incandescent 1500 $ 84.40 Metal Halide Reactor Control 35 $ 34.80 Metal Halide Reactor Control 50 $ 34.80 Mercury 80 $ 84.40 Mercury 250 $ 84.40 Mercury 400 $ 84.40 Mercury 750 $ 84.40 Mercury 1000 $ 84.40 Sodium - High Pressure 360 $ 84.40 Sodium - High Pressure 400 $ 84.40 Sodium - High Pressure 940 $ 84.40


SCHEDULE 4

SLUOS Charges for Energy Only Council Owned Public Lighting Assets

All prices excluding GST

Lamp Type Nominal Rating (W)

Number of lamps

$ /lamp p.a. Total $ p.a.

All Lamps $ 1.50


SCHEDULE 5

ETSA Owned Public Lighting Assets

Minimum and Supplementary Service Standards & Charges

Clause Reference

Brief Description Minimum Service Standard

Supplementary Services

Council to Specify requirements

ETSA to specify charges (or credit where applicable)

Customer report facilities for the public and Council to notify faulty Public Lighting Assets and other emergency or safety issues.

24 hour 7 day per week

Repair of reported faulty Luminaires. • CBD and Adelaide

Metropolitan, Whyalla, Mount Gambier, Mount Barker, Gawler, Stirling, Murray Bridge, Port Augusta, Willunga, Port Pirie, Port Lincoln

• Elsewhere in South Australia

• 5 Business

days • 10 Business

days

Repair of faulty Luminaires

at a road intersection 5 Business Days

Clean Luminaires To be included with any re-lamping or repair work

Trimming tree foliage within 1000 mm of Luminaires

Not applicable


Clause Reference





Replacement of existing 40w fluorescent Luminaires

50w HP sodium or 80w Mercury Vapour at no cost to the Council (Council to specify preference). The Council and ETSA may agree alternative replacements from time to time at a fair and reasonable fee to be agreed which shall then be inserted in Schedule 2

Council may specify alternative types of Luminaires to be used other than ETSA standard Luminaire

Method of replacement of 40w fluorescent Luminaires

To be agreed on a Luminaire by Luminaire basis

Public Lighting Asset Data (hardcopy and electronic)

6 monthly

Change out/bulk lamp replacement period for lamps

As per Public Lighting Standards

Note 1 & 2 Note 1 & 2

Night patrol frequency (per annum)

Not Applicable Major Streets & High Pedestrian Areas

Not Applicable Minor/ Residential Sts

Detailed maintenance and changes to asset report

N/A Annual

Pole structural inspections N/A 5 years Energy and performance

review reporting N/A End of June

each year

Expenditure reporting N/A End of June each year

Note: (1) Council to be given separate pricing if Council prefers different change out period

than recommended by ETSA. (2) Change out periods will vary with lamp type and street category.


SCHEDULE 6

Council Owned Public Lighting Assets (CLER)

Minimum and Supplementary Service Standards & Charges

Clause Reference





Customer report facilities for the public and Council to notify faulty Public Lighting Assets and other emergency or safety issues.

24 hour 7 day per week

Supply and replace lamps and photo-electric cells. CBD and Adelaide Metropolitan, Whyalla, Mount Gambier, Mount Barker, Gawler, Stirling, Murray Bridge, Port Augusta, Willunga, Port Pirie, Port Lincoln Elsewhere in South Australia

5 Business Days 10 Business Days

Reported unsafe or damaged Public Lighting Asset

N/A Make safe within 24 hours except where there is a risk of injury or if life threatening then make safe within 3 hours. Report to Council within 24 hours.

Supply and repair of faulty Luminaires at a road intersection

5 Business Days

Clean Luminaires During any re-lamping

Trimming tree foliage within 1000 mm of Luminaires

Not applicable

Public Lighting Asset Data (hardcopy and electronic)

N/A 6 monthly


Clause Reference





Change out/bulk Luminaire replacement period for Luminaires

As per Public Lighting Standards

Note 1 & 2 Note 1 & 2

Night patrol frequency (per annum)

Not applicable Major Streets & High Pedestrian Areas

Not applicable Minor/ Residential Sts

Pole structural inspections N/A By Council Detailed maintenance and

changes to asset report N/A Annual

Energy and performance review reporting

N/A End of June each year

Expenditure reporting N/A End of June each year

Others (Council to specify) Others (Council to specify) Note: (1) Council to be given separate pricing if Council prefers different change out period

than recommended by ETSA. (2) Change out periods will vary with lamp type and street category.

Note: Schedule 6 is not applicable to Energy-Only or metered supply lights.


SCHEDULE 7

Alterations To Public Lighting Assets

Action by ETSA Minimum Standard

• Provision of quotation for lighting design

Clause 11.5.2) (Clause 12.6.2)

10 Business Days

• Completion of lighting design

(Clause 11.5.3) (Clause 12.6.3)

20 Business Days

• Offer to install lighting design

(Clause 11.6.1)

30 Business Days

• Connection and energisation of lighting design

(Clause 11.6.3)

40 Business Days if not greater than 6 Luminaires

80 Business Days if greater than 6 but not greater than 12 Luminaries

• Notification of completion of lighting design works

(Clause 11.6.6)

3 Business Days

• Connection and energisation of lighting design works

(Clause 12.2)

10 Business Days

• Assessment of compliance of new Luminaire

(Clause 12.5.3)

10 Business Days

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