Dial before you dig - now a legal obligation (NSW)

The NSW Government introduced changes from 1 July 2010, to make it it mandatory to notify a designated information provider before you perform any works that require excavation or digging, that you check the location and type of any underground electricity power lines or gas pipelines in the vicinity of the proposed work by contacting Dial before you Dig. 

Dial Before You Dig is the relevant information provider. Notification needs to be made at least 30 days before work commences.

This requirement to notify applies to excavation works for which a development consent is required. Some excavation works are exempt and therefore there is no requirement to notify before digging – these works include:

• excavation  conducted with the use of machinery or powered tools to a depth of less than 150mm;
• excavation conducted without the use of machinery or powered tools to a depth f less than 300mm’
• excavation conducted in an emergency, including (but not limited to) work to prevent or mitigate injury or death or to prevent or mitigate serious damage to property or the environment

Why is it important?

Failure to make the relevant enquiries with Dial Before You Dig can result in large costs to your business if in the course of excavation, damage is incurred to underground electricity powerlines or gas pipelines. As it is now a legal requirement to notify, there may also be implications for your coverage under insurance policies, such as public liability, if you fail to make enquiries and damage is incurred. There is a strong risk that an insurer may decide that they will not indemnify you for these costs if you have not complied with your legal obligation.

To contact Dial Before You Dig call 1100 (calls are free from landlines) or you can submit a notification online at www.1100.com.au

For more information about these new requirements under the Electricity Supply Act 1995 and Gas Supply Act 1996 contact HIA's Building Services or Workplace Advisors on 1300 650 620.

Ref No. NSW LEG 10-04

Disclaimer: The above is intended to provide general information in summary form. The contents do not constitute specific advice and should not be relied upon as such. Formal specific advice should be sought by members with respect to particular matters before taking action.  ABN 99 004 631 752