Improvement notices

What is an improvement notice?

An improvement notice is a formal notice issued by Energy Safe that requires a person or business to fix a safety or compliance issue by a specified date and time. For example, making sure that wiring is not exposed to weather conditions.

Energy Safe may issue an improvement notice when an Authorised Officer or pipeline inspector believes that:

• a legal requirement has been breached, or is likely to be breached, and
• the breach is likely to continue or happen again.

The notice requires the recipient to take action to fix the breach or prevent the likely breach from occurring.

Who can an improvement notice be issued to?

An improvement notice may be issued to anyone. A notice issued to a company will be addressed to an officer that holds a position of authority. If a safety or compliance issue is not related to a company, the notice will be issued to the relevant person.

What should I do if I receive an improvement notice?

If you receive an improvement notice, you should:

1. Read the notice carefully.
2. Understand what issue has been identified.
3. Review any actions or directions included in the notice.
4. Take the required action before the deadline specified in the notice.
5. Contact the Authorised Officer or pipeline inspector if you have questions about what is required.

You must comply with all requirements and directions contained in the notice.

What information will be included in the improvement notice?

An improvement notice will explain:

• the legal requirements that have been, or are likely to be, breached
• the reasons the notice has been issued
• the date and time by which the issue must be fixed
• your rights and responsibilities.

The notice may also include directions that specify what action you must take to fix the breach or prevent it from happening.

Example of an improvement notice

During the fire danger period, an Energy Safe Authorised Officer sees high, dry grass close to electrical equipment at a solar farm. The officer believes this creates an unacceptable fire risk because the equipment could fail and ignite nearby vegetation.

The Authorised Officer forms the view that the solar farm owner or operator is not meeting its duty under section 75(1)(c) of the Electricity Safety Act 1998, which requires operators to minimise bushfire risk from the installation as far as practicable.

The officer issues an improvement notice to the solar farm operator, ABC Pty Ltd.

Requirement

ABC Pty Ltd must fix the following ongoing breach by 4.00 pm on 1 February 2027:

R1: Failure to maintain a complex electrical installation to minimise bushfire risk, as required under section 75(1)(c) of the Electricity Safety Act 1998.

Directions

To comply with the notice, ABC Pty Ltd must:

D1: Within two hours of receiving the notice, stop generating electricity and not allow electricity generation at the site.

D2: By 4.00 pm on 1 February 2027, reduce grass height to no more than 100 mm around the electrical equipment identified in the notice.

What happens after I comply?

After the compliance deadline has passed, Energy Safe will check whether the required actions have been completed. This may involve:

• a site inspection
• a desktop review
• other compliance checks.

The type of follow-up will depend on the circumstances and the nature of the required actions.

What happens if I don’t comply?

There are penalties for failing to comply with an improvement notice.

Maximum penalties are:

• up to 240 penalty units for an individual
• up to 1,200 penalty units for a body corporate.

If a body corporate commits an offence, an officer of that organisation may also be liable if they knowingly participated in the offence, either through their actions or by failing to act.

More information

Read our compliance and enforcement policy to learn more about Energy Safes approach to compliance and enforcement.