Prohibition notices

What is a prohibition notice?

A prohibition notice is a formal notice issued by Energy Safe. They require a person or business to immediately stop an activity that creates a serious and immediate energy safety risk.

Energy Safe may issue a prohibition notice when an Authorised Officer or pipeline inspector believes an activity is occurring, or is about to occur, that creates an immediate risk to the safe supply or use of electricity or gas.

Who can a prohibition notice be issued to?

A prohibition notices 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 a prohibition notice?

If you receive a prohibition notice, you must immediately stop the activity or activities identified in the notice.

You should:

1. Read the notice carefully.
2. Identify the activity or activities which must stop.
3. Review any directions included in the notice.
4. Take any action required to address the safety risk.
5. Contact the Authorised Officer or pipeline inspector if you have questions about what the notice requires.

What information will be included in the prohibition notice?

A prohibition notice will explain:

• the reasons Energy Safe issued the notice
• why the Authorised Officer or pipeline inspector formed that opinion
• the activity or activities which must stop
• information about your rights and responsibilities.

The notice may also include directions specifying what action you must take to address the issue creating the safety risk.

Examples of when a prohibition notice may be issued

A prohibition notice may be issued to stop:

• the sale of gas appliances that have been found to be unsafe
• the connection of unsafe electrical equipment to an electricity supply
• electricity generation at a site where there are inadequate bushfire risk controls
• electricity generation at a solar farm until dry vegetation near electrical equipment has been removed or otherwise controlled
• the supply of gas that does not meet gas quality standards.

What happens after a prohibition notice is issued?

Energy Safe will check whether the notice has been complied with. This may involve:

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

You must not resume the activity until you receive written confirmation from the Chairperson of Energy Safe or an Energy Safe Authorised Officer.

What happens if I don’t comply?

There are significant penalties for failing to comply with a prohibition notice.

Under the Gas Safety Act and Electricity Safety Act

Maximum penalties are:

• up to 500 penalty units, 5 years imprisonment, or both, for an individual
• up to 2,500 penalty units for a body corporate.

Under the Pipelines Act

Maximum penalties are:

• up to 600 penalty units for an individual
• up to 3,000 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.