Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if a responsible utility is satisfied that a structure, tree or activity on, under or over land or water interferes, or is reasonably likely to interfere, with the regulated utility network or a network facility.
(2) The responsible utility may give the landholder written notice to take whatever action is necessary to stop the interference with the regulated utility network or network facility, or to remove the likelihood of that interference.
Note 1 Utilities may also maintain network facilities under the Utilities Act 2000
, s 106 (Maintenance of network facilities).
Note 2 For how documents may be given, see the Legislation Act
, pt 19.5.
(3) The notice must—
(a) indicate the structure, tree or activity; and
(b) require the landholder to take stated action to stop the interference, or remove the likelihood of the interference, within a stated period; and
(c) contain a statement about the effect of subsection (5).
(4) The stated period must be at least 14 days starting on the date the notice is given to the landholder.
(5) If the landholder does not comply with the notice—
(a) the responsible utility may do whatever is necessary to stop the interference or remove the likelihood of the interference; and
(b) the reasonable expenses incurred by the utility are a debt due to the utility by the landholder.
(6) Subsection (5) (b) does not apply to a structure or tree that was, or an activity that commenced, on, under or over the land before the installation of the regulated utility network or network facility to which the interference relates.
(7) In urgent circumstances, subsection (2) does not apply and the responsible utility may do whatever is necessary to stop the interference or to remove the likelihood of the interference—
(a) without notice to the landholder; and
(b) at the expense of the utility.
(8) The responsible utility must, as soon as practicable after taking action under subsection (7), give written notice to the landholder and the technical regulator about—
(a) the action taken to stop the interference or to remove the likelihood of the interference; and
(b) the urgent circumstances that required the action under subsection (7).
(9) If both of the following happen, the amount of the loss or damage is a debt owing to the person by the responsible utility:
(a) the responsible utility acts under this section in relation to a structure or tree that was, or an activity that began, on, under or over the land before the installation of the regulated utility network or network facility to which the interference relates;
(b) the person suffers loss or damage because of the responsible utility's action.
(10) Any work undertaken under this section that affects a protected tree is subject to the Urban Forest Act 2023
, part 3 (Protection of trees).
Note Under the Urban Forest Act 2023
, pt 3 it is an offence to damage a protected tree or do prohibited groundwork in the tree's protection zone (see that Act
, s 16 and s 17). However, the offences do not apply to—
(a) for a public or regulated tree—anything done in relation to the tree under this section; or
(b) for any other protected tree—an activity approved under that Act
, s 18 (1) (c)).
(11) In subsection (7):
"urgent circumstances "means circumstances in which it is necessary to protect—
(a) the integrity of a regulated utility network or network facility; or
(b) the health or safety of people; or
(c) public or private property; or
(d) the environment.