Australian Capital Territory Current Acts

UTILITIES (TECHNICAL REGULATION) ACT 2014 - SECT 41D

    (1)     A responsible utility is responsible for the clearance of vegetation near an aerial line on the following (the land ):

        (a)     unleased territory land;

        (b)     rural leased land;

        (c)     national land.

Examples—par (a)

park, nature strip, nature reserve, national park

Example—par (b)

farm

    (2)     A responsible utility may—

        (a)     enter and occupy the land; and

        (b)     undertake any activity or work on the land that is reasonably necessary for the clearance of vegetation near an aerial line, including—

              (i)     the felling or lopping of trees; or

              (ii)     the trimming of roots of trees or other plants; or

              (iii)     the clearing or removal of vegetation.

Note     A responsible utility must give notice to the owner of the land before entering or occupying the land (see s 41L).

    (3)     However, the responsible utility may only undertake an activity or work under subsection (2) (b) in accordance with a technical code (if any) that applies to the activity or work.

Note     A responsible utility commits an offence if a technical code applies to the utility, and the utility fails to comply with a requirement of the code (see s 16 (2)).

    (4)     A responsible utility commits an offence if the responsible utility—

        (a)     is responsible for the clearance of vegetation near an aerial line on the land; and

        (b)     allows any part of a tree or other vegetation on the land to be too close to the aerial line.

Maximum penalty: 10 penalty units.

    (5)     An offence against subsection (4) is a strict liability offence.

    (6)     Subsection (4) does not apply if the responsible utility has a reasonable excuse.

    (7)     A part of a tree or other vegetation on the land is too close to an aerial line if at any time it is within the minimum distance from any part of the line worked out in accordance with table 41D.

    (8)     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 a registered or remnant tree, if the work is undertaken for protecting life or property in urgent circumstances—anything done in relation to the tree under this section; or

        (c)     for a protected tree in any other case—an activity approved under that Act

, s 28 or s 32 (see that Act

, s 18 (1) (c)).

Table 41D

column 1	column 2	column 3	column 4	column 5
direction in which minimum distance must be observed	minimum distance from insulated aerial cable or insulated aerial service line, where- U ≤ 1 kV	minimum distance from aerial conductor or covered aerial cable, where- U ≤ 1 kV	minimum distance from aerial conductor or aerial cable, where- 1 kV < U ≤ 33 kV	minimum distance from aerial conductor or aerial cable, where- 33 kV < U ≤ 132 kV
any direction	1.0m	1.5m	2.0m	3.0m