Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) For section 41G, a responsible utility may maintain electrical infrastructure and, for that purpose, do anything reasonably necessary, including—
(a) entering and occupying land; and
(b) undertaking any work on the land for maintaining electrical infrastructure.
Note A responsible utility must give notice to the owner of land before entering or occupying the land (see s 41L).
(2) However, the responsible utility may only undertake work under subsection (1) (b) in accordance with a technical code (if any) that applies to the 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)).
(3) For subsection (1) (b), the maintenance of electrical infrastructure includes the following:
(a) the alteration, removal, repair or replacement of any part of the electrical infrastructure;
(b) inspecting or otherwise ensuring the proper functioning of the electrical infrastructure from time to time;
(c) constructing, installing or placing any plant, machinery, equipment or goods;
(d) interrupting the provision of utility services by the responsible utility;
(e) demolishing, destroying or removing any electrical infrastructure installed or used by the responsible utility in relation to the provision of a utility service.
(4) 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 18 (1) (c)).