New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 45

45 Erection and placement of electricity works

(1) For the purpose of exercising its functions under this or any other Act or law, a network operator may carry out any of the following work--

(a) work comprising the erection, installation or extension of electricity works on public land,

(b) work on any land comprising or connected with the alteration, maintenance or removal of existing electricity works on any land,

(c) work on public land that is connected with the erection, installation, extension, alteration, maintenance or removal of electricity works on any land.

(2) Work carried out by a network operator for the purpose of exercising its functions under this or any other Act or law and comprising the erection, installation, extension, alteration, maintenance or removal of electricity works on any land is exempt from the requirement for an approval under the Local Government Act 1993 , except in relation to buildings.

(4) However, no such work (other than routine repairs or maintenance work) may be carried out unless--

(a) written notice of the proposal to carry out the work has been given to the local council, and

(b) the local council has been given a reasonable opportunity (being not less than 40 days from the date on which the notice was given, or a shorter period agreed to in writing by the council) to make submissions to the network operator in relation to the proposal, and

(c) the network operator has given due consideration to any submissions so made.

(5) Subsection (4) does not apply to the carrying out of work to cope with emergencies.

(6) In this section--

"public land" means--

(a) a public road, or

(b) a public reserve, or

(c) Crown land or Crown managed land within the meaning of the Crown Land Management Act 2016 , or

(d) State forest, or

(e) land under the control and management of a public or local authority,

but does not include--

(f) any land (other than State forest) that is occupied under any lease or other arrangement for private purposes that confers a right to exclusive possession of the land, or