New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 49

49 Obstruction of electricity works

(1) This section applies if a network operator has reasonable cause to believe that any structure or thing situated in, on or near its electricity works--

(a) could destroy, damage or interfere with those works, or

(b) could make those works become a potential cause of bush fire or a potential risk to public safety.

(2) The network operator may serve a written notice on the person having control of the structure or thing requiring the person to--

(a) modify or remove the structure or thing, or

(b) do either of the following--

(i) modify or remove the structure or thing,

(ii) engage an accredited service provider to move the electricity works away from the structure or thing.

(2A) Work undertaken in accordance with a requirement in a notice served under subsection (2) is at the expense of the person served with the notice.

(2B) The network operator may, in an emergency, modify or remove the structure or thing itself, instead of serving a notice under subsection (2).

(3) A notice under subsection (2)--

(a) must specify the work to be carried out, and

(b) must specify a reasonable time within which the work is to be carried out.

(4) If the person fails to carry out the work in accordance with the requirement, the network operator may carry out the work itself.

(5) If the network operator carries out the work after issuing a notice under subsection (2), the costs of--

(a) carrying out the work, and

(b) repairing any damage done to the network operator's electricity works by the structure or thing,

may be recovered by the network operator in a court of competent jurisdiction as a debt owed to it by the person.

(6) A network operator may apply for an injunction to prevent a structure or thing being placed in, on or near its electricity works.

(7) A network operator may take action under this section even if the person having control of the structure or thing owns or occupies the land in, on or over which the network operator's electricity works are situated.

(8) Subsection (5) does not enable the network operator to recover costs from a person referred to in subsection (7) if the structure or thing was lawfully placed in its present position--

(a) before the installation of the electricity works, or

(b) with the agreement of the operator, or

(c) in the case of electricity works to which section 53 applies--before 26 May 2006.

(9) In the circumstances referred to in subsection (8)--

(a) the costs referred to in subsection (5) are to be borne by the network operator, and

(b) the network operator is liable to the owner of the structure or thing for any loss or damage suffered by the owner as a consequence of the work referred to in subsection (4).