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ELECTRICITY SUPPLY ACT 1995 - SECT 49A
Excavation work affecting electricity works
49A Excavation work affecting electricity works
(1) This section applies if a network operator has reasonable cause to believe
that the carrying out or proposed carrying out of excavation work 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) In those circumstances, a network
operator may serve a written notice on the person carrying out or proposing to
carry out the excavation work requiring the person-- (a) to modify the
excavation work, or
(b) not to carry out the excavation work, but only if the
network operator is of the opinion that modifying the excavation work will not
be effective in preventing the destruction or damage of, or interference with,
the electricity works concerned or in preventing those works becoming a
potential cause of bush fire or a potential risk to public safety.
(3) A
notice under subsection (2) must specify the excavation work that is to be
modified or not carried out.
(4) A network operator may recover the following
costs in a court of competent jurisdiction as a debt owed to it by a person
who carried out excavation work the subject of a notice under subsection (2)--
(a) the costs incurred in replacing any of the network operator's electricity
works destroyed by the excavation work,
(b) the costs incurred in repairing
any damage to the network operator's electricity works caused by the
excavation work,
(c) the costs incurred in remedying or mitigating any
interference with the network operator's electricity works caused by the
excavation work.
(5) A network operator may apply for an injunction to
prevent the carrying out of excavation work in, on or near its electricity
works.
(6) A network operator may take action under this section even if the
person carrying out the excavation work owns or occupies the land in, on or
over which the network operator's electricity works are situated.
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