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ELECTRICITY SUPPLY ACT 1995 - SECT 53D
Responsibility for cost of bush fire risk mitigation work under direction
53D Responsibility for cost of bush fire risk mitigation work under direction
(1) The owner of premises is responsible for the cost of bush fire risk
mitigation work that is the subject of a direction to the owner under this
Division unless the network operator is responsible for the cost of the work.
(2) The network operator is responsible for the cost of the following bush
fire risk mitigation work that is the subject of a direction under this
Division-- (a) work on vegetation that the network operator has determined
could make the network operator's electricity works become a potential cause
of bush fire,
(b) work on vegetation that the network operator has determined
fails to satisfy the requirements of any standard (adopted by the network
operator for the purposes of reducing the risk of bush fire) as to required
clearances between vegetation and the network operator's electricity works.
(3) The network operator is not responsible for the cost of work in either of
the following circumstances-- (a) if, after the electricity works were first
laid or installed, an owner or occupier of the premises planted the
vegetation, or caused or permitted the vegetation to be planted, in
circumstances in which the owner or occupier ought reasonably to have known
that destruction of, damage to or interference with the works would result,
(b) the land in or on which the vegetation is located, and on or over which
the works are located, was the subject of an easement for the benefit of the
network operator (or a predecessor of the network operator) when the
vegetation was planted.
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