New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 53D

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.