New South Wales Consolidated Acts

GAS SUPPLY ACT 1996 - SECT 50AB

50AB Responsibility to pay for repairs to gas works

(1) A person issued with a notice under section 50(2)(a) must pay the reasonable costs incurred by the network operator to repair damage to the gas works caused by--

(a) the structure or thing, and

(b) the removal or modification of the structure or thing.

(2) If a network operator takes action under section 50(2)(b) to modify or remove a structure or thing, the person having control of the structure or thing must pay the reasonable costs incurred by the network operator to repair damage to the gas works caused by the structure or thing.

(3) Despite subsections (1) and (2), a network operator may not recover the cost of repairing damage to the operator's gas works--

(a) if the structure or thing was--

(i) lawfully placed or constructed before the installation of the gas works, or

(ii) placed or constructed with the consent of the network operator, or

(b) if the work is undertaken due to a material risk that a structure or thing situated in, on or near the operator's gas works could destroy, cause damage to, or interfere with those works, and the structure or thing was lawfully placed or constructed--

(i) after the installation of the gas works, and

(ii) before the commencement of section 50(1)(b) as inserted by the Energy Legislation Amendment Act 2021 .

(4) The costs payable under this section may be recovered by the operator in a court of competent jurisdiction as a debt owing to the operator by the person in control of the structure or thing.