South Australian Numbered Regulations

ELECTRICITY (PRINCIPLES OF VEGETATION CLEARANCE) VARIATION REGULATIONS 2007 (NO 36 OF 2007) - REG 4

4—Substitution of regulation 8

Regulation 8—delete the regulation and substitute:

8—Objections relating to vegetation clearance

        (1)         An occupier or owner of private land may lodge an objection with the Technical Regulator concerning a matter set out in a notice of intention to enter land to carry out work received from an electricity entity or council under Part 5 of the Act.

        (2)         An objection under this regulation must—

            (a)         be made to the Technical Regulator in writing; and

            (b)         be lodged with the Technical Regulator within 21 days after receipt of the notice to which the objection relates or such further time as the Technical Regulator allows.

        (3)         The Technical Regulator must, on receipt of an objection, notify the electricity entity or council, as the case may require, of the objection.

        (4)         On receiving notification of the objection, the electricity entity or council is prohibited from carrying out the clearance of vegetation to which the objection relates until the objection has been determined by the Technical Regulator.

        (5)         The Technical Regulator may—

            (a)         dismiss the objection; or

            (b)         direct the electricity entity or council to take or to refrain from taking any specified action in relation to the matter; or

            (c)         if the objector and the electricity entity or council have reached an agreement as to how the objection might be resolved, and the agreement does not involve a breach of these regulations—determine the objection so as to reflect the agreement.

        (6)         The Technical Regulator may dismiss the objection—

            (a)         on the ground that—

                  (i)         the subject matter of the objection is substantially the same as the subject matter of an objection previously considered; or

                  (ii)         the objection is frivolous or vexatious or without reasonable basis; or

                  (iii)         the objector has not made a reasonable attempt to resolve the matter by agreement with the electricity entity or council; or

            (b)         if satisfied that the objector and the electricity entity or council have entered into an agreement under regulation 6 that relates to the subject matter of the objection; or

            (c)         if satisfied for any other reason that the objection should not be allowed.

        (7)         The Technical Regulator must, as soon as practicable, notify the objector and the electricity entity or council, as the case may require, of the Technical Regulator's determination of the objection.

        (8)         An electricity entity or council must, when giving notice of an intention to enter private land to carry out work under Part 5 of the Act, include in or with the notice a statement of the rights of the owner or occupier to lodge an objection under this regulation.