Western Australian Current Acts Western Australian Current Acts (1) It shall be the
duty of the occupier of any land on or over which vegetation is growing to
fell or lop, or to remove or otherwise deal with, in such manner as is
reasonable in the circumstances, so much of any vegetation as is necessary to
prevent it interfering with or obstructing, or becoming likely to interfere
with or obstruct, the construction, maintenance or safe use of any supply
system.
(2) Where in the
opinion of a responsible officer of an energy operator the duty imposed by
subsection (1) has not been carried out —
(i)
if the interference or obstruction is occasioned solely
in relation to premises or apparatus on the land (not being a street or other
public place) from which the vegetation is growing, and the occupier of that
land so consents; or
(ii)
in any other case, (but where the vegetation has been
planted or cultivated, only if the occupier of the land at the point at which
the vegetation interferes or obstructs the supply system has been requested by
notice in writing to carry out the work but has not done so within such
period, not being less than 3 days, as is specified in the notice, and has
been given a reasonable opportunity to make representations as to the manner
in which the work should be effected),
the energy operator
may enter upon the land without notice and clear or remove the vegetation so
far as is necessary causing as little damage as is practicable.
(3) The reasonable
cost of the clearance or removal of vegetation pursuant to subsection (2) may
be recovered by the energy operator from the occupier of the land as a debt
due to the energy operator, if that vegetation had been planted or cultivated,
and for the purposes of this subsection a local government which has planted
or encouraged the planting of vegetation on land not occupied by any other
person shall be deemed to be the occupier of that land.
[Section 54 amended: No. 89 of 1994 s. 39 and 41;
No. 14 of 1996 s. 4; No. 58 of 1999 s. 83(1) and (3).]
[ 55. Deleted: No. 8 of 2006 s. 4.]
[ 56. Deleted: No. 58 of 1999 s. 54.]