South Australian Current Acts

ELECTRICITY ACT 1996 - SECT 48

48—Entry for purposes related to infrastructure

        (2)         Subject to this section, if an electricity officer seeks to enter land pursuant to rights conferred on an electricity entity by a statutory or other easement relating to electricity infrastructure situated on the land, the officer must give reasonable written notice to the occupier of the land stating the reason and the date and time of the proposed entry.

        (2a)         Despite subsection (2), an electricity officer may exercise a power of entry referred to in that subsection without giving notice in accordance with subsection (2) in relation to electricity infrastructure situated on land that is in the area of a council and in the bushfire risk area if—

            (a)         the purpose of the entry is to conduct an inspection of the infrastructure; and

            (b)         —

                  (i)         the electricity entity gives reasonable written notice of the date and time of the proposed entry to the occupier of the land; or

                  (ii)         if it is not reasonably practicable for the electricity entity to give notice in accordance with subparagraph (i), the electricity entity—

                        (A)         publishes, at least 1 month before the proposed inspection of infrastructure in the area of the council, a prescribed notice in a newspaper circulating within that area; and

                        (B)         conducts the inspection during the period specified in the prescribed notice.

        (3)         If the proposed entry is refused or obstructed, an electricity officer may obtain a warrant under Part 9 to enter the land.

        (4)         In an emergency, an electricity officer may exercise a power of entry referred to in this section—

            (a)         at any time and without prior notice if it is not practicable to give such notice; and

            (b)         if necessary in the circumstances, by the use of reasonable force.

        (6)         An electricity officer may not enter a place under a warrant or by force in an emergency unless accompanied by a member of the police force.

        (7)         An electricity entity must make good any damage caused by the exercise of powers under a warrant or by force in an emergency as soon as practicable or pay reasonable compensation for the damage.

        (8)         In this section—

"prescribed notice", in relation to an inspection of electricity infrastructure by an electricity entity in the area of a council, means a notice that specifies the period (of up to 1 month) during which the entity proposes to inspect its infrastructure in the area.