South Australian Current Acts South Australian Current Acts55—Duties in relation to vegetation clearance
(1) An
electricity entity has a duty to take reasonable steps—
(a) to
keep vegetation of all kinds clear of public powerlines under the entity's
control other than powerlines in relation to which the duty to keep vegetation
clear is conferred on a council under a vegetation clearance scheme; and
(b) to
keep naturally occurring vegetation clear of private powerlines under the
entity's control,
in accordance with the principles of vegetation clearance.
(1a) A
vegetation clearance scheme may, in accordance with Division 2, confer on a
council the duty to take reasonable steps to keep vegetation of all kinds
clear of public powerlines that are—
(a)
designed to convey electricity at 11 kV or less; and
(b)
within both the council's area and an area prescribed by the
regulations (a "prescribed area"); and
(c) not
on, above or under private land,
in accordance with the principles of vegetation clearance.
(2) The occupier of
private land has (subject to the principles of vegetation clearance) a duty to
take reasonable steps to keep vegetation (other than
naturally occurring vegetation) clear of any private powerline on the land in
accordance with the principles of vegetation clearance.
(3) If vegetation is
planted or nurtured near a public powerline contrary to the
principles of vegetation clearance, the entity or council that has the duty
under this Part to keep vegetation clear of the powerline may remove the
vegetation and recover the cost of so doing as a debt from the person by whom
the vegetation was planted or nurtured.
(4) If a council or
occupier should have, but has not, kept vegetation clear of a powerline under
an electricity entity's control in accordance with a duty of the council or
occupier under this Part, the electricity entity may carry out the necessary
vegetation clearance work (but the entity incurs no liability for failure to
carry out such work).
(5) Any costs incurred
by an electricity entity in carrying out vegetation clearance work under
subsection (4) or repairs to a powerline required as a result of failure
by a council or occupier to carry out the duty of the council or occupier
under this Part may be recovered as a debt from the council or occupier.
(6) This Part operates
to the exclusion of common law duties, and other statutory duties, affecting
the clearance of vegetation from a public powerline or a private powerline,
and so operates with respect to vegetation clearance work whether the work is
carried out by the person having the duty under this Part to keep vegetation
clear of the powerline or in pursuance of a delegation or by a contractor or
other agent.