South Australian Current Acts South Australian Current Acts55A—Vegetation clearance schemes
(1) An
electricity entity may agree a vegetation clearance scheme with a council
governing the way in which vegetation is to be kept clear of public powerlines
on land (other than private land) within both the council's area and a
prescribed area.
(2) A vegetation
clearance scheme may do one or more of the following:
(a) it
may require the electricity entity to inspect and clear vegetation more
frequently than is required under the principles of vegetation clearance or
otherwise govern the way in which the entity will carry out its duty to clear
vegetation;
(b) it
may—
(i)
contain a delegation by the electricity entity of a
function or power under this Part in relation to powerlines designed to convey
electricity at 11 kV or less;
(ii)
require that the electricity entity be indemnified for
any liability arising from an act or omission of the council under the
delegation;
(c) it
may confer on the council the duty to keep vegetation of all kinds clear of
specified public powerlines that are designed to convey electricity at 11 kV
or less;
(d) it
may exempt the council from the principles of vegetation clearance relating to
the planting or nurturing of vegetation near overhead public powerlines;
(e) it
may impose obligations on the electricity entity or the council with respect
to clearance work or reducing the need for clearance work;
Example—
For example, a scheme may provide for—
• specified
powerlines to be moved or placed underground;
• specified
vegetation to be removed or restrictions on the types of vegetation that may
be planted or nurtured near powerlines;
• payments by
the council to the entity or by the entity to the council.
(f) it
may make provision for other related matters.
(3) A
vegetation clearance scheme cannot derogate from the principles of
vegetation clearance except to the extent referred to in
subsection (2)(d).
(4) A
vegetation clearance scheme—
(a) must
be in writing and (subject to Subdivision 2) executed by the council and the
electricity entity; and
(b) may
be modified by written agreement between the parties.
(5) A delegation by
the electricity entity under a vegetation clearance scheme—
(a) may
be subject to conditions specified in the scheme; and
(b) may
be varied or revoked by the electricity entity in accordance with the terms of
the scheme; and
(c) does
not prevent the electricity entity from acting in any matter.
(6) If the duty to
keep vegetation of all kinds clear of powerlines is conferred on a council
under a vegetation clearance scheme, the principles of vegetation clearance
relating to the planting or nurturing of vegetation near powerlines do not
apply to vegetation planted or nurtured on land (other than private land) by
the council, or on the authority of the council, near overhead
public powerlines in relation to which the duty is conferred.
Subdivision 2—Disputes about schemes