South Australian Current Acts

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ELECTRICITY ACT 1996 - SECT 86

86—Erection of buildings in proximity to powerline

        (1)         A person must not, except as approved by the Technical Regulator, erect a building or structure in proximity to a powerline contrary to the regulations.

Maximum penalty: $10 000.

        (2)         Subject to the regulations, the Technical Regulator may give an approval for the purposes of this section.

        (3)         An approval under this section—

            (a)         may be general or specific; and

            (b)         will, insofar as the approval operates for the benefit of a particular person, be subject to such conditions as the Technical Regulator may fix from time to time by notice in writing served personally or by post on that person.

        (4)         If a building or structure is erected by a person in proximity to a powerline of an electricity entity in contravention of this section, the entity may—

            (a)         on application to a court convicting the person of an offence against subsection (1); or

            (b)         by action in a court of competent jurisdiction,

obtain one or more of the following orders:

            (c)         an order of the court requiring the person to take specified action to remove or modify the building or structure within a specified period;

            (d)         an order for compensation from the person for loss or damage suffered in consequence of the contravention;

            (e)         an order for costs reasonably incurred by the entity in relocating the powerline or carrying out other work to rectify the situation.



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