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.