Part 5 Powers and duties of network operators and retail suppliers
Division 1 Acquisition of land
(1) A network operator may acquire land (including an interest in land) for the purpose of exercising its functions under this or any other Act or law.(2) Land that a network operator is authorised to acquire under this section may be acquired by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of this Act.(3) A network operator may not give a proposed acquisition notice under the Land Acquisition (Just Terms Compensation) Act 1991 without the approval of the Minister.(4) This section authorises a network operator that is an energy transmission operator within the meaning of the Energy Services Corporations Act 1995 to acquire land by agreement or compulsorily for the purposes of the exercise of its principal functions under section 6C of that Act (whether or not the land acquired may also be used for the purposes of the telecommunications function within the meaning of that section). It does not authorise a network operator to acquire land compulsorily solely for the purposes of the exercise of the telecommunications function.
Division 2 Powers and duties relating to electricity works
45 Erection and placement of electricity works
(1) This section applies to work connected with the erection, installation, extension, alteration, maintenance and removal of electricity works.(2) For the purpose of exercising its functions under this or any other Act or law, a network operator:(a) may carry out work to which this section applies, and(b) in particular, may carry out any such work on a public road or public reserve.(3) Work to which this section applies is exempt from the requirement for an approval under the Local Government Act 1993 except in relation to buildings.(4) However, no such work (other than routine repairs or maintenance work) may be carried out unless:(a) notice of the proposal to carry out the work has been given to the local council, and(b) the local council has been given a reasonable opportunity (being not less than 40 days from the date on which the notice was given) to make submissions to the network operator in relation to the proposal, and(c) the network operator has given due consideration to any submissions so made.(5) Subsection (4) does not apply to the carrying out of work to cope with emergencies.
(1) If a public road or public reserve is damaged by any work carried out by a network operator, the local council or roads authority may require the network operator to make good the damage without delay.(2) If the network operator fails to carry out appropriate work in accordance with any such requirement, the local council or roads authority may carry out the work itself.(3) The cost of carrying out the work may be recovered by the local council or roads authority in a court of competent jurisdiction as a debt owed to it by the network operator.
47 Altering position of conduit
(1) A network operator may serve a written notice on a person if:(a) the network operator needs an alteration to be made in the position of a conduit owned by the person, and(b) the alteration would not permanently damage the conduit or adversely affect its operation.(2) The notice:(a) must specify the work to be carried out, and(b) must specify a reasonable time within which the work is to be carried out, and(c) must include an undertaking by the network operator to pay the reasonable cost of carrying out the work.(3) If the work is not carried out as required by the notice, the network operator may carry out the work in a manner that does not permanently damage the conduit or adversely affect its operation.(4) In this section, conduit means anything that is in or under a public road (or any other land on which no building or other structure is located) and is used for the conveyance of a substance, energy or signals.
48 Interference with electricity works by trees
(1) This section applies if a network operator has reasonable cause to believe that a tree situated on any premises:(a) could destroy, damage or interfere with its electricity works, or(b) could make its electricity works become a potential cause of bush fire or a potential risk to public safety.(2) In those circumstances, a network operator:(a) may serve a written notice on the owner or occupier of the premises requiring the owner to trim or remove the tree, or(b) in an emergency, may, at its own expense, trim or remove the tree itself.(3) A notice under subsection (2) (a):(a) must specify the work to be carried out, and(b) must specify a reasonable time within which the work is to be carried out, and(c) must include an undertaking by the network operator to pay the reasonable cost of carrying out the work.(4) Subsection (3) (c) does not apply in either of the following circumstances:(a) if, after the electricity works were first laid or installed, an owner or occupier of the premises planted the tree, or caused or permitted the tree to be planted, in circumstances in which the owner or occupier ought reasonably to have known that destruction of, damage to or interference with the works would result,(b) the land in or on which the tree is located, and on or over which the works are located, was the subject of an easement in favour of the network operator (or a predecessor of the network operator) when the tree was planted.(5) If the work is not carried out as required by the notice, the network operator may carry out the work itself.(6) The cost of carrying out the work may be recovered by the network operator in a court of competent jurisdiction as a debt owed to it by the owner of the premises on which the tree is situated, but only in the circumstances referred to in subsection (4).(7) This section applies despite the existence of a tree preservation order or environmental planning instrument (other than a State environmental planning policy), but does not apply to any tree within a protected area or to any tree that is the subject of or is within an area that is the subject of:(a) an interim heritage order, or a listing on the State Heritage Register, under the Heritage Act 1977, or(b) an order in force under section 136 of the Heritage Act 1977, or(c) an interim protection order under the National Parks and Wildlife Act 1974, or(d) a protection conferred by any similar law.(8) Nothing done for the purpose of carrying out the work required by a notice under this section constitutes an offence against any law under which a tree preservation order or environmental planning instrument (other than a State environmental planning policy) relating to the land is made.(9) In this section:protected area means an area that is within:
(a) a national park or nature reserve within the meaning of the National Parks and Wildlife Act 1974, or(b) land that is reserved or zoned for environmental protection purposes under the Environmental Planning and Assessment Act 1979, or(c) a public reserve within the meaning of the Local Government Act 1993.tree includes shrub and plant.
49 Obstruction of electricity works
(1) This section applies if a network operator has reasonable cause to believe that any structure or thing situated in, on or near its electricity works:(a) could destroy, damage or interfere with those works, or(b) could make those works become a potential cause of bush fire or a potential risk to public safety.(2) In those circumstances, a network operator:(a) may serve a written notice on the person having control of the structure or thing requiring that person to modify or remove it, or(b) in an emergency, may, at its own expense, modify or remove the structure or thing itself.(3) A notice under subsection (2) (a):(a) must specify the work to be carried out, and(b) must specify a reasonable time within which the work is to be carried out.(4) If the person fails to carry out the work in accordance with the requirement, the network operator may carry out the work itself.(5) The costs of:(a) carrying out the work, and(b) repairing any damage done to the network operator’s electricity works by the structure or thing,may be recovered by the network operator in a court of competent jurisdiction as a debt owed to it by the person.(6) A network operator may apply for an injunction to prevent a structure or thing being placed in, on or near its electricity works.(7) A network operator may take action under this section even if the person having control of the structure or thing owns or occupies the land in, on or over which the network operator’s electricity works are situated.(8) Subsection (5) does not enable the network operator to recover any costs referred to in that subsection from a person referred to in subsection (7):(a) where the electricity works are works to which section 53 applies, if the structure or thing had been lawfully placed in its present position:(i) before the commencement of the Electricity Supply Amendment (Protection of Electricity Works) Act 2006, or(ii) after the commencement of that Act, but with the agreement of the network operator, or(b) in any other case, if the existence of the structure or thing in its present position does not contravene the terms of any easement, agreement or other authority that supports the presence of the electricity works in, on or over the land.(9) In the circumstances referred to in subsection (8):(a) the costs referred to in subsection (5) are to be borne by the network operator, and(b) the network operator is liable to the owner of the structure or thing for any loss or damage suffered by the owner as a consequence of the work referred to in subsection (4).
50 Charges for placement of electricity works
No annual or other periodic or special charge is payable by a network operator to a local council or roads authority in respect of any electricity works located in a public reserve or public road or in respect of the space in a public reserve or public road that is occupied by any such works.
51 Ownership of electricity works
(1) A network operator or retail supplier is the owner of its electricity works, whether or not the land in, on or over which they are situated is owned by the network operator or retail supplier.(2) A network operator’s or retail supplier’s electricity works are not to be taken in execution of any judgment against a person other than the network operator or retail supplier under any process of a court.
52 Interruption to electricity supply for maintenance
A network operator or retail supplier may interrupt the supply of electricity to a customer, at such reasonable times as the network operator or retail supplier determines:(a) for the purpose of inspecting, testing or carrying out repairs or maintenance work on its electricity works, or(b) for such other purpose as the network operator or retail supplier considers necessary for the safe and efficient operation of its electricity works.
53 Protection of certain electricity works
(1) This section applies to all electricity works that, immediately before the commencement of the Electricity Supply Amendment (Protection of Electricity Works) Act 2006, were situated in, on or over land not owned by the network operator having control of those works, whether or not their presence, operation or use is supported by an agreement or other authority:(a) including any electricity works that, since that commencement, have been erected or installed on the same site for the purpose of repairing, replacing, modifying or upgrading those works, and(b) excluding any electricity works whose presence in, on or over the land is supported by a registered easement in favour of the network operator.(2) No action by the owner or occupier of the land lies against the network operator by reason of:(a) the presence in, on or over the land of electricity works to which this section applies, or(b) the operation or use of electricity works to which this section applies that are present in, on or over the land,and, as between the owner or occupier of the land and the network operator, the presence of those works, and their operation and use, are taken to be lawful for all purposes.(3) Nothing in subsection (2) relieves a person from any civil liability for negligence (as defined by section 5 of the Civil Liability Act 2002) to which the person becomes subject as a consequence of the way in which any electricity works to which this section applies are operated or used, are maintained, repaired, replaced, modified or upgraded or are removed.(4) In this section, registered easement means an easement that is registered:(a) in the Register kept under the Real Property Act 1900, in the case of land under the provisions of that Act, or(b) in the General Register of Deeds kept under the Conveyancing Act 1919, in the case of any other land.
(1) An authorised officer of a network operator may enter any premises for the purpose of exercising any function conferred or imposed on a network operator by or under this or any other Act or law, including:(a) carrying out preliminary investigations in connection with the proposed installation or extension of electricity works, or(b) installing, extending, maintaining, repairing or removing electricity works, or(c) reading electricity meters, or(d) checking if the network operator’s conditions relating to tariffs and the use of electricity are being complied with, or(e) ascertaining whether an offence against this Act or the regulations has been committed, or(f) inspecting or disconnecting an electrical installation that the network operator is required or permitted to inspect or disconnect by or under this or any other Act or law.(1A) An authorised officer of a retail supplier may enter the premises of a customer for the following purposes in respect of electricity works prescribed by the regulations:(a) carrying out preliminary investigations in connection with the proposed installation or extension of electricity works,(b) installing, extending, maintaining, repairing or removing electricity works,(c) reading electricity meters,(d) checking if the retail supplier’s conditions relating to tariffs and the use of electricity are being complied with,(e) ascertaining whether an offence against this Act or the regulations has been committed.(2) Except in emergencies, a power of entry may be exercised only during daylight hours.
(1) Before an authorised officer of a network operator or retail supplier exercises a power of entry under this Division, the network operator or retail supplier concerned must give the owner or occupier of the land written notice of the intention to enter the land.(2) The notice must specify the day on which the authorised officer intends to enter the land and must be given before that day.(3) This section does not require notice to be given:(a) if entry to the land is made with the consent of the owner or occupier of the land, or(b) if entry is required for the sole purpose of reading an electricity meter, or(c) if entry is required in an emergency.
(1) Reasonable force may be used for the purpose of gaining entry to any land (other than such part of a building as is being used for residential purposes) under a power conferred by this Division, but only if authorised by the network operator or retail supplier concerned in accordance with this section.(2) The authority:(a) must be in writing, and(b) must be given in respect of the particular entry concerned, and(c) must specify the circumstances that must exist before force may be used.
57 Notification of use of force or urgent entry
(1) An authorised officer:(a) who uses force for the purpose of gaining entry to land, or(b) who enters land in an emergency without giving written notice to the owner or occupier of the land,must promptly advise the network operator or retail supplier concerned of that fact.(2) The network operator or retail supplier must give notice of the entry to such persons or authorities as appear to the network operator or retail supplier to be appropriate in the circumstances.
(1) In the exercise of a power under this Division, an authorised officer must do as little damage as possible.(2) As far as practicable, entry onto fenced land is to be made through an existing opening in the enclosing fence or, if entry through an existing opening is not practicable, through a new opening.(3) Any new opening is to be properly closed when the need for entry ceases.(4) If, in the exercise of a power under this Division, any pit, trench, hole or bore is made, the network operator or retail supplier concerned must, if the owner or occupier of the land so requires:(a) fence it and keep it securely fenced so long as it remains open or not sufficiently sloped down, and(b) without unnecessary delay, fill it up or level it or sufficiently slope it down.
59 Recovery of cost of entry and inspection
If an authorised officer enters any land for the purpose of making an inspection and, as a result of the inspection, the network operator or retail supplier concerned requires any work to be carried out on the land, the network operator or retail supplier may recover the reasonable costs of the entry and inspection from the owner or occupier of the land.
The network operator or retail supplier concerned must pay compensation to the owner or occupier of any land in respect of which a power has been exercised under this Division for any loss or damage arising from the exercise of the power, but is not so liable to the extent to which the loss or damage arises from work done for the purposes of an inspection which reveals that there has been a contravention by the owner or occupier, as the case requires, of any provision of this Act or the regulations.
61 Certificates of authority to enter land
(1) A power of entry under this Division may not be exercised by an authorised officer unless the authorised officer:(a) is in possession of a certificate of authority issued by the network operator or retail supplier concerned, and(b) produces the certificate when required to do so by the owner or occupier of the land.(2) The certificate of authority:(a) must state that it is issued under this Act, and(b) must give the name of the person to whom it is issued, and(c) must describe the nature of the powers conferred and the source of those powers, and(d) must state the date (if any) on which it expires, and(e) must describe the kind of land to which the power extends, and(f) must be under the seal of the network operator or retail supplier or must bear the signature of the principal officer of the network operator or retail supplier, of a prescribed officer of the network operator or retail supplier or of an officer belonging to a prescribed class of officers of the network operator or retail supplier.
62 Entry to residential premises
A power of entry conferred by this Division is not exercisable in relation to such part of a building as is used for residential purposes except:(a) with the consent of the occupier of that part of the premises, or(b) for the sole purpose of reading an electricity meter, or(c) under the authority conferred by a warrant of entry.
(1) A network operator or retail supplier may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 if it is of the opinion that it is necessary for an authorised officer within the meaning of this Act to enter and inspect any land (including any building used for residential purposes) for the purposes of this Act.(2) An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a warrant of entry authorising an authorised officer named in the warrant to enter and inspect the land for the purposes of this Act.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a warrant of entry under this section in the same way as it applies to a search warrant under that Act.(4) (Repealed)
63A Other powers of entry unaffected
This Division does not apply to any power of entry that an authorised officer has apart from this Division, such as a power arising under a customer connection contract or customer supply contract.