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UTILITIES ACT 2000 - SECT 231 Installation of territory network facilities

UTILITIES ACT 2000 - SECT 231

Installation of territory network facilities

    (1)     For the provision of a territory service, the Territory may, at any time—

        (a)     enter and occupy land; and

        (b)     enter and occupy a structure, other than a structure used for residential purposes, that is not owned by the Territory if—

              (i)     the structure is on territory land; and

              (ii)     infrastructure relating to the streetlight network is installed in the structure; and

        (c)     carry out any work on the land that is necessary or desirable for installing a territory network facility.

    (2)     Under subsection (1) (c), the Territory may, for example, carry out any of the following work:

        (a)     make surveys, take samples and examine the soil;

        (b)     construct, install or place any plant, machinery, equipment or goods;

        (c)     fell or lop trees, or clear and remove vegetation;

        (d)     interrupt the provision of a territory service by the Territory;

        (e)     make cuttings and excavations;

        (f)     level the land or make roads;

        (g)     erect offices, workshops, sheds, other buildings, fences and other structures;

        (h)     demolish, destroy or remove any territory network facility installed or used by the Territory in relation to the provision of a territory service;

              (i)     put a gate or passageway in a fence or wall (except a wall of a building) that prevents or hinders the Territory's work under this section, or remove the gate or passageway;

        (j)     temporarily divert or stop traffic on a public road or bridge;

        (k)     restore the land, or fences, walls or other structures on the land, affected by the Territory's work and, for that purpose, remove and dispose of soil, vegetation and other material.

    (3)     This section does not entitle the Territory to act under subsection (1) on land for which it is not the land-holder unless—

        (a)     it or the Executive has an appropriate interest in the land; or

        (b)     the owner of the land agrees to the action.

    (4)     If subsection (2) (i) applies, the Territory must ensure, so far as practicable, that the work is carried out in a way that minimises inconvenience and disruption to the passage of people, vehicles and vessels.

    (5)     Any work undertaken under this section that affects a protected tree is subject to the Urban Forest Act 2023

, part 3 (Protection of trees).

Note     Under the Urban Forest Act 2023

, pt 3 it is an offence to damage a protected tree or do prohibited groundwork in the tree's protection zone (see that Act

, s 16 and s 17). However, the offences do not apply to—

        (a)     for a public or regulated tree—anything done in relation to the tree under this section; or

        (b)     for any other protected tree—an activity approved under that Act

, s 28 or s 32 (see that Act

, s 18 (1) (c)).