UTILITIES ACT 2000 - SECT 249 Territory network protection notices
UTILITIES ACT 2000 - SECT 249
Territory network protection notices(1) This section applies if the Territory is satisfied that a structure, tree or activity on, under or over land or water interferes, or is reasonably likely to interfere, with a territory network or territory network facility.
(2) For a structure or tree, the Territory may give the land-holder written notice to take whatever action is necessary to stop the interference with the network or facility, or to remove the likelihood of that interference.
Note For how documents may be given, see the Legislation Act
, pt 19.5.
(3) For an activity, the Territory may give the relevant person written notice to take whatever action is necessary to stop the interference with the network or facility, or to remove the likelihood of that interference
(4) The notice must—
(a) indicate the structure, tree or activity; and
(b) require the person given the notice to take stated action to stop the interference, or remove the likelihood of the interference, within a stated period; and
(c) contain a statement about the effect of subsection (6).
(5) The stated period must be at least 7 days, starting on the day the notice is given.
(6) If the person given the notice does not comply with the notice—
(a) the Territory may do whatever is necessary to stop the interference or remove the likelihood of the interference; and
(b) the reasonable expenses incurred by the Territory to stop the interference or remove the likelihood of the interference are a debt owing to the Territory by the person given the notice.
(7) Subsection (6) (b) does not apply to a structure or tree that was, or an activity that began, on, under or over the land before the installation of the territory network or territory network facility to which the interference relates.
(8) In urgent circumstances the Territory may, without giving a notice under subsection (2) or subsection (3) and at the Territory's expense, do whatever is necessary to stop the interference or remove the likelihood of the interference.
(9) If both of the following happen, the amount of the loss or damage is a debt owing to the person by the Territory:
(a) the Territory acts under this section in relation to a structure or tree that was, or an activity that began, on, under or over the land before the installation of the territory network or territory network facility to which the interference relates;
(b) the person suffers loss or damage because of the Territory's action.
(10) Any work undertaken under this section in relation to 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 18 (1) (c)).
(11) In this section:
"activity" does not include an activity done by or for a utility under this Act.
"person given the notice" means—
(a) for a structure or tree—the land-holder; or
(b) for an activity—the relevant person.
"relevant person", in relation to an activity, means—
(a) the person carrying out the activity; or
(b) the person on whose behalf the activity is being carried out.
"urgent circumstances "means circumstances in which it is necessary to protect—
(a) the integrity of the network or facility; or
(b) the health or safety of people; or
(c) public or private property; or
(d) the environment.