Australian Capital Territory Repealed Acts

This legislation has been repealed.

GAS ACT 1992 - SECT 78

78. (1) Subject to this section and any other law of the Territory, an authorised distributor may—

(a)     construct a gas reticulation system above, on or beneath the surface of any land or beneath the surface of any water; and

(b)     replace, repair or maintain a gas reticulation system.

(2) Without limiting the generality of, and for purposes connected with, subsection (1), an authorised distributor may enter and occupy any land and on that land may do any of the following:

(a)     construct, build or place any pipeline, apparatus, plant, machinery, equipment or goods;

(b)     clear vegetation;

(c)     make cuttings or excavations;

(d)     erect temporary workshops, sheds or other buildings;

(e)     remove, or erect a gate in, any fence hindering the work being carried out;

(f)     level the surface of the land and make roads;

(g)     if the work is being carried out on a public street or public place—temporarily stop traffic in that street or place;

(h)     demolish, destroy or remove any pipeline, apparatus, plant, machinery, equipment, goods, workshop, shed, building or road constructed, built, placed or erected by the authorised distributor on the land;

(i)     reinstate the surface of the land and, if the land is a public street or public place, reinstate the street or place (including any pavement) to a safe and reasonable standard that is consistent with adjacent areas of the street or place;

(j)     for the purposes of paragraph (i), remove and dispose of any clay, earth, gravel, sand, soil, stone, timber or other material or things or any vegetation cleared.

(3) Except in cases of emergency, an authorised distributor shall not exercise any of its powers under this section in relation to land that is not part of a public street or public place unless the authorised distributor has given 28 days notice in writing to the owner and to the occupier of the land of its intention to do so.

Penalty: $500.

(4) A notice under subsection (3) shall specify—

(a)     the purpose for which the authorised distributor intends to enter the land;

(b)     the nature of the work which the authorised distributor proposes to carry out on the land;

(c)     the precise parts of the land where it is intended that the work should be carried out; and

(d)     the days during which it is intended that the work should be carried out.