New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 49

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).