ELECTRICITY SAFETY ACT 1998 - SECT 86 Failure to maintain lines
ELECTRICITY SAFETY ACT 1998 - SECT 86
Failure to maintain linesS. 86(1) amended by Nos 89/1998 s. 14(1), 39/2005 s. 48(Sch. 1 items 1, 2).
(1) Energy Safe Victoria or, with the approval of Energy Safe Victoria, the relevant distribution company, may by notice in writing require a person to perform acts specified in the notice for the purpose of keeping the whole or any part of a tree clear of an electric line in respect of which that person is the responsible person within a time specified in the notice being, subject to subsection (4), not less than 14 days after the date of the notice.
S. 86(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).
(2) If—
(a) there is an electric line above or below the surface of land in respect of which there is in force a planning scheme; and
(b) the planning scheme requires a permit to be obtained to trim or remove trees on the land—
a person required by Energy Safe Victoria or the relevant distribution company by notice in writing under subsection (1) to perform any act for the purpose of keeping the whole or any part of a tree clear of the line must, before taking any action to comply with the notice, obtain any necessary permit pursuant to the Planning and Environment Act 1987 in respect of the action necessary to comply with the notice unless an officer or employee of Energy Safe Victoria or the relevant distribution company considers the line to be in such a dangerous condition that urgent compliance with the notice is necessary.
S. 86(2A) inserted by No. 59/2011 s. 14(1).
(2A) Despite subsection (2), a relevant transmission company or a relevant distribution company is not required to obtain a permit pursuant to the Planning and Environment Act 1987 in respect of any action necessary to comply with a notice in writing under subsection (1) if the action is carried out in accordance with the Code.
(3) If—
S. 86(3)(a) amended by No. 39/2005 s. 48(Sch. 1 item 2).
(a) Energy Safe Victoria or the relevant distribution company has by notice pursuant to subsection (1) required a person to perform acts for the purpose of keeping the whole or any part of a tree clear of an electric line; and
S. 86(3)(b) amended by No. 11/2002 s. 3(Sch. 1 item 21).
(b) the time for compliance with the notice is greater than 14 days; and
(c) the person is required under subsection (2) to obtain a permit—
the person—
(d) must apply for the permit within 14 days of the receipt of the notice; and
(e) must perform all acts specified in the notice within 21 days of obtaining the permit.
S. 86(4) amended by No. 39/2005 s. 48(Sch. 1 item 2).
(4) If Energy Safe Victoria or the relevant distribution company considers that urgent compliance with the notice under subsection (1) is necessary, the notice may require the person to comply with it within 14 days of the date of the notice.
S. 86(5) amended by No. 39/2005 s. 48(Sch. 1 item 2).
(5) If the responsible person in relation to a private electric line or an electric line of a relevant distribution company—
(a) is unable to comply with a notice under this section; or
(b) is unable to perform the duties under the Code; or
(c) would put personal safety at risk if the person performed the duties under the Code or under a notice under this section; or
(d) refuses—
(i) to comply with a notice under this section; or
(ii) to perform the duties under the Code—
the relevant distribution company may, with the agreement of Energy Safe Victoria, and must, if Energy Safe Victoria so directs, carry out the duties and perform any work necessary to ensure that the whole or any part of a tree is kept clear of the line and, if the relevant distribution company does so, the responsible person referred to in paragraph (a), (b) or (c) (as the case may be) is not guilty of an offence for failing to perform the duties under the Code.
S. 86(6) amended by No. 39/2005 s. 48(Sch. 1 item 2).
(6) In order to carry out work under subsection (5) an officer, employee or agent of the relevant distribution company may at any reasonable time and upon production of a certificate issued by Energy Safe Victoria or the relevant distribution company enter onto and remain on any land where that work is to be carried out for as long as is necessary for the carrying out of the work.
(7) The relevant distribution company may recover the costs of carrying out any work under subsection (5) from the responsible person.
S. 86(8) amended by No. 2/2014 s. 8(2)(a).
(8) Despite the provisions of any other Act, if the relevant distribution company is the responsible person under section 84, the relevant distribution company is not required to obtain any permit under any other Act in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is carried out in accordance with the Code.
S. 86(8A) inserted by No. 59/2011 s. 14(2), amended by No. 2/2014 s. 8(2)(b).
(8A) Despite the provisions of any other Act, if a transmission company is the responsible person under section 84D, the relevant transmission company is not required to obtain any permit under any other Act in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is carried out in accordance with the Code.
S. 86(9) amended by Nos 2/2014 s. 8(2)(c), 49/2019 s. 186(Sch. 4 item 16.3), 4/2020 s. 18(1).
(9) Despite the provisions of—
(a) section 77 of the Forests Act 1958 ; or
S. 86(9)(b) amended by No. 6/2010 s. 203(1)(Sch. 6 item 16.2) (as amended by No. 45/2010 s. 22).
(b) section 56(2)(l) of the Transport (Compliance and Miscellaneous) Act 1983 ; or
(c) regulations made under or having effect as if made under either of those sections—
it is not necessary for a responsible person under section 84, 84C or 84D to obtain the authority or permission of the Secretary to the Department of Environment, Land, Water and Planning or the Head, Transport for Victoria in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is required under Subdivision 1 or under a notice under this section.
S. 86(9A) inserted by No. 12/2004 s. 171, amended by No. 2/2014 s. 8(2)(d).
(9A) Despite section 63 of the Road Management Act 2004 , it is not necessary for a responsible person under section 84, 84C or 84D to obtain the written consent of the coordinating road authority under the Road Management Act 2004 in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is required under Subdivision 1 or under a notice under this section.
S. 86(10) amended by No. 62/2001 s. 75.
(10) The relevant distribution company, in exercising a power under this section, must comply with any code applying in relation to the exercise of that power issued by the Essential Services Commission under the Essential Services Commission Act 2001 .
S. 86(10A) inserted by No. 89/1998 s. 14(2), amended by No. 61/2007 s. 12(3).
(10A) Despite anything to the contrary in this section, subsection (1) does not empower the relevant distribution company to give a notice under that subsection to a transmission company or to the operator of a railway.
(11) A person must not contravene or fail to comply with this section.
Penalty: In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
S. 86A inserted by No. 55/2010 s. 18.