Victorian Consolidated Legislation

Electricity Safety Act 1998 - SECT 86

Failure to maintain lines

86. Failure to maintain lines



(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.

(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.

(3) If-

   (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

   (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.

(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.

(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.

(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.

(8) Despite the provisions of any other Act, if the relevant distribution
company is the responsible person under section 84(7), 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.

(9) Despite the provisions of-

   (a)  section 77 of the Forests Act 1958; or

   (b)  section 56(2)(l) of the Transport 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(4), (5) or (7)
to obtain the authority or permission of the Secretary to the Department of
Natural Resources and Environment or the Roads Corporation 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 section 84 or under a notice under this
section.

(9A) Despite section 63 of the Road Management Act 2004, it is not necessary
for a responsible person under section 84(4), 84(5) or 84(7) 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 section 84 or under a notice under this section.

(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.

(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.

Division 3-Electric Line Clearance Consultative Committee