Western Australian Consolidated Acts Western Australian Consolidated Acts Subject to this Act
and as in this section hereafter provided, a supply authority may do all or
any of the following things, that is to say —
(a)
enter upon any land, street or place and survey and take levels thereof;
(b) open
and break up the soil, surface or pavement of any streets and bridges within
the limits of any district or locality to be supplied by the supply authority
with electricity, and open and break up any sewers, drains or tunnels within
or under any such streets or bridges, and carry out and install transmission
and distribution works under, over, along or across any such street, bridge,
or shore of the sea, or of any stream or water but so that any electric line
crossing above the surface of any street or of any water commonly used for
navigation shall be constructed in accordance with the technical standards,
and with the clearances from structures and surfaces, prescribed, and that the
free use of any street, bridge, shore, stream or water aforesaid shall not be
obstructed more than is necessary for enabling the supply authority to
exercise the rights, powers and authorities conferred upon it by this Act;
(c) from
time to time repair, alter or remove any such works;
(d) for
all or any of the purposes aforesaid remove and use all materials in, under or
over any streets, and bridges aforesaid;
(e)
carry out and install any transmission works or distribution works in any
place or in, against or through any building for the purpose of supplying the
same or any other place or building with electricity, and set up any service
apparatus necessary for providing thereto a complete supply of electricity,
and for measuring and ascertaining the extent of such supply.
Provided that if the
owner of the building shall rebuild or alter the same, any work attached to
the building shall be removed so far as may be necessary to enable such
rebuilding or alteration to be carried out, and, if so required shall be
affixed to the new or altered building at the cost of the supply authority;
and
(f)
generally all other acts and things which the supply authority from time to
time deems necessary with respect to the supply of electricity.
Provided
that —
(i)
the supply authority shall not erect or install any
distribution works and service apparatus in or against any building or on any
land without the consent of the owners and occupiers thereof, but nothing in
this proviso shall preclude the supply authority from entering such building
or land and carrying out, erecting and installing new distribution works and
service apparatus to replace any distribution works or service apparatus
already lawfully carried out, erected or installed or to repair or alter any
such works or apparatus;
(ii)
before the supply authority proceeds to open or break up
any street, bridge, sewer, drain or tunnel it shall give to any public
authority affected, under whose control or management the same or any part of
the same or any works on, under or above the same may be placed, at least 3
clear day’s notice in writing of the intention of the supply authority
so to do except —
(a) in
cases of emergency arising from defects in any transmission works or
distribution works of the supply authority in which cases such notice shall be
given with all reasonable dispatch after the beginning of the work or the
necessity for the same has arisen; and
(b) in
cases where the work to be carried out consists of the connection of any
distribution works to any transmission works which have been previously laid
or erected, in which cases one clear day’s notice in writing shall be
sufficient;
(iii)
no such street, bridge, sewer, drain or tunnel shall be
opened up or broken up (except in the case of emergency) except under the
superintendence of the public authority having the control or management
thereof or of its officer, and according to such plan as shall be approved by
such public authority or its officer, or, in case of any difference regarding
such plan, then according to such plan as shall be determined, settled or
approved by the Director. Provided that if the public authority or its officer
fails to attend at the time fixed for the opening up or breaking up of any
such street, bridge, sewer, drain or tunnel after notice as required by
paragraph (ii) of this proviso or shall not submit any plan for opening
up or breaking up the same or shall refuse or fail to superintend the
operations in connection therewith, then the supply authority may carry out
the work specified in the said notice without the superintendence of the
public authority or its officer.
[Section 18 amended by No. 94 of 1972
s. 4 (as amended by No. 19 of 1973); No. 86 of 1979 s. 7;
No. 89 of 1994 s. 80; No. 63 of 1996 s. 18.]