Australian Capital Territory Consolidated Acts

UTILITIES ACT 2000 - SECT 109

    (1)     Before a utility begins network operations in relation to public land or private land, it must give the land-holder written notice of the proposed operations.

    (2)     The notice must be given to the land-holder —

        (a)     at least 7 days before the operations begin; or

        (b)     if the relevant industry code requires a minimum period of notice—in accordance with the code.

    (3)     The notice must, so far as practicable, state the following matters:

        (a)     the purpose of the operations;

        (b)     the nature of the activities involved;

        (c)     the parts of the land likely to be affected;

        (d)     the period or periods during which the activities are expected to be carried out;

        (e)     contain a statement indicating—

              (i)     the utility's obligation under this part to restore the land; and

              (ii)     the ACAT's power to direct payment by the utility for loss or damage resulting from the operations.

    (4)     The land-holder may waive its right to all or part of the minimum period of notice under subsection (2).

    (5)     Subsection (1) does not apply if the operations are to be carried out in urgent circumstances in which it is necessary to protect—

        (a)     the integrity of a network or network facility; or

        (b)     the health or safety of people; or

        (c)     public or private property; or

        (d)     the environment.