Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if a responsible utility is satisfied that a structure or activity on, under or over land or water interferes, or is reasonably likely to interfere, with the network or a network facility.
(2) The utility may give the land-holder written notice to take whatever action is necessary to stop the interference with the network or facility, or to remove the likelihood of that interference.
(3) The notice must—
(a) indicate the structure or activity; and
(b) require the land-holder to take stated action to stop the interference, or remove the likelihood of the interference, within a stated period; and
(c) contain a statement about the effect of subsection (5).
(4) The stated period must be no less than 14 days starting on the date the notice is given to the land-holder.
(5) If the land-holder does not comply with the notice—
(a) the utility may do whatever is necessary to stop the interference or remove the likelihood of the interference; and
(b) the reasonable expenses thus incurred by the utility are a debt due to the utility by the land-holder.
(6) Subsection (5) (b) does not apply to a structure that was, or an activity that commenced, on, under or over the land before the installation of the network or facility to which the interference relates.
(7) In urgent circumstances, subsection (2) does not apply and the utility may do whatever is necessary to stop the interference or to remove the likelihood of the interference—
(a) without notice to the land-holder; and
(b) at the expense of the utility.
(8) If—
(a) a utility acts under this section in relation to a structure that was, or an activity that commenced, on, under or over the land before the installation of the network or facility to which the interference relates; and
(b) a person suffers loss or damage because of the utility's action;
the amount of the loss or damage is a debt due to the person by the utility.
(9) This section has effect in relation to a tree that is a registered tree under the Tree Protection Act 2005 subject to that Act, part 3 (Protection of trees).
Note Under the Tree Protection Act 2005 , pt 3 it is an offence to damage a registered tree (or do prohibited groundwork in the tree's protection zone) unless the damage or groundwork is allowed under that Act. Application may be made to the conservator for approval of tree damaging activity or prohibited groundwork (including in urgent circumstances).
(10) In subsection (7):
"urgent circumstances "means circumstances in which it is necessary to protect—
(a) the integrity of the network or facility; or
(b) the health or safety of people; or
(c) public or private property; or
(d) the environment.