Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if the Territory is satisfied that a structure or activity on, under or over land or water interferes, or is reasonably likely to interfere, with a territory network or territory network facility.
(2) For a structure, the Territory 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) For an activity, the Territory may give the relevant person 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
(4) The notice must—
(a) indicate the structure or activity; and
(b) require the person given the notice 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 (6).
(5) The stated period must be at least 7 days, starting on the day the notice is given.
(6) If the person given the notice does not comply with the notice—
(a) the Territory may do whatever is necessary to stop the interference or remove the likelihood of the interference; and
(b) the reasonable expenses incurred by the Territory to stop the interference or remove the likelihood of the interference are a debt owing to the Territory by the person given the notice.
(7) Subsection (6) (b) does not apply to a structure that was, or an activity that began, on, under or over the land before the installation of the territory network or territory network facility to which the interference relates.
(8) In urgent circumstances the Territory may, without giving a notice under subsection (2) or subsection (3) and at the Territory's expense, do whatever is necessary to stop the interference or remove the likelihood of the interference.
(9) If both of the following happen, the amount of the loss or damage is a debt owing to the person by the Territory:
(a) the Territory acts under this section in relation to a structure that was, or an activity that began, on, under or over the land before the installation of the territory network or territory network facility to which the interference relates;
(b) the person suffers loss or damage because of the Territory's action.
(10) 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).
(11) In this section:
"activity" does not include an activity done by or for a utility under this Act.
"person given the notice" means—
(a) for a structure—the landholder; or
(b) for an activity—the relevant person.
"relevant person", in relation to an activity, means—
(a) the person carrying out the activity; or
(b) the person on whose behalf the activity is being carried out.
"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.