Electricity Supply Amendment
(Protection of Electricity Works) Bill
2006

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Electricity Supply Act 1995 (the Principal Act)
so as:

(a) to protect the presence, operation and use of certain electricity works, and

(b) to clarify the powers of a network operator with respect to the removal of
dangerous structures or things from land on which certain electricity works are
situated, and

(c) to specify circumstances in which the costs of removing any dangerous
structure or thing are payable by the relevant network operator, and in which
the relevant network operator is liable for loss or damage suffered by the
owner of any structure or thing as a result of its removal.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent.

Clause 3 is a formal provision that gives effect to the amendments to the Electricity
Supply Act 1995 set out in Schedule 1.

Clause 4 is a formal provision for the repeal of the proposed Act after its effect is
spent.

Schedule 1 Amendments
Protection of electricity works
Schedule 1 [3] inserts proposed section 53 into the Principal Act. The new section
applies to electricity works situated in, on or over land as at the commencement of
the proposed Act, together with any repairs, replacements, modifications and
upgrades of those works, but does not apply to works whose presence in, on or over
the land is protected by a registered easement. The proposed section prevents legal
action from being taken against a network operator by reason of the presence,
operation or use of any such works, and states that, as between the owner of the land
and the network operator, the presence, operation and use of any such works is taken
to be lawful. However, the proposed section preserves any civil liability for
negligence that may arise from the operation, use, maintenance, repair, replacement,
modification, upgrade or removal of any such works.

Removal of dangerous structures and things
Section 49 of the Principal Act enables a network operator to take action to remove
structures and things that endanger its electricity works.

Schedule 1 [2] inserts new subsections (7), (8) and (9) into section 49.

Proposed subsection (7) ensures that such action may be taken even if the works
concerned are situated on land owned or occupied by the person having control of the
structure or thing concerned.

Proposed subsection (8) provides that subsection (5) (which would otherwise enable
a network operator to recover the cost of removing a structure or thing from the
person having control of it) does not apply, in relation to certain classes of structure
or thing, where the person having control of the structure or thing owns or occupies
the land on which the works are situated.

Proposed subsection (9) provides that, in the circumstances in which proposed
subsection (8) applies, the network operator must bear the costs of removing the
structure or thing, and is liable to the owner of the structure or thing for any loss or
damage suffered by the owner as a consequence of its removal.

Schedule 1 [1] substitutes section 49 (1) so as to align its wording with that of
section 48 (1) (an analogous provision dealing with the hazards to electricity works
that are posed by trees).

Savings and transitional provisions
Schedule 1 [4] amends clause 1 of Schedule 6 so as to enable regulations under the
principal Act to make provision of a savings or transitional nature consequent on the
enactment of the proposed Act.

Schedule 1 [5] inserts a new Part 7 into Schedule 6. The proposed Part contains the
following clauses:

(a) a definitions clause (proposed clause 47),

(b) a clause that prevents a court that is hearing proceedings commenced before
this Bill was introduced into Parliament from ordering the modification or
removal of existing electricity works of the kind to which proposed section 53
applies (proposed clause 48),

(c) a clause that applies proposed section 53 to legal proceedings commenced
after this Bill was introduced into Parliament, so precluding any action based
on the presence, operation or use of existing electricity works of the kind to
which proposed section 53 applies (proposed clause 49).

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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