91Erecting building or structure in proximity to powerline

91 Erecting building or structure in proximity to powerline (1) A person must not erect a building or structure in proximity to a powerline contrary to a safety requirement prescribed by regulation. (2) The Electrical Safety Regulator may exempt a person from a safety requirement referred to in subsection (1) if: (a) the powerline is situated on a public road; and (b) the powerline is constructed to operate at a voltage of not more than 66kV; and (c) the exemption creates no electrical risk. (3) An exemption under section (1) may: (a) be general or specific; and (b) be subject to conditions. (a) the person intentionally erects a building or structure; and (b) the proximity of the building or structure to a powerline is within a distance prescribed by regulation; and (c) the building or structure contravenes a safety requirement prescribed by regulation; and

Electrical Safety Act 2022 59 (d) no exemption is given under subsection (2). (5) Strict liability applies to subsection (4)(b), (c) and (d).