Div 1AGeneral investigative powers of electricity officers

Division 1A—General investigative powers of electricity officers 44A—General investigative powers of electricity officers An electricity officer may, in the course of exercising powers under this Part, take photographs, films or audio, video or other recordings as reasonably required in connection with the exercise of those powers. Division 2—Powers and duties relating to infrastructure 45—Entry on land to conduct surveys etc (1) An electricity entity may, by agreement with the occupier of land or on the authorisation of the Minister, enter and remain on land to conduct surveys or assess the suitability of the land for the construction or installation of electricity infrastructure. (2) The Minister may authorise an electricity entity to enter and remain on land under this section on conditions the Minister considers appropriate. (3) If an electricity entity enters land under the authorisation of the Minister, the electricity entity— (a) must give reasonable notice of the proposed entry on land under this section to the occupier; and (b) must minimise the impact of work carried out by the electricity entity on activities of others on the land; and (c) must comply with the conditions of the authorisation. 46—Acquisition of land (1) An electricity entity may acquire land in accordance with the Land Acquisition Act 1969. (2) An electricity entity may only acquire land by compulsory process under the Land Acquisition Act 1969 if the acquisition is authorised in writing by the Minister. 47—Power to carry out work on public land (1) Subject to this section, an electricity entity may— (a) install electricity infrastructure on public land; or (b) operate, maintain, repair, alter, add to, remove or replace electricity infrastructure on public land; or (c) carry out other work on public land for the generation, transmission, distribution or supply of electricity. (2) Without limiting subsection (1), the electricity entity may— (a) erect powerlines on public land; (b) excavate public land and install underground cables. (2a) This section does not apply to work of a kind that may be carried out under the statutory easement under Schedule 1 of the Electricity Corporations (Restructuring and Disposal) Act 1999. (3) Subject to this section, an electricity entity must— (a) give the authority responsible for the management of public land not less than seven days' notice of the entity's intention to carry out work on the land; and (b) secure the authority's agreement to the carrying out of the work. (4) An agreement under this section may contain conditions the authority responsible for management of the land considers appropriate in the public interest. (5) Prior notice and agreement are not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection. (6) Agreement is not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection. (7) If a dispute arises between an electricity entity and the authority responsible for managing public land about whether work should be permitted under this section on the land or about the conditions on which work should be permitted on public land, either party to the dispute may refer the dispute to the Minister. (8) Subsection (7) does not apply to a dispute where the authority responsible for managing the public land is a Minister or a person or body to whom directions may be given by a Minister in relation to the matter in dispute. (9) If a dispute is referred to the Minister under this section, the Minister must— (a) allow the parties to the dispute the opportunity to make representations to the Minister on the questions at issue in the dispute; and (b) make a reasonable attempt to get the parties to agree to settlement of the dispute on agreed terms. (10) If the Minister cannot get the parties to agree, the Minister may make— (a) an order that the work is or is not permitted on the land; (b) if the Minister orders that the work is permitted, an order fixing the conditions on which the work is permitted, as the Minister thinks fit. (13) An electricity entity must make good any damage caused by the exercise of powers under this section as soon as practicable or pay reasonable compensation for the damage. (14) An electricity entity may only act under this section in relation to public land in a way that interferes with the continued enjoyment or exercise of rights deriving from native title in the land by agreement with the Minister (on behalf of the State) and the holders of native title in the land. (15) This section does not derogate from the obligation to comply with the provisions of any other Act. (16) In this section— native title and holder of native title have the same meanings as in the Native Title (South Australia) Act 1994; public land means land owned by the Crown or an instrumentality or agent of the Crown or by a council or other local government body, including any such land that is subject to native title. 48—Entry for purposes related to infrastructure (2) Subject to this section, if an electricity officer seeks to enter land pursuant to rights conferred on an electricity entity by a statutory or other easement relating to electricity infrastructure situated on the land, the officer must give reasonable written notice to the occupier of the land stating the reason and the date and time of the proposed entry. (2a) Despite subsection (2), an electricity officer may exercise a power of entry referred to in that subsection without giving notice in accordance with subsection (2) in relation to electricity infrastructure situated on land that is in the area of a council and in the bushfire risk area if— (a) the purpose of the entry is to conduct an inspection of the infrastructure; and (b) — (i) the electricity entity gives reasonable written notice of the date and time of the proposed entry to the occupier of the land; or (ii) if it is not reasonably practicable for the electricity entity to give notice in accordance with subparagraph (i), the electricity entity— (A) publishes, at least 1 month before the proposed inspection of infrastructure in the area of the council, a prescribed notice in a newspaper circulating within that area; and (B) conducts the inspection during the period specified in the prescribed notice. (3) If the proposed entry is refused or obstructed, an electricity officer may obtain a warrant under Part 9 to enter the land. (4) In an emergency, an electricity officer may exercise a power of entry referred to in this section— (a) at any time and without prior notice if it is not practicable to give such notice; and (b) if necessary in the circumstances, by the use of reasonable force. (6) An electricity officer may not enter a place under a warrant or by force in an emergency unless accompanied by a member of the police force. (7) An electricity entity must make good any damage caused by the exercise of powers under a warrant or by force in an emergency as soon as practicable or pay reasonable compensation for the damage. (8) In this section— prescribed notice, in relation to an inspection of electricity infrastructure by an electricity entity in the area of a council, means a notice that specifies the period (of up to 1 month) during which the entity proposes to inspect its infrastructure in the area. 48A—Easements and access to infrastructure for data transmission and telecommunications (1) Where electricity infrastructure owned or operated by an electricity entity is situated on land that does not belong to the entity, any powers or rights that the entity has under this Act or pursuant to a statutory or other easement for the purposes of installing, operating and carrying out work relating to electricity infrastructure on that land will be taken also to be exercisable for the purposes of— (a) installing telecommunications cables or equipment by attaching it to or incorporating it in the electricity infrastructure on the land; and (b) operating and carrying out work relating to telecommunications cables or equipment so installed; and (c) operating the electricity infrastructure on the land for telecommunications. (2) Powers and rights conferred on an electricity entity under subsection (1) will also, with the consent of the electricity entity, be exercisable by another body in the same manner and subject to the same conditions as would apply if the other body were the electricity entity and persons appointed by the other body subject to conditions determined by the Minister were electricity officers. (3) This section has effect despite the Real Property Act 1886 or any other law. Division 3—Powers relating to installations 49—Entry to inspect etc electrical installations (1) An electricity officer for an electricity entity may, at any reasonable time, enter and remain in a place to which electricity is, is to be, or has been, supplied by the entity— (a) to inspect electrical installations in the place to ensure that it is safe to connect or reconnect electricity supply; or (b) to take action to prevent or minimise an electrical hazard; or (c) to investigate suspected theft of electricity. (2) In an emergency, an electricity officer may exercise a power of entry under this section at any time and, if necessary in the circumstances, by the use of reasonable force. (3) When an electricity officer enters a place under this section, the electricity officer— (a) may be accompanied by such assistants as the electricity officer considers necessary or appropriate; and (b) may take any vehicles or equipment the electricity officer considers necessary or appropriate for the functions the electricity officer is to carry out in the place. (4) An electricity officer may not enter a place by force in an emergency unless accompanied by a member of the police force. (5) If in the opinion of an electricity officer an electrical installation is unsafe, the electricity officer may disconnect the electricity supply to the place in which the installation is situated until the installation is made safe to the satisfaction of the electricity officer. 50—Entry to read meters etc An electricity officer for an electricity entity may, at any reasonable time, enter and remain in a place to which electricity is, or is to be, sold or supplied by the entity— (a) to read, or check the accuracy of, a meter for recording consumption of electricity; or (b) to examine the electrical installations in the place to determine load classification and the appropriate price for the sale of electricity; or (c) to install, repair or replace meters, control apparatus and other electrical installations in the place. 51—Entry to disconnect supply If an electricity officer has proper authority to disconnect an electricity supply to a place, the electricity officer may, at any reasonable time, enter and remain in the place to disconnect the electricity supply to the place. 52—Disconnection of supply if entry refused (1) If an electricity officer seeks to enter a place under this Division and entry is refused or obstructed, the electricity entity may, by written notice to the occupier of the place, ask for consent to entry by an electricity officer. (2) The notice must state the reason and the date and time of the proposed entry. (3) If entry is again refused or obstructed, the electricity entity may— (a) if it is possible to do so—disconnect the electricity supply to the place without entering the place; or (b) if not—obtain a warrant under Part 9 to enter the place for the purpose of disconnecting the electricity supply, enter the place under the warrant and disconnect the electricity supply. (4) An electricity officer may not enter a place under a warrant unless accompanied by a member of the police force. (5) An electricity entity must make good any damage caused by the exercise of powers under this section as soon as practicable or pay reasonable compensation for the damage. (6) The electricity entity must restore the electricity supply if— (a) the occupier— (i) consents to the proposed entry; and (ii) pays the appropriate reconnection fee; and (b) it is safe to restore the electricity supply; and (c) there is no other lawful ground for refusing to restore the electricity supply. Division 4—Powers and duties in emergencies 53—Electricity entity may cut off electricity supply to avert danger (1) An electricity entity may, without incurring any liability, cut off the supply of electricity to any region, area, land or place if it is, in the entity's opinion, necessary to do so to avert danger to person or property. (2) If an electricity entity proposes to cut off a supply of electricity in order to avert danger of a bush fire, the entity should, if practicable, consult with the Chief Officer of the South Australian Country Fire Service before doing so. 54—Emergency legislation not affected Nothing in this Act affects the exercise of any power, or the obligation of a regulated entity to comply with any direction, order or requirement, under the Emergency Management Act 2004, Essential Services Act 1981, Fire and Emergency Services Act 2005, National Electricity (South Australia) Act 1996, National Energy Retail Law (South Australia) Act 2011, National Gas (South Australia) Act 2008 or Part 11 of the South Australian Public Health Act 2011.