Part 5Clearance of vegetation from powerlines

Part 5—Clearance of vegetation from powerlines Division 1—Duties and powers in relation to vegetation clearance 55—Duties in relation to vegetation clearance (1) An electricity entity has a duty to take reasonable steps— (a) to keep vegetation of all kinds clear of public powerlines under the entity's control other than powerlines in relation to which the duty to keep vegetation clear is conferred on a council under a vegetation clearance scheme; and (b) to keep naturally occurring vegetation clear of private powerlines under the entity's control, in accordance with the principles of vegetation clearance. (1a) A vegetation clearance scheme may, in accordance with Division 2, confer on a council the duty to take reasonable steps to keep vegetation of all kinds clear of public powerlines that are— (a) designed to convey electricity at 11 kV or less; and (b) within both the council's area and an area prescribed by the regulations (a prescribed area); and (c) not on, above or under private land, in accordance with the principles of vegetation clearance. (2) The occupier of private land has (subject to the principles of vegetation clearance) a duty to take reasonable steps to keep vegetation (other than naturally occurring vegetation) clear of any private powerline on the land in accordance with the principles of vegetation clearance. (3) If vegetation is planted or nurtured near a public powerline contrary to the principles of vegetation clearance, the entity or council that has the duty under this Part to keep vegetation clear of the powerline may remove the vegetation and recover the cost of so doing as a debt from the person by whom the vegetation was planted or nurtured. (4) If a council or occupier should have, but has not, kept vegetation clear of a powerline under an electricity entity's control in accordance with a duty of the council or occupier under this Part, the electricity entity may carry out the necessary vegetation clearance work (but the entity incurs no liability for failure to carry out such work). (5) Any costs incurred by an electricity entity in carrying out vegetation clearance work under subsection (4) or repairs to a powerline required as a result of failure by a council or occupier to carry out the duty of the council or occupier under this Part may be recovered as a debt from the council or occupier. (6) This Part operates to the exclusion of common law duties, and other statutory duties, affecting the clearance of vegetation from a public powerline or a private powerline, and so operates with respect to vegetation clearance work whether the work is carried out by the person having the duty under this Part to keep vegetation clear of the powerline or in pursuance of a delegation or by a contractor or other agent. 55AA—Powers of electricity entity in relation to vegetation clearance (1) An electricity entity with a duty under this Part to keep vegetation clear of powerlines may clear vegetation that is within the bushfire risk area if the entity is satisfied that the vegetation is likely to fall onto a public powerline or private powerline under the entity's control so as to damage the powerline, or give rise to a risk of fire, electric shock, or interruption of electricity supply, despite the entity not having a duty under this Part to carry out such work (but the entity incurs no liability for failure to clear such vegetation). (2) An electricity entity must, before clearing vegetation under subsection (1), obtain a report on the extent of clearance necessary to prevent the vegetation from falling onto a powerline from a person who holds qualifications prescribed by the regulations. Division 2—Vegetation clearance schemes in prescribed areas