Subdiv 1Content and nature of schemes

Subdivision 1—Content and nature of schemes 55A—Vegetation clearance schemes (1) An electricity entity may agree a vegetation clearance scheme with a council governing the way in which vegetation is to be kept clear of public powerlines on land (other than private land) within both the council's area and a prescribed area. (2) A vegetation clearance scheme may do one or more of the following: (a) it may require the electricity entity to inspect and clear vegetation more frequently than is required under the principles of vegetation clearance or otherwise govern the way in which the entity will carry out its duty to clear vegetation; (b) it may— (i) contain a delegation by the electricity entity of a function or power under this Part in relation to powerlines designed to convey electricity at 11 kV or less; (ii) require that the electricity entity be indemnified for any liability arising from an act or omission of the council under the delegation; (c) it may confer on the council the duty to keep vegetation of all kinds clear of specified public powerlines that are designed to convey electricity at 11 kV or less; (d) it may exempt the council from the principles of vegetation clearance relating to the planting or nurturing of vegetation near overhead public powerlines; (e) it may impose obligations on the electricity entity or the council with respect to clearance work or reducing the need for clearance work; Example— For example, a scheme may provide for— • specified powerlines to be moved or placed underground; • specified vegetation to be removed or restrictions on the types of vegetation that may be planted or nurtured near powerlines; • payments by the council to the entity or by the entity to the council. (f) it may make provision for other related matters. (3) A vegetation clearance scheme cannot derogate from the principles of vegetation clearance except to the extent referred to in subsection (2)(d). (4) A vegetation clearance scheme— (a) must be in writing and (subject to Subdivision 2) executed by the council and the electricity entity; and (b) may be modified by written agreement between the parties. (5) A delegation by the electricity entity under a vegetation clearance scheme— (a) may be subject to conditions specified in the scheme; and (b) may be varied or revoked by the electricity entity in accordance with the terms of the scheme; and (c) does not prevent the electricity entity from acting in any matter. (6) If the duty to keep vegetation of all kinds clear of powerlines is conferred on a council under a vegetation clearance scheme, the principles of vegetation clearance relating to the planting or nurturing of vegetation near powerlines do not apply to vegetation planted or nurtured on land (other than private land) by the council, or on the authority of the council, near overhead public powerlines in relation to which the duty is conferred.