Subdiv 4Resolution of disputes under schemes

Subdivision 4—Resolution of disputes under schemes 55N—Resolution of dispute by intervention of Technical Regulator (1) A party to a vegetation clearance scheme agreed or determined under this Division may ask the Technical Regulator to assist in the resolution of a dispute that has arisen under the scheme. (2) The Technical Regulator has a discretion whether to assist in, or to continue to assist in, the resolution of the dispute and may impose conditions that must be satisfied if assistance is to be given or continued. (3) If the Technical Regulator proceeds under this section, the Regulator may do one or more of the following to resolve the dispute: (a) appoint a mediator to facilitate resolution of the dispute by conciliation; (b) give directions to either or both parties; (c) determine that the vegetation clearance scheme is to be modified in a specified way. (4) The provisions of Subdivision 2 apply (with necessary or prescribed modifications) to proceedings under this section in the same way as to proceedings for determination of a vegetation clearance scheme dispute. Division 3—Miscellaneous 56—Role of councils in relation to vegetation clearance not within prescribed areas (1) An electricity entity may make an arrangement with a council conferring on the council a specified role in relation to vegetation clearance around public powerlines that are not within a prescribed area. (2) The arrangement— (a) must be in writing and executed by the electricity entity and the council; and (b) may contain a delegation by the electricity entity of a function or power under this Part; and (c) may require that the electricity entity be indemnified for any liability arising from an act or omission of the council under a delegation; and (d) may provide for the termination of the arrangement by the electricity entity or the council; and (e) may provide for the variation of the arrangement by the electricity entity and the council. (3) A delegation by the electricity entity for the purposes of the arrangement— (a) may be subject to conditions specified in the arrangement; and (b) may be varied or revoked by the electricity entity in accordance with the terms of the arrangement; and (c) does not prevent the electricity entity from acting in any matter. 57—Power to enter for vegetation clearance purposes (1) An electricity officer for an electricity entity or council officer may, at any reasonable time, enter and remain on land to carry out vegetation clearance work that the entity or council is required or authorised to carry out under this Part. (2) Subject to this section, if an electricity officer or council officer seeks to enter land under this section, the officer must give not less than 30 days written notice (or such lesser period of notice as is agreed to by the occupier) to the occupier of the land— (a) stating the reason and the date and time of the proposed entry; and (b) stating the nature of the clearance work to be carried out; and (c) otherwise complying with the requirements of the regulations. (2a) Subsection (2) does not apply if the clearance work to be carried out is subject to a vegetation clearance scheme. (3) If the proposed entry is refused or obstructed, an electricity officer or council officer may obtain a warrant under Part 9 to enter the land. (4) In an emergency, an electricity officer or council officer may exercise a power of entry under 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. (5) When an electricity officer or council officer enters land under this section, the officer— (a) may be accompanied by such assistants as the officer considers necessary or appropriate; and (b) may take any vehicles or equipment the officer considers necessary or appropriate for the functions the officer is to carry out on the land. (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) When entering a place under a warrant or by force in an emergency, a council officer may be accompanied by a member of the police force. 58—Regulations in respect of vegetation clearance (1) The Governor may, after consulting with the Minister responsible for the administration of the Environment Protection Act 1993, make regulations dealing with the clearance of vegetation from, or the planting or nurturing of vegetation near, public or private powerlines. (2) Without limiting the generality of subsection (1), the regulations may— (a) authorise the making of agreements between electricity entities and occupiers of land with respect to vegetation clearance work around powerlines on, above or under the land; and (b) provide to owners or occupiers of land a right to object to a Minister or other specified person or body against proposed vegetation clearance work by electricity entities or councils around powerlines on, above or under the land, and provide for the consideration and determination of such objections; and (c) provide for a process under which vegetation clearance schemes with respect to public powerlines within council areas but not within the prescribed areas are negotiated, from time to time, between electricity entities and councils; and (d) provide for the granting of exemptions from the principles of vegetation clearance; and (e) make provisions of a savings or transitional nature; and (f) fix a penalty not exceeding $5 000 for contravention of a regulation.