93Powers as to works etc.

93 Powers as to works etc. S. 93(1) amended by No. 38/2025 ss 68(1)(a), 73(1)(a). (1) For the purposes of this Act, an electricity corporation, subject to this Act— (a) may enter upon any lands and sink bores and make surveys and do any other acts or things necessary for sinking bores or making surveys; and S. 93(1)(b) amended by No. 38/2025 ss 68(1)(b), 73(1)(a). (b) may, with any equipment or devices, receive, store, transmit, or supply electricity, water, brown coal or products of brown coal over, or under, any land and may enter on any land upon either side of such equipment and fell or remove any tree or part of a tree or any obstruction which in the opinion of the electricity corporation it is necessary to fell or remove; and (c) subject to the **Water Act 1989**, may divert water from any waterway, lake, lagoon, swamp or marsh, or alter the bed, course or channel of any waterway; and S. 93(1)(d) amended by No. 12/2004 s. 170(1). (d) subject to the **Road Management Act 2004**, may enter upon any public or private land or roads and construct any works or place on under or over any such land or road any structure or equipment and may repair, alter or remove any such structure or equipment or any works under its control; and S. 93(1)(e) amended by No. 38/2025 ss 68(1)(c), 73(1)(b). (e) may do all other things necessary or convenient for constructing, maintaining, altering, or using any works or undertakings of, or under the control of, the electricity corporation. (2) In the exercise of the powers under subsection (1), an electricity corporation must do as little damage as may be and, must, if required within 2 years from the exercise of the powers, make full compensation to the owner of and all parties interested in any land for any damage sustained by them in consequence of the exercise of the powers. S. 93(2A) inserted by No. 38/2025 s. 68(2), repealed by No. 38/2025 s. 73(2). S. 93(3) amended by No. 38/2025 ss 68(3), 73(3). (3) Compensation under subsection (2) shall be either a gross sum or a yearly rent as may be agreed and, in default of agreement, shall be determined in the manner provided in the **Land Acquisition and Compensation Act 1986**. (4) An electricity corporation may exercise its powers under this section by its officers or employees or by any other person authorised in writing by it or by the officers or employees of any such person. (5) This section applies— (a) to a distribution company, transmission company and a generation company holding a licence under Part 2; and (b) to the holder of any other licence under Part 2 as if a reference in this section to an electricity corporation included a reference to the holder— and so applies— (c) subject to the conditions of the licence in relation to the exercise of powers under this section; and S. 93(5)(d) amended by No. 62/2001 s. 70(k), substituted by No. 41/2021 s. 51(1), amended by No. 38/2025 s. 64(1). (d) subject to any provision of a Code of Practice about the entry on land by a person referred to in paragraph (a) or (b) (except as provided for by subsection (5A). S. 93(5A) inserted by No. 38/2025 s. 64(2). (5A) For the purposes of subsection (5)(d), a provision of a Code of Practice about the entry on land is not to be taken to require notice of the entry to be given if— (a) the entry is to occur under, or in the company of a person entering under— (i) Subdivision 3; or (ii) an entry order; and (b) the following provision has been complied with— (i) for an entry under Subdivision 3—section 93BD; or (ii) for an entry under an entry order—section 93BM. S. 93(6) inserted by No. 12/2004 s. 170(2). (6) The entitlement to compensation under subsection (2) is not affected by— (a) anything to the contrary in the **Road Management Act 2004**; or (b) any right conferred by, or any obligation or duty imposed under, the **Road Management Act 2004**. S. 93(7) inserted by No. 12/2004 s. 170(2), substituted by No. 41/2021 s. 51(2). (7) A provision of a Code of Practice about the entry on land by a person referred to in subsection (5)(a) or (b) has no effect to the extent that it— (a) confers, or purports to confer, any right or power which is inconsistent with the **Road Management Act 2004**; or (b) imposes, or purports to impose, any obligation or duty which is inconsistent with the **Road Management Act 2004**. S. 93(8) inserted by No. 12/2004 s. 170(2), repealed by No. 41/2021 s. 51(2). S. 93A inserted by No. 9/2006 s. 157(2).