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Electricity Reform Act 2000
57Power to carry out work on public land
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57 Power to carry out work on public land
(1) Subject to this section and the Planning Act 1999, an electricity
entity may:
(a) install electricity infrastructure on public land;
(b) operate, maintain, repair, alter, add to, remove or replace
electricity infrastructure on public land; or
(c) carry out other work on public land relating to the generation
and supply of electricity.
(2) Without limiting subsection (1), the electricity entity may:
(a) erect powerlines on public land; and
(b) excavate public land and install underground cables.
(3) Subject to this section, an electricity entity must:
(a) give the authority responsible for managing public land not
less than 7 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.
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(4) An agreement under this section may contain conditions the
authority responsible for managing the land considers appropriate
in the public interest.
(5) If a dispute arises between an electricity entity and an authority
about whether work should be permitted under this section or about
the conditions on which work should be permitted, either party to
the dispute may refer the dispute to the Minister.
(6) Subsection (5) does not apply to a dispute if 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.
(7) 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.
(8) 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; or
(b) if the Minister orders that the work is permitted – an order
fixing the conditions on which the work is permitted.
(9) 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.
(10) 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 Territory) and the native title
holders in the land.
(11) This section does not derogate from the obligation to comply with
the provisions of any other Act.
(12) In this section:
native title and native title holder have the same meaning as in
section 223 and 224 (respectively) of the Native Title Act 1993 of
the Commonwealth.
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public land means land owned by the Territory or an
instrumentality or agent of the Territory or by a local government
council and includes public land that is subject to native title.