sec.18Notice to be given to public entity

sec.18 Notice to be given to public entity

This section applies if an electricity entity intends to take action mentioned in subsection (2) in a publicly controlled place unless— the action is an action authorised under sections 140 to 141 of the Act ; and the entity complies with the section in relation to the entry to the place and the taking of the action. The action is— opening or breaking up the soil or pavement of the place; or clearing, lopping or pruning a tree or other vegetation growing in or over the place, other than for routine maintenance; or opening or breaking up a sewer, drain or tunnel in or under the place; or temporarily stopping or diverting traffic on or from the place; or building a drain, excavation, subway or tunnel in or under the place. The electricity entity must give at least 14 days written or oral notice of its intention to the public entity that has control of the publicly controlled place unless the notice is given in accordance with another period of notice agreed between the entities. However, subsection (5) applies if, in the electricity entity’s opinion, there is an emergency in which— there is an actual or a potential danger to persons or property; or the supply of electricity to a customer has been interrupted. If this subsection applies, the electricity entity may act under section 101 of the Act to remedy a defect, eliminate an actual or potential danger or restore the supply of electricity to a customer, without first giving the notice under subsection (3) . If the electricity entity acts under subsection (5) , it must give the notice mentioned in subsection (3) as soon as practicable. s 18 amd 2009 SL No. 172 s 4 (sec.18-ssec.1) This section applies if an electricity entity intends to take action mentioned in subsection (2) in a publicly controlled place unless— the action is an action authorised under sections 140 to 141 of the Act ; and the entity complies with the section in relation to the entry to the place and the taking of the action. (sec.18-ssec.2) The action is— opening or breaking up the soil or pavement of the place; or clearing, lopping or pruning a tree or other vegetation growing in or over the place, other than for routine maintenance; or opening or breaking up a sewer, drain or tunnel in or under the place; or temporarily stopping or diverting traffic on or from the place; or building a drain, excavation, subway or tunnel in or under the place. (sec.18-ssec.3) The electricity entity must give at least 14 days written or oral notice of its intention to the public entity that has control of the publicly controlled place unless the notice is given in accordance with another period of notice agreed between the entities. (sec.18-ssec.4) However, subsection (5) applies if, in the electricity entity’s opinion, there is an emergency in which— there is an actual or a potential danger to persons or property; or the supply of electricity to a customer has been interrupted. (sec.18-ssec.5) If this subsection applies, the electricity entity may act under section 101 of the Act to remedy a defect, eliminate an actual or potential danger or restore the supply of electricity to a customer, without first giving the notice under subsection (3) . (sec.18-ssec.6) If the electricity entity acts under subsection (5) , it must give the notice mentioned in subsection (3) as soon as practicable.