49Obstruction of electricity works

49 Obstruction of electricity works

49 Obstruction of electricity works

(1) This section applies if a network operator has reasonable cause to believe that any structure or thing situated in, on or near its electricity works—

(a) could destroy, damage or interfere with those works, or

(b) could make those works become a potential cause of bush fire or a potential risk to public safety.

(2) The network operator may serve a written notice on the person having control of the structure or thing requiring the person to—

(a) modify or remove the structure or thing, or

(b) do either of the following—

(i) modify or remove the structure or thing,

(ii) engage an accredited service provider to move the electricity works away from the structure or thing.

(2A) Work undertaken in accordance with a requirement in a notice served under subsection (2) is at the expense of the person served with the notice.

(2B) The network operator may, in an emergency, modify or remove the structure or thing itself, instead of serving a notice under subsection (2).

(3) A notice under subsection (2)—

(a) must specify the work to be carried out, and

(b) must specify a reasonable time within which the work is to be carried out.

(4) If the person fails to carry out the work in accordance with the requirement, the network operator may carry out the work itself.

(5) If the network operator carries out the work after issuing a notice under subsection (2), the costs of—

(a) carrying out the work, and

(b) repairing any damage done to the network operator’s electricity works by the structure or thing,

may be recovered by the network operator in a court of competent jurisdiction as a debt owed to it by the person.

(6) A network operator may apply for an injunction to prevent a structure or thing being placed in, on or near its electricity works.