11 Rights of access to existing electricity network
(1) In this section –
existing electricity infrastructure means –
(a) electricity infrastructure that existed on, over or under land immediately before 6 November 1996, as repaired, modified and added to from time to time; and
(b) electricity infrastructure that has replaced electricity infrastructure referred to in paragraph (a) , or subsequent replacement electricity infrastructure, as repaired, modified and added to from time to time;
subject land means land in respect of which each of the following conditions is met:
(a) an electricity entity does not own the land;
(b) the electricity entity does not have in force in respect of the land a wayleave or an easement relating to existing electricity infrastructure;
(c) the electricity entity needs, or is likely to need, to be able to enter and remain on the land for one or more of the following purposes:
(i) to examine, operate, maintain, repair, modify, add to, remove or replace existing electricity infrastructure;
(ii) to fence or place protective structures around existing electricity infrastructure or to examine, operate, maintain, repair, modify, add to, remove or replace fences or protective structures around existing electricity infrastructure;
(iii) to clear the powerline corridor or safety and operational area in respect of existing electricity infrastructure that consists of or includes a powerline of vegetation, structures and objects that could interfere with the proper operation of the powerline.
(2) An electricity entity holds an easement over subject land.
(3) The easement under subsection (2) entitles the electricity entity to –
(a) maintain its existing electricity infrastructure on, above or under the subject land; and
(b) enter and remain on the subject land, at any reasonable time and with any necessary vehicles and equipment, for any one or more of the following purposes:
(i) examining, operating, maintaining, repairing, modifying, adding to or replacing existing electricity infrastructure;
(ii) fencing or placing protective structures around existing electricity infrastructure or examining, maintaining, repairing, modifying, adding to or replacing fences or protective structures around existing electricity infrastructure;
(iii) if the electricity infrastructure consists of a powerline, clearing the powerline corridor or safety and operational area of vegetation, structures and objects that could interfere with the proper operation of the powerline.
(4) If it is necessary for the purpose of gaining access to subject land for the electricity entity to enter and pass over adjoining or other land, the entity holds an easement over that adjoining or other land which entitles the entity to enter and pass over the adjoining or other land, with vehicles and equipment, for that purpose.
(5) The powers conferred by an easement under this section may be exercised by agents, contractors and employees authorised by the electricity entity to act on the entity's behalf.
(6) The powers conferred by an easement under this section must be exercised, so far as is reasonably practicable, in a manner that minimises interference with the enjoyment of the land subject to the easement by persons lawfully occupying it.
(7) The exercise of the powers conferred by an easement under this section may be limited by the Code and is subject to compliance with the Code by the person exercising those powers.
(8) Before a person enters land to exercise powers conferred by an easement under this section, the electricity entity must, if practicable, give reasonable notice of the proposed exercise of powers to the persons lawfully occupying the land.
(9) An electricity entity is liable to –
(a) make good any damage caused by the exercise of powers under an easement under this section as soon as practicable; or
(b) pay reasonable compensation for the damage.
(10) If a dispute arises between a person lawfully occupying land and an electricity entity in respect of the exercise of powers under an easement under this section or the obligations of either party arising from the exercise of those powers, the dispute may be resolved under the Electricity Ombudsman Act 1998 .
(11) Subsection (10) does not limit the right of a person to any other remedy available in respect of the dispute.
(12) If a notable interest in respect of existing electricity infrastructure on, over or under subject land is noted on a folio of the Register or a note of such a notable interest is registered under the Registration of Deeds Act 1935 and the existing electricity infrastructure –
(a) has been destroyed but the electricity entity intends to replace it; or
(b) has been removed from land for the purpose of repairing, modifying, adding to or replacing it –
this section applies, for the period of 5 years after the destruction or removal, as if the existing electricity infrastructure had continued to exist and the electricity entity needed to repair, modify, add to or replace it or keep clear its powerline corridor or safety and operational area.
(a) a note of a notable interest is registered under the Registration of Deeds Act 1935 if it has been so registered and no note of the cessation of the notable interest has also been so registered; and
(b) the reference to the note of a notable interest registered under the Registration of Deeds Act 1935 is a reference to that note together with any note of the variation of the notable interest also registered under that Act.