45Claims against the energy operator for the use of land and the application of the *Land Administration Act 1997*

##### 45. Claims against the energy operator for the use of land and the application of the *Land Administration Act 1997* (1) Subject to subsection (3), an energy operator shall not be liable to pay compensation for, or in respect of any damage attributable to, the placing of any works or other things to which section 43(1) applies or by virtue of the grant of the right of access deemed by that subsection to be vested in the energy operator. (2) No claim lies against an energy operator by reason of any loss of enjoyment or amenity value, or by reason of any change in the aesthetic environment, alleged to be occasioned by the placing of works of the energy operator on any land. (3) No claim lies against an energy operator by reason of the placing of any works of the energy operator upon, in, over or under any land, other than a claim — (a) pursuant to section 120; or (b) under Part 10 of the *Land Administration Act 1997*, as read with this section, where the energy operator — (i) is by this or any other Act required; or (ii) by reason of the nature of the works there placed, the nature of the locality in which the works are placed, the safeguarding of particular works, public safety, future development proposals, or otherwise, elects, to acquire the land or an estate or interest in the land. (4) Notwithstanding the powers conferred by sections 28(3)(c) and 46, an energy operator is, except where the land is land to which subsection (15) applies, required to acquire, where practicable by agreement but otherwise pursuant to Part 9 of the *Land Administration Act 1997*, as read with this section, such land, estate, or interest as may in the opinion of the energy operator be appropriate to its needs in respect of — (a) generating works; and (b) all electricity transmission works operating at 200 000 volts or above; and (c) all gas transmission works operating at 2 Megapascals or above; and (d) such other transmission works as may be prescribed by regulation under this Act as works to which this subsection shall apply. (4A) In subsection (4)(a) — generating works does not include a stand‑alone power system (as defined in the *Electricity Industry Act 2004* section 3(1)) that is being constructed, installed, operated or maintained — (a) in accordance with the regulations and the Code made under the *Electricity Industry Act 2004* Part 8 and the electricity system and market rules (as defined in the section 3(1) of that Act); or (b) by the Regional Power Corporation in accordance with the regulations, the Pilbara Networks Access Code and the Pilbara networks rules made under the *Electricity Industry Act 2004* Part 8A; or (c) by the Regional Power Corporation in accordance with its powers under the *Electricity Corporations Act 2005* and the regulations made under the *Electricity Industry Act 2004* Part 8A. (5) Where in the performance of its functions an energy operator determines that any land, or any estate or interest in land, is required to be acquired by the energy operator otherwise than by agreement the power to do so shall be exercised under and in accordance with, and any compensation payable by the energy operator in pursuance of such powers shall be assessed, determined and recovered under, Parts 9 and 10 of the *Land Administration Act 1997*, as read with this section. (6) A claim for compensation made under this section may only be made once, and where any land, estate, or interest is acquired by an energy operator no further claim in respect thereof shall lie against the energy operator notwithstanding any subsequent works of the energy operator affecting that land, estate or interest unless it is shown that the original claim paid did not take into account the nature of the damage subsequently occurring. (7) Any entry upon, or acquisition of, land authorised by or under this Act and any works carried out by an energy operator in the performance of its functions shall be deemed to be for the purposes of a public work within the meaning of the *Public Works Act 1902*, the energy operator shall be deemed to be a local authority within the meaning of that Act authorised to effect that acquisition under Part 9 of the *Land Administration Act 1997* or undertake that public work under the *Public Works Act 1902*, the date of first entry under this Act shall be regarded as the date of the taking of the land for the purposes of section 241(2)(c) of the *Land Administration Act 1997* in order to ascertain the value of the land, and that Act shall apply to and in respect thereto accordingly in so far as that Act is not inconsistent with this Act. [(8) deleted] (9) For the purposes of this Act, where an energy operator so requires the energy operator may exercise any power that is by the *Public Works Act 1902* or Parts 9 and 10 of the *Land Administration Act 1997* vested in the relevant Minister and in so far as that Act applies, or those Parts apply, to the compulsory taking of any land, or the entry on, occupation or use of any land, pursuant to this Act any reference in that Act or those Parts to the relevant Minister, or to the department of the Public Service principally assisting the relevant Minister in the administration of that Act or those Parts, may be read for the purposes of this Act as a reference to the energy operator and that Act or those Parts may be construed accordingly. (10) Subsection (9) does not prevent the relevant Minister from exercising the relevant Minister’s powers under the *Public Works Act 1902* or Parts 9 and 10 of the *Land Administration Act 1997* on behalf of an energy operator when requested by the energy operator to do so. (11) Where an energy operator fails to serve an offer on a claimant against the energy operator for compensation under Part 10 of the *Land Administration Act 1997*, within the time limited for that purpose by that Act, then the Minister administering that Act may at any time thereafter serve an offer on behalf of the energy operator, and such offer shall be deemed to be an offer duly made by the energy operator for the purposes of that Act. (12) A written objection served pursuant to section 175(1) of the *Land Administration Act 1997*, in relation to any proposed taking or resumption for the purposes of an energy operator may request — (a) that instead of the whole estate or interest in the land being acquired, such a lesser estate or interest as is sufficient for the purposes of the energy operator be acquired; or (b) that instead of an estate or interest less than the whole being acquired, the whole estate or interest in the land be acquired, and the Minister, after consultation with the energy operator, may direct that the proposed taking or resumption be varied accordingly. (13) Where any land is compulsorily acquired under Part 9 of the *Land Administration Act 1997*, for the purposes of an energy operator under this Act or any other Act that land shall, on the registration of the relevant taking order made under section 177 of that Act, be vested in the energy operator for the purpose of the public work for which the land is acquired, by force of section 179 of that Act as read with this subsection; save that the Minister administering that Act may, by that taking order, declare that any specified estate, interest, right or privilege of any person to the use, occupation or enjoyment of the land so acquired by the energy operator, or any specified part of that land, may continue for the period therein specified or until terminated by that Minister by a subsequent order under that Act, and may provide that such continued use, occupation or enjoyment shall not be taken to be in satisfaction or part satisfaction of the compensation claimed, and effect shall be given thereto. (14) Where, whether by agreement or compulsory acquisition, any land (including any estate or interest in land to which section 36 applies), is vested in an energy operator and the land thereby affected is taken by any other person, body or authority under or by virtue of Part 9 of the *Land Administration Act 1997*, then notwithstanding section 179 of that Act — (a) the land or the estate or interest vested in the energy operator shall continue to be so vested, unless the energy operator otherwise agrees; and (b) the energy operator shall be deemed to be a person having an interest in the land, estate or interest to be taken for the purposes of section 202 of that Act. (15) The requirement imposed by subsection (4) does not extend to land which is vested in, or is otherwise occupied or managed by or on behalf of, the Crown in right of the State, a government department, or a local government. (16) In subsections (9) and (10) — relevant Minister means the Minister administering the *Public Works Act 1902* or Parts 9 and 10 of the *Land Administration Act 1997*, as the case requires. [Section 45 amended: No. 24 of 1986 s. 21; No. 89 of 1994 s. 16, 39 and 41; No. 14 of 1996 s. 4; No. 31 of 1997 s. 26(9)‑(18) and 142; No. 58 of 1999 s. 80 and 83(1) and (3); No. 24 of 2000 s. 14(13); No. 33 of 2004 s. 42; No. 9 of 2020 s. 31(2); No. 1 of 2024 s. 52.]