49General powers relating to works

##### 49. General powers relating to works For the purposes of, and subject to this Act, an energy operator may exercise the power — (a) to enter upon any land which may be required to be used for the purposes of the energy operator and there make surveys, clear lines of sight, take levels, make or set up beacons, trenches or other marks, sink bores, take soil or other samples and do any other acts or things whatsoever necessary for the investigation or demarcation of such lands; and (b) to enter upon any land, and dig, fell, remove, store, or utilise any earth, stone, gravel, sand or other soil, timber or trees, or other material required for the purpose of the construction or maintenance of any part of any undertaking or works of the energy operator; and (c) to enter upon any land, premises, or thing and set up, lay down, establish, maintain, utilise, and operate, any supply system, or any undertaking or other related things necessary for the establishment or maintenance of any supply system, in, over, under, or through any such land, (including any shore of the sea or any stream or water) premises or thing, and at any time to inspect, service, maintain, replace, repair, or alter, or remove, any such system, undertaking or things; and for that purpose to — (i) break, excavate and remove any soil to the extent and depth required; and (ii) utilise water; and (iii) make or alter watercourses drainage, means of access and transit; and (iv) remove, reconstruct, or provide buildings, wharves, and other structures; and (v) remove or carry out any works; and (d) to cause any distribution works or service apparatus or related things to be supported by affixing or annexing them to or against any part of a house, building or other structure (subject to the condition that if the owner or occupier wishes to rebuild or alter that house, building or other structure, such of those works, apparatus, or things as are not so attached for the sole purpose of providing a supply of energy for the use of that owner or occupier shall at the cost of the energy operator be removed but may, if so required by the energy operator, be affixed to the new structure); and (e) to open, or alter the position of, any pipe, sewer, drain, tunnel, or other works within or under any land or premises and, subject to the energy operator taking all reasonable steps to notify the intention of the energy operator to the authority having the care or management thereof, and subject to section 51, to alter the position of any such works (not being works the property of the Australian Telecommunications Commission of the Commonwealth) or any other thing situate over or under any street; and (f) to do all such other things as may be necessary or convenient for constructing, maintaining, altering, repairing, or using any supply system, undertaking, or related works, and for any such purpose the energy operator may occupy any land or premises, and may remove, or erect a gate in, any fence (taking all reasonable steps to notify the owner and occupier of the land on which, or on the boundary of which, the fence is erected). [Section 49 amended: No. 89 of 1994 s. 39 and 41; No. 58 of 1999 s. 83(1) and (3).]