234Damage to unnotified utility infrastructure

234 Damage to unnotified utility infrastructure

(1) This section applies if a project authority causes damage to unnotified utility infrastructure during the course of carrying out works for the development of the approved project (the damaged infrastructure).

S. 234(2) amended by No. 43/2021 s. 217(13).

(2) If the project authority cannot identify the utility that owns, operates or controls the damaged infrastructure, the project authority must give written notice to all utilities as soon as possible of the damage.

S. 234(3) amended by No. 43/2021 s. 217(13).

(3) If the project authority has identified the utility that owns, operates or controls the damaged infrastructure, the project authority must give written notice to the utility as soon as possible of the damage.

(4) The project authority—

(a) must repair the damage caused to the utility infrastructure by the carrying out of the works; and

(b) may protect, relocate or remove the utility infrastructure.

(5) The project authority is liable to the utility for all direct losses suffered by the utility as a result of the damage caused to the utility infrastructure by the carrying out of the work.

(6) The project authority is not liable to any other person for any loss or damage that the person suffers as a result of the carrying out of works for the development of the approved project that damages the utility infrastructure and—

(a) causes an interruption to any service provided by the utility by means of the infrastructure; or

(b) prevents the utility from being able to provide a service by means of the infrastructure.

(7) The utility is liable to the project authority for all costs incurred by the project authority as a result of a delay in the carrying out of works in order to repair, protect, relocate or remove the damaged infrastructure—

(b) on the basis that the project authority makes all reasonable efforts to mitigate its loss.

(8) If the damage results in an emergency situation—

(a) the project authority must take all steps that are reasonable in the circumstances to end the emergency; and

S. 234(8)(b) amended by No. 93/2009 s. 43(11).

(b) the utility is liable for the costs incurred by the project authority in taking those reasonable steps.

Part 8—Assessment committees

Division 1—Establishment of assessment committees

235 Establishment of assessment committees

The Planning Minister, by written instrument, may establish one or more assessment committees for the purpose of—