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 Part 8A; or