Electricity Supply Act 1995

This section applies if a network operator has reasonable cause to believe that the carrying out or proposed carrying out of excavation work in, on or near its electricity works—

could destroy, damage or interfere with those works, or

could make those works become a potential cause of bush fire or a potential risk to public safety.

In those circumstances, a network operator may serve a written notice on the person carrying out or proposing to carry out the excavation work requiring the person—

to modify the excavation work, or

not to carry out the excavation work, but only if the network operator is of the opinion that modifying the excavation work will not be effective in preventing the destruction or damage of, or interference with, the electricity works concerned or in preventing those works becoming a potential cause of bush fire or a potential risk to public safety.

A notice under subsection (2) must specify the excavation work that is to be modified or not carried out.

A network operator may recover the following costs in a court of competent jurisdiction as a debt owed to it by a person who carried out excavation work the subject of a notice under subsection (2)—

the costs incurred in replacing any of the network operator’s electricity works destroyed by the excavation work,

the costs incurred in repairing any damage to the network operator’s electricity works caused by the excavation work,

the costs incurred in remedying or mitigating any interference with the network operator’s electricity works caused by the excavation work.

A network operator may apply for an injunction to prevent the carrying out of excavation work in, on or near its electricity works.

A network operator may take action under this section even if the person carrying out the excavation work owns or occupies the land in, on or over which the network operator’s electricity works are situated.