Power to carry out work on public land
57 Power to carry out work on public land
(1) Subject to this section and the Planning Act 1999, an electricity entity may:
install electricity infrastructure on public land;
(b) operate, maintain, repair, alter, add to, remove or replace electricity infrastructure on public land; or
(c) carry out other work on public land relating to the generation and supply of electricity.
Without limiting subsection (1), the electricity entity may:
erect powerlines on public land; and
excavate public land and install underground cables.
Subject to this section, an electricity entity must:
(a) give the authority responsible for managing public land not less than 7 days' notice of the entity's intention to carry out work on the land; and
secure the authority's agreement to the carrying out of the work.
(4) An agreement under this section may contain conditions the authority responsible for managing the land considers appropriate in the public interest.
(5) If a dispute arises between an electricity entity and an authority about whether work should be permitted under this section or about the conditions on which work should be permitted, either party to the dispute may refer the dispute to the Minister.
(6) Subsection (5) does not apply to a dispute if the authority responsible for managing the public land is a Minister or a person or body to whom directions may be given by a Minister in relation to the matter in dispute.
(7) If a dispute is referred to the Minister under this section, the Minister must:
(a) allow the parties to the dispute the opportunity to make representations to the Minister on the questions at issue in the dispute; and
(b) make a reasonable attempt to get the parties to agree to settlement of the dispute on agreed terms.
(8) If the Minister cannot get the parties to agree, the Minister may make:
an order that the work is or is not permitted on the land; or
(b) if the Minister orders that the work is permitted – an order fixing the conditions on which the work is permitted.
(9) An electricity entity must make good any damage caused by the exercise of powers under this section as soon as practicable or pay reasonable compensation for the damage.
(10) An electricity entity may only act under this section in relation to public land in a way that interferes with the continued enjoyment or exercise of rights deriving from native title in the land by agreement with the Minister (on behalf of the Territory) and the native title holders in the land.
(11) This section does not derogate from the obligation to comply with the provisions of any other Act.
In this section:
native title and native title holder have the same meaning as in section 223 and 224 (respectively) of the Native Title Act 1993 of the Commonwealth.
public land means land owned by the Territory or an instrumentality or agent of the Territory or by a local government council and includes public land that is subject to native title.
This Act’s bill:Second reading speech
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