Power to carry out work on public land
47 Power to carry out work on public land
Subject to this section, an electricity entity may—
install electricity infrastructure on public land; or
operate, maintain, repair, alter, add to, remove or replace electricity infrastructure on public land; or
carry out other work on public land for the generation, transmission, distribution or supply of electricity.
Without limiting subsection (1), the electricity entity may—
erect powerlines on public land;
excavate public land and install underground cables.
This section does not apply to work of a kind that may be carried out under the statutory easement under Schedule 1 of the Electricity
Corporations (Restructuring and Disposal) Act 1999.
Subject to this section, an electricity entity must—
give the authority responsible for the management of public land not less than seven 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.
An agreement under this section may contain conditions the authority responsible for management of the land considers appropriate in the public interest.
Prior notice and agreement are not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection.
Agreement is not required under subsection (3) for work of a kind prescribed by regulation for the purposes of this subsection.
If a dispute arises between an electricity entity and the authority responsible for managing public land about whether work should be permitted under this section on the land or about the conditions on which work should be permitted on public land, either party to the dispute may refer the dispute to the Minister.
Subsection (7) does not apply to a dispute where 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.
If a dispute is referred to the Minister under this section, the
Minister must—
allow the parties to the dispute the opportunity to make representations to the Minister on the questions at issue in the dispute; and
make a reasonable attempt to get the parties to agree to settlement of the dispute on agreed terms.
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;
if the Minister orders that the work is permitted, an order fixing the conditions on which the work is permitted, as the Minister thinks fit.
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.
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 State) and the holders of native title in the land.
This section does not derogate from the obligation to comply with the provisions of any other Act.
In this section—
native title and holder of native title have the same meanings as in the Native
Title (South Australia) Act 1994;
public land means land owned by the Crown or an instrumentality or agent of the
Crown or by a council or other local government body, including any such land that is subject to native title.
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