Determinations
55D Determinations
The
Technical Regulator may, on application under this Subdivision, determine—
in the case of a dispute about a proposal for a vegetation clearance scheme—the terms of the scheme;
in the case of a dispute about a proposal for modification of a vegetation clearance scheme—whether or not the scheme is to be modified and, if it is to be modified, the terms of the modification.
The
Technical Regulator may not, in determining a scheme or modification of a scheme, confer on a council the duty to keep vegetation clear of public powerlines except—
with the council's consent; or
in a case where the Technical Regulator is satisfied that it is appropriate to do so in view of significant failure by the council or the electricity entity to carry out properly, or at all, vegetation clearance work in relation to powerlines in the area and in view of the reasons for the failure.
The
Technical Regulator may confer a duty on a council in accordance with subsection (2) only in respect of particular powerlines in respect of which the
Technical Regulator is satisfied the conferral of the duty is appropriate.
If the Technical Regulator proposes to confer on a council a duty to keep vegetation clear of public powerlines in circumstances in which there has been failure by the electricity entity to carry out properly, or at all, vegetation clearance work in relation to those powerlines, the Technical Regulator must consider whether the council should be given an indemnity for any liability arising from the entity's failure or whether the conferral of the duty should be postponed for a period designed to allow any necessary work to be carried out.
The
Technical Regulator may—
stipulate that a scheme or modification of a scheme is to have effect at a specified future time;
stipulate that parts of a scheme or modification of a scheme have effect at different future times.
A scheme or modification of a scheme determined by the Technical
Regulator under this Division has effect according to its terms and need not be executed by the parties.
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