Australian Capital Territory Numbered Acts

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UTILITIES (STREETLIGHT NETWORK) LEGISLATION AMENDMENT ACT 2017 (NO. 19 OF 2017) - SECT 15

New section 235A

235A     Notice to owner of structure—territory network operations

    (1)     This section applies to territory network operations on infrastructure owned by the Territory and installed in a structure not owned by the Territory, if the structure is on territory land.

    (2)     At least 7 days before beginning territory network operations, the Territory must give the owner of the structure written notice of the proposed operations.

Note     For how documents may be given, see the Legislation Act

, pt 19.5.

    (3)     The notice must—

        (a)     so far as practicable, state the following matters:

              (i)     the purpose of the operations;

              (ii)     the nature of the activities involved;

              (iii)     the structure to be accessed;

              (iv)     the period or periods during which the operations are expected to be carried out; and

        (b)     state the Territory's obligations under this part.

Note     The Territory's obligations include taking all reasonable steps to ensure that it causes as little inconvenience, detriment and damage as is practicable (see s 234), removing its property and waste (see s 239) and restoring the land (see s 240).

    (4)     The owner of the structure may, in writing, agree to a notice period of less than 7 days.

    (5)     However, there is no notice period for territory network operations carried out—

        (a)     in urgent circumstances in which it is necessary to protect—

              (i)     the integrity of a territory network or territory network facility; or

              (ii)     the health or safety of people; or

              (iii)     public or private property; or

              (iv)     the environment; or

        (b)     in accordance with an access agreement between the Territory and the owner of the structure, made under a streetlight network code.



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