Clause 9

Subject to this section, no person other than an employee of the Board or a public electricity licensee shall commence or carry out, or cause or permit the commencement or carrying out of, any earthworks within the vicinity of any high voltage electricity cable which belongs to or which is under the management or control of a public electricity licensee unless —

he has given to the public electricity licensee not less than 7 days’ notice in writing of the date on which it is proposed to commence the earthworks;

he has obtained from the public electricity licensee the necessary information on the location of such high voltage electricity cable and has consulted the public electricity licensee on the steps to be taken to prevent the high voltage electricity cable from damage while the earthworks are being carried out; and

he has caused cable detection work to be performed or carried out by a licensed cable detection worker in order to confirm the location of the high voltage electricity cable.(2) No person other than a licensed cable detection worker shall commence or carry out any cable detection work within the vicinity of any high voltage electricity cable which belongs to or which is under the management or control of a public electricity licensee.(3) The Board may, if it thinks fit, vary the period for which a notice under subsection (1)(a) is to be given to a public electricity licensee.(4) It shall be the duty of the person who carries out any earthworks referred to in subsection (1) —

to comply with all reasonable requirements of the public electricity licensee for the prevention of damage to the high voltage electricity cable;

to ensure that reasonable precautions are taken when carrying out such earthworks to prevent any damage to the high voltage electricity cable; and

to allow the public electricity licensee reasonable access to the work site for the purpose of inspecting or taking any necessary measures to protect the high voltage electricity cable.(5) It shall be the duty of the public electricity licensee to whom a notice under subsection (1)(a) has been given —

to promptly inform the person who has given him the notice of the location of the high voltage electricity cable and to provide such person with any other information as may be necessary to enable him to ascertain the exact location of the high voltage electricity cable;

to advise the person who has given him the notice on the precautions to be taken to prevent damage to the high voltage electricity cable; and

to take all such measures at the work site as may be reasonable and necessary for the protection of the high voltage electricity cable from damage and, in so doing, the public electricity licensee shall have regard to the potential risks and dangers that can arise from any damage to the high voltage electricity cable.(6) Nothing in subsection (1) shall prohibit a person from commencing or carrying out any earthworks where he has reasonable cause to believe that it is necessary to do so in the interest of public or private safety except that such person shall, not more that 7 days after the earthworks have been commenced or carried out, give to the public electricity licensee notice in writing stating the nature and extent of those earthworks.(7) Any person who contravenes or fails to comply with subsection (1) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.(8) Any person who contravenes or fails to comply with subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.(9) Subject to subsection (10), in any proceedings for an offence under subsection (7), it shall be a defence for the person charged to prove —

that he took all reasonable steps to discharge his duty under subsection (1) or (4), as the case may be; or

that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.(10) If in any proceedings for an offence under subsection (7) the defence involves acting on information supplied by a public electricity licensee or a licensed cable detection worker, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period of 14 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of the person who supplied him with the information.”.