South Australian Current Acts South Australian Current Acts217—Power to order owner of infrastructure on road to carry out
specified maintenance or repair work
(1) A council may, by
order in writing to the owner of a structure or equipment (including pipes,
wires, cables, fittings and other objects) installed in, on, across, under or
over a road, require the owner—
(a) to
carry out specified work by way of maintenance or repair; or
(b) to
move the structure or equipment in order to allow the council to carry out
roadwork.
(2) If the order is
not complied with within a reasonable time fixed in the order—
(a) the
council may itself take the action required by the order and recover the cost
of doing so as a debt from the owner; and
(b) the
owner is guilty of an offence and liable to a penalty not exceeding
$5 000.
(3)
Subsection (1) and (2) do not apply to the owner of electricity
infrastructure, public lighting infrastructure or gas infrastructure if the
Commission has determined, on application by the owner, that there are
reasonable grounds for not requiring the owner to take the action specified in
the order.
(4) In this
section—
"Commission" means the Essential Services Commission established under the
Essential Services Commission Act 2002 ;
"electricity infrastructure" has the same meaning as in the
Electricity Act 1996 ;
"gas infrastructure" has the same meaning as in the Gas Act 1997 , but
does not include a transmission pipeline within the meaning of the Petroleum
Act 2000 ;
"owner" of a structure or equipment includes a lessee or licensee;
"public lighting infrastructure" has the same meaning as in the
Electricity Corporations (Restructuring and Disposal) Act 1999 .