Example A person who is required to keep a tree clear of an electric line under section 86 of the Electricity Safety Act 1998 is not required to obtain written consent from VicRoads to carry out that requirement although the person is conducting works. (b) the person is a public body and has obtained a consent under section 99(1) or 99(4) of the Link Act 1995; or (ba) the person is a Utility within the meaning of S. 63(2)(ba) inserted by section 3(1) of the EastLink Project Act No. 39/2004 s. 268, 2004 and is acting in accordance with— amended by No. 17/2009 s. 12(12). (i) an approved Utility agreement within S. 63(2)(ba)(i) amended by the meaning of the EastLink Project No. 95/2005 Act 2004; or s. 13(2)(b). S. 63(2)(ba)(ii) (ii) a determination under Division 8 of amended by Part 8 of the EastLink Project Act No. 95/2005 or s. 13(2)(b). 2004; S. 63(2)(ba)(iii) (iii) a direction under section 165, 166, 173, amended by 174 or 175 of the EastLink Project No. 95/2005 s. 13(2)(b). Act 2004; or (c) an exemption under section 23 applies; or (d) an exemption in accordance with the regulations applies; or (e) the works are conducted in an emergency by, or with the authority of, the relevant infrastructure manager. Examples Subsection (1) will not apply if the works are conducted by a utility in relation to an emergency. Subsection (1) will not apply if the works are conducted in the exercise of emergency powers under the Emergency Management Act 1986.
Example A person who is required to keep a tree clear of an electric line under section 86 of the Electricity Safety Act 1998 is not required to obtain written consent from VicRoads to carry out that requirement although the person is conducting works. (b) the person is a public body and has obtained a consent under section 99(1) or 99(4) of the Link Act 1995; or S. 63(2)(ba) inserted by No. 39/2004 s. 268, amended by No. 17/2009 s. 12(12). (ba) the person is a Utility within the meaning of section 3(1) of the EastLink Project Act 2004 and is acting in accordance with— S. 63(2)(ba)(i) amended by No. 95/2005 s. 13(2)(b). (i) an approved Utility agreement within the meaning of the EastLink Project Act 2004; or S. 63(2)(ba)(ii) amended by No. 95/2005 s. 13(2)(b). (ii) a determination under Division 8 of Part 8 of the EastLink Project Act 2004; or S. 63(2)(ba)(iii) amended by No. 95/2005 s. 13(2)(b). (iii) a direction under section 165, 166, 173, 174 or 175 of the EastLink Project Act 2004; or (c) an exemption under section 23 applies; or (d) an exemption in accordance with the regulations applies; or (e) the works are conducted in an emergency by, or with the authority of, the relevant infrastructure manager. Examples Subsection (1) will not apply if the works are conducted by a utility in relation to an emergency. Subsection (1) will not apply if the works are conducted in the exercise of emergency powers under the Emergency Management Act 1986.
04-12a040.docx