Electricity companies will be able to enter private property to remove fire hazards and bill the homeowners, under legal changes designed to prevent a repeat of the destructive Blue Mountains bushfires.
"The fires last year identified that existing measures in place to minimise the risks of bushfires started by electricity infrastructure, quite frankly, are not sufficient," Energy Minister Anthony Roberts said.
A $200 million class action against Endeavour Energy involving 400 Blue Mountains residents is before the Supreme Court, amid allegations the company failed to ensure a dangerous tree on Linksview Road in Springwood was removed.
Endeavour had served a notice to tenants at the property earlier in the year to prune the tree, which other residents allege sparked the bushfire.
The company denies it is responsible, claiming the law does not impose an obligation on electricity companies to clear trees interfering with power wires on private land.
Proposed changes to the law introduced to the NSW Parliament will give a clear time limit of 60 days for a hazard to be removed from privately owned power lines.
Energy companies will issue a notice to tenants or owners detailing the exact work to be carried out. Property owners will have 30 days to respond and can choose to organise for the work to be done or have the electricity supply disconnected. If the property owner fails to respond, the electricity company can enter the property and undertake work to make the electricity assets safe.
The government believed electricity companies should not bear the cost of bushfire hazard reduction work on private electricity assets, because the expense would be passed on to consumers across the state, Mr Roberts said.
"The amendments require network operators to have in place a financial hardship policy for people who have difficulty paying the cost," he said. "This means the safety of the landholder, the community and property is not compromised by financial considerations."
The notice will include the contact details for the Electricity and Water Ombudsman, to handle complaints. The property owners, not the tenants, will be liable for the charges.
Blue Mountains MP, Roza Sage, said: "The new system will enable action to be taken quickly and efficiently to remove bushfire threats associated with electricity assets on private property, irrespective of who owns the asset.
"The proposed changes are further proof the NSW Government is serious about protecting fire-prone communities like the Blue Mountains from devastating bushfires.
"We are committed to ensuring no stone is left unturned when it comes to preventing these fires being sparked in the first place."
The class action will return to the Supreme Court for a directions hearing on October 31. The case alleges the company had a duty of care to ensure the network was safe and failed to remove or trim the tree on Linksview Road at its own expense, allowed in an emergency under the present law. The case claims the fire was caused by a large gum falling on to a service cable on October 17.