Section 19
Works by electricity licensee
(1)
Subject to the provisions of this Act, a generation licensee.
transmission licensee or distribution licensee may, for any purpose connected with the carrying on of the activities authorised by or required under its electricity licence -
(a)
install under, over, in, on, along or across any land, premises, street or bridge and inspect, maintain, adjust, repair, alter, replace or remove -
(i)
any electric line or electrical plant;
(ii)
any structure for housing or covering any such line or plant; and
(iii)
any meter, switch and any other suitable and proper apparatus, for the purpose of leading off service lines and other distributing conductors or of examining, testing, measuring, directing or controlling the supply of electricity or of testing the conditions of the mains and other portions of the works; and
(b)
execute any work requisite for or incidental to the purposes of any work falling within paragraph (a), including for those purposes -
(i)
excavating any land, street or drain;
(ii)
tunnelling or boring under any land, street, sewer or drain;
(iii)
removing or using all earth and materials in or under any land, street, sewer or drain;
(iv)
erecting, placing or installing equipment, apparatus and other electrical plant in or under any land, building, street or bridge; and
(v)
erecting, placing or installing poles on any land or street.
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(2)
A licensee referred to in subsection (1) shall obtain the written approval of the Authority -
(a)
before issuing a notice under subsection (7); or
(b)
in the case of an emergency specified in subsection (7), before carrying out any work, if the work to be carried out under this section is in relation to any matter specified in subsection (l)(a)(i), (ii) or (iii) which is owned or operated by another electricity licensee.
(3)
The right of a licensee to carry out any work in accordance with this section shall have effect notwithstanding any agreement which prohibits the carrying out of the work.
(4)
All such works, including the upper surface or covering thereof, shall be constructed of such materials and maintained by the licensee referred to in subsection (1) in such manner as not to be a source of danger, whether by reason of inequality of surface or otherwise; and when such licensee lays any electric line that is liable to touch any main, pipe, line or other service, the conducting portion of the electric line shall be effectually insulated.
(5)
The licensee referred to in subsection (1) shall pay compensation to any person who suffers any damage or loss of value to his property as a result of any work performed by the licensee under subsection (1) of such amount as may be agreed between the licensee and the person, and such compensation may include an annual payment for the use of any land or immovable property for the licensee's purpose.
(6)
The licensee referred to in subsection (1) shall not acquire any right other than that of user only in respect of any land or property under, over, in, on, along or across which the licensee installs any electric line or electrical plant or executes any work under this section.
(7)
Except in the case of an emergency arising from any fault in any electric line or electrical plant, the licensee referred to in subsection (1) shall, before entering any land for the purpose specified in subsection (I), give 14 days' written notice to the owner or occupier of the land, stating as fully and accurately as possible the nature and extent of the work to be carried out.
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(8)
Subject to subsection (9). the owner or occupier of the land who is given a notice under subsection (7) shall comply with the notice and do all things necessary to facilitate the carrying out of the work specified in the notice.
(9)
The owner or occupier of the land may, within 14 days of the receipt of the notice referred to in subsection (7), lodge a written objection with the Authority and the Authority shall specify the date by which an inquiry into such objection shall be made.
(10)
If no objection is lodged within the period specified in subsection (9), the licensee may enter on the land and do all or any of the works specified in the notice.
(1 1) Where an objection lodged under subsection (9) is not withdrawn before the date fixed for an inquiry into the matter under that subsection, the
Authority shall hold an inquiry, giving each party an opportunity to be heard.
(12)
Upon the conclusion of the inquiry, the Authority may authorise, either unconditionally or subject to such conditions and stipulations as it thinks fit, the carrying out of any of the works specified in the notice given under subsection (7).
(13)
The decision of the Authority under subsections (2) and (12) shall be final.
(14)
The licensee referred to in subsection (1) shall do as little damage as possible in the exercise of the powers conferred by subsection (1) and shall, as soon as practicable, make good any damage done in the exercise of those powers.
(15)
Where any dispute arises as to whether a licensee referred to in subsection (1) has sufficiently made good any damage done in the exercise of the powers conferred by subsection (I), the dispute -
(a)
may be referred to the Authority by either party; and
(b)
on such a reference, shall be determined by the Authority whose decision shall be final and conclusive between the parties.
(16)
A licensee referred to in subsection (1) shall exercise the powers conferred by subsection (1) in such manner as will secure that nothing which
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it installs or keeps installed under, over, in. on, along or across any premises.
street or bridge becomes a source of danger to the public.
(17)
A licensee referred to in subsection (1) shall not, when exercising the powers conferred by subsection (I), be liable for or required to pay any person any fee, charge or expense for the right to enter or use any land or premises.
(18)
A licensee referred to in subsection ( I ) shall not, without the approval in writing of a Government authority or statutory authority, enter or use any land or premises belonging to the Government authority or statutory authority for the purpose of exercising the powers conferred by subsection (1).