Section 44
Cable detection work to be carried out before earthworks
(1)
Subject to subsection (2), no person other than an electricity licensee shall commence or carry out, or cause or permit the commencement or carrying out of, any earthworks within the vicinity of any low voltage electricity cable which belongs to or which is under the management or control of an electricity licensee unless the person has caused cable detection work to be carried out by a licensed cable detection worker.
(2)
Nothing in subsection (1) shall prohibit a person from comm&cing 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 the person shall, not more than 7 days after the earthworks have been commenced or carried out, give to the electricity licensee notice in writing stating the nature and extent of those earthworks.
(3)
No person other than a licensed cable detection worker or an electricity licensee shall commence or carry out any cable detection work
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within the vicinity of any low voltage electricity cable belonging to or under the management or control of the licensee where such cable detection work is commenced or carried out in connection or combination with or in relation to any earthworks carried out or to be carried out.
(4)
Any person who contravenes subsection (1) or (3) is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 12 months or both.
Carrying out of earthworks within vicinity of high voltage electricity cable 45.
(1)
Subject to this section, no person other than an 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 an electricity licensee unless the person -
(a)
has given to the electricity licensee not less than 7 days notice in writing of the date on which it is proposed to commence the earthworks;
(b)
has obtained from the electricity licensee the necessary information on the location of such high voltage electricity cable and has consulted the 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
(c)
has caused cable detection work to be 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 an electricity licensee.
(3)
The Authority may, if it thinks fit, modify the period for which a notice under subsection (l)(a) is to be given to an electricity licensee.
(4)
It shall be the duty of the person who carries out any earthworks referred to in subsection ( 1 ) to -
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(a)
comply with all reasonable requirements of the electricity licensee for the prevention of damage to the high voltage electricity cable;
(b)
ensure that reasonable precautions are taken when carrying out such earthworks to prevent any damage to the high voltage electricity cable; and
(c)
allow the 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 electricity licensee to whom a notice under subsection (l)(u) has been given to -
(a)
promptly inform the person who has given him the notice of the location of the high voltage electricity cable and to provide the person with any other information as may be necessary to enable him to ascertain the exact location of the high voltage electricity cable;
(b)
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
(c)
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 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 the person shall, not more than 7 days after the earthworks have been commenced or carried out, give to the electricity licensee notice in writing stating the nature and extent of those earthworks.
(7)
Any person who contravenes subsection (1) or (4) is guilty of an offence and liable on conviction to a fine not exceeding $100,000,
-
imprisonment for a term not exceeding 5 years or both.
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(8)
Any person who contravenes subsection (2) is guilty of an offence and liable on conviction to a fine not exceeding $10,000. imprisonment for a term not exceeding 12 months or both.
(9)
Subject to subsection (lo), in any proceedings for an offence under subsection (7), it shall be a defence for the person charged to prove that -
(a)
he took all reasonable steps to discharge his duty under subsection (I) or (4), as the case may be; or
(b)
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 an electricity licensee, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within 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.
Powers of Authority in relation to cable detection work 46.
(1)
The Authority may -
(a)
grant a cable detection work licence permitting a person to perform such cable detection work as is specified in the licence and suspend, cancel, alter, extend, renew or replace any such licence;
(b)
classify any cable detection work licence in such manner as it may determine;
(c)
specify the nature of the cable detection work in respect of which a cable detection work licence is granted and restrict such work to any type or class of cable detection work;
(d)
specify the circumstances or manner in which licensed cabIe detection workers may perform or carry out cable detection work;
(e)
impose any terms, conditions or restrictions on any cable detection work licence;
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@ require any electricity licensee to conduct approved courses of training, including refresher courses. and provide for examinations for cable detection workers; and
(g)
keep a register of licensed cable detection workers.
(2)
No person other than a licensed cable detection worker shall be entitled to recover in any court any charge, fee or remuneration for any cable detection work carried out by the person.
Licensing of electrical worker 47.
(1)
Subject to subsection (2), no person shall -
(a)
carry out or caused to be carried out any electrical work, unless he holds a valid electrical worker licence;
(b)
advertise or otherwise holds himself out as an electrical worker, or as a licensed electrical worker, or as a person competent or qualified by any written law to perform or carry out electrical work, unless he holds a valid electrical worker licence; or
(c)
engage knowingly any person who is not a licensed electrical worker to carry out any electrical work.
(2)
The Authority may -
(a)
issue an electrical worker licence permitting a person to carry out such electrical work as is specified in the licence and suspend, cancel, alter, extend, renew or replace any such licence;
(b)
classify any electrical worker licence in such manner as it may determine;
(c)
specify the nature of the electrical work in respect of which an electrical worker licence is issued and restrict such work to any type or class of electrical work or any type or class of electrical installation;
(d)
specify the circumstances or manner in which licensed electrical workers may carry out electrical work; or
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(e)
attach any exemption to or impose any condition on any electrical worker licence.
(3)
Any person who contravenes subsection (1) is guilty of an offence.
(4)
Notwithstanding any provision in this section, but subject to any other written law, it shall not be unlawful for -
a
(a)
a person to replace any lamp that is connected in his own electrical installation;
(b)
a person to replace any fuse in his own electrical installation similar to that of a household;
(c)
an officer or employee of the Authority to carry out personally any electrical work in the course of his employment or in the discharge of his duties as such officer or employee;
(d)
the Authority to do any act or thing on or in connection with its own electrical installation;
(e)
a person, other than an electrical worker, whose trade or occupation normally includes the performance of work on any appliance, plant or machinery driven, or operated by, or incorporating any electrical installation, to carry out that work in the normal course of his trade or occupation or for purposes incidental thereto, so long as he does not carry out work on any part or circuit which is, or may be, connected to a source of electricity supply; and 03 a trained person to carry out any work in accordance with the written instructions of the licensed electrical worker in charge of the
-
relevant electrical installation.
(5)
In subsection (4)(13, a "trained person" means any employee who is -
(a)
recognised by his employer and the licensed electrical worker in charge of the relevant electrical installation to have the necessary knowledge and experience to avoid danger; and
(b)
capable of carrying out the work specified in the written instructions of the licensed electrical worker.
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