Alteration of works

(1) A licence holder may execute works in pursuance of section 32 or section 34, notwithstanding that they involve a temporary or permanent alteration of any of the following, namelyworks. (a) any electric line or electrical plant under the control of another licence holder; (b) any gas pipe under the control of a public gas 38 (c) any relevant pipe under the control of a water undertaker, or a sewerage undertaker or any water pipe under the control of a person lawfully supplying water; CAP. 229. (d) any telecommunication apparatus used for the purpose of a telecommunication system which is operated by a person to whom the Telecommunications Act applies. (2) Where a licence holder is proposing to execute works which involve or are likely to involve any such alteration as is mentioned in sub-section (1)(a), (b) or (c), the following sub- sections of this section shall apply; and in those provisions “the relevant undertaker” means the other licence holder, the public gas supplier or the person lawfully supplying water in the exercise of statutory powers, as the case may be. (3) The licence holder shall, not less than one month before the works are commenced, give the relevant undertaker a notice, specifying the nature of the licence holder’s works, the alteration or likely alteration involved and the time and place at which the works will be commenced. (4) Sub-section (3) shall not apply in relation to any emergency works of which the licence holder gives the relevant undertaker notice as soon as practicable after commencing the works. (5) Where a notice has been given under sub-section (3) by the licence holder to the relevant undertaker, the undertaker may, within the period of seven days beginning with the giving of the notice, give the licence holder a counter-notice which may state either– (a) that the undertaker intends himself to make any alteration made necessary or expedient by the licence holder’s proposed works; or 39 (b) that he requires the licence holder, in making any such alterations, to do so under the supervision and to the satisfaction of the undertaker. (6) Where a counter-notice given under sub-section (5) of this section, states that the relevant undertaker intends himself to make any alterations– (a) the undertaker shall, subject to sub-section (8), have the right, instead of the licence holder, to execute any works for the purpose of making that alteration; and (b) any expenses incurred by the undertaker in or in connection with the execution of those works and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction. (7) Where a counter-notice given under sub-section (5) states that any alteration is to be made under the supervision and to the satisfaction of the relevant undertaker– (a) the licence holder shall not make the alteration except as required by the notice or under sub- section (8); and (b) any expenses incurred by the undertaker in or in connection with the provisions of that supervision and the amount of any loss or damage sustained by the undertaker in consequence of the alteration shall be recoverable by the undertaker from the licence holder in any court of competent jurisdiction. (8) Where40 (a) no counter-notice is given under sub-section (5); or (b) the relevant undertaker, having given a counter-notice falling within that sub-section, fails to make any alteration made necessary or expedient by the licence holder’s proposed works within such period (being not less than forty-eight hours) as the licence holder may by notice specify or, as the case may be, unreasonably fails to provide the required supervision, the licence holder may himself execute works for the purpose of making the alteration or, as the case may be, may execute such works without the supervision of the undertaker; but in either case the licence holder shall execute the works to the satisfaction of the undertaker. (9) Where the licence holder or any of his agent– (a) executes any works without the notice required by sub-section (3) having been given; or (b) unreasonably fails to comply with any reasonable requirement of the relevant undertaker under this paragraph, he or she commits an offence and shall be liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding twelve months, or to both such fine and term of imprisonment.