← belizelaw.ai · Electricity, Cap. 221 · PART IV — Powers, etc., of Licence Holders

Application of Act to existing electricity supply

Cap. 221, s. 44 · Revised Edition 2020

(1) Subject to the provisions of this section, references in this Act to electrical wires installed in, under or over any land include references to the electrical wires so installed before this Act comes into force. (2) Without prejudice to sub-section (1), any electric line, or electrical plant lawfully installed before this Act comes into force which, if this Act had come into force could have been installed under section 34 of this Act, shall, subject to sub- section (6), be treated for the purposes of this Act as if it had been so installed, before this Act came into force. (3) Any consent given (or deemed to have been given) for the purpose of any provision of the B.E.B. Act, Cap. 182 R.E.1980-1990, before this Act comes into force shall– (a) have effect after this Act comes into force as an agreement given for the purposes of this Act; and (b) so have effect, to any extent that is necessary for ensuring that the same persons are bound under this Act as they were bound by the consent, as if it were an agreement to confer a right or, as the case may require, to bind any interest in land of the person who gave (or is deemed to have given) the consent. (4) Where by virtue of sub-section (3) any person is bound by any right, that right shall not be exercisable except on the same terms and subject to the same conditions as the right which, by virtue of the giving of the consent, was exercisable before this Act comes into force; and where under any enactment repealed by this Act those terms and conditions included a requirement for the payment of compensation or required the determination of any matter by any court or person, the amount of the compensation or, as the case may be, that matter shall be determined after the coming into force of this Act in like manner as if this Act had not been passed. (5) A person shall not be entitled to compensation under any provision of this Act if he is entitled to compensation in respect of the same matter by virtue of sub-section (4). (6) Neither this Act nor the repeal by this Act of any provision of the B.E.B. Act, Cap. 182 R. E. 1980-1990 (which contains provisions confirming or continuing in force certain agreements) shall prejudice any rights or liabilities (including any rights or liabilities transferred by virtue of this section) which arise at any time under any agreement which was entered into before this Act comes into force and relates to the installation, maintenance, adjustment, repair, alteration or inspection of any electric line or electrical plant or to keeping any such line or plant installed on, under or over any land.
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