General powers

(1) Subject to the provisions of this Act, a licensee may do anything that in his opinion is calculated to facilitate, or is conducive or incidental to, the discharge of any of his functions. (2) Without prejudice to the generality of sub-section (1), a (a) enter upon any land and construct or operate any works whatsoever for the supply of water, the provision of sewerage services and the disposal or treatment of waste; (b) enter upon any land for the purpose of– (i) reading, removing or repairing a (ii) inspecting any tank or septic system; or (iii) inspecting any works, installations or appliances or taking any samples or 52 making any tests to find out whether this Part of the Act is complied with; (c) divert or impound water from a source located inside any gathering ground under section 27; or (d) break open any street for the purpose of laying any water main or pipe or sewer therein or of repairing or removing any such main, pipe or (3) Before exercising any rights under this section, a licensee shall– (a) give reasonable notice to the owner or occupier of any land which may be affected; or (b) in the case of the breaking open of any street, give reasonable notice to the authority responsible therefor and any public utility whose apparatus may be affected thereby; except in an emergency when it is sufficient for notice to be given as soon as possible after the necessity for exercising those rights has arisen, Provided that where a licensee breaks open any street or carries out any other works which may cause damage, the licensee shall make good the loss caused by any such damage. (4) A licensee shall cause a light sufficient for the warning of vehicles and pedestrians to be set up and maintained at night on the portion of the street so opened and broken up until the street has been reinstated and made good to the satisfaction of the relevant authority. 53 (5) During such time as the street shall be opened and broken up, a licensee shall provide, to the satisfaction of the relevant authority, reasonable facilities for the passage of ordinary vehicular and pedestrian traffic on the street. (6) A licensee shall pay the costs of reinstating and making good the street to the satisfaction of the relevant authority. (7) A licensee shall not place any water pipe, water main, waterworks or post, pole, pillar or other works in any position objected to by the relevant authority and, in the event of any such objection, the licensee shall refer the matter to the Minister whose decision thereon shall be final. (8) In this section, “relevant authority” means, in the case of a street falling within the limits of a city or town, the local authority concerned, and in the case of any other street, the Ministry of Works. (9) Any person who hinders or obstructs a licensee or any person duly authorized by a licensee from entering land under this section or any land or building under section 40, is liable on summary conviction to a fine of five hundred dollars.