Alteration of works

(1) A licensee may execute works in pursuance of section 41 or section 43, notwithstanding that they involve a temporary or permanent alteration of any of the following, namely– (a) any water main or pipe line under the control of another licensee; (b) any gas pipe under the control of a public gas supplier; 55 (c) any water main or pipeline under the control of a person lawfully supplying water; (d) any telecommunication apparatus used for the purpose of a telecommunication system which is operated by a person to whom the Telecommunications Act applies; or CAP. 229. (e) any electrical supply line, post or works. (2) Where a licensee is proposing to execute works which involve, or are likely to involve any such alteration as is mentioned in sub-section (1) (a) to (c), the following sub- sections shall apply; and in those provisions “the relevant undertaker” means the other licensee, the public gas supplier or the person lawfully supplying water in the exercise of statutory powers, as the case may be. (3) A licensee shall, not less than one month before the works are commenced, give the relevant undertaker a notice specifying the nature of the licensee’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 licensee 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 licensee to the relevant undertaker, the undertaker may, within the period of seven days beginning with the giving of the notice, give the licensee a counter-notice which may state either– (a) that the undertaker intends himself to make any alteration made necessary or expedient by the licensee’s proposed works; or 56 (b) that he requires the licensee 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), states that the relevant undertaker intends himself to make any (a) the undertaker shall, subject to sub-section (8), have the right instead of the licensee, 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 licensee 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 licensee 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 in any court of competent jurisdiction. (8) Where57 (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 licensee’s proposed works within such period (being not less than 48 hours) as the licensee may by notice specify or, as the case may be, unreasonably fails to provide the required supervision, the licensee 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 licensee shall execute the works to the satisfaction of the undertaker. (9) Where the licensee or any of his agents– (a) executes any works without the notice required under sub-section (3) having been given; or (b) unreasonably fails to comply with any reasonable requirement of the relevant undertaker under this paragraph, he commits an offence and is 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 imprisonment.