58Care to be taken

58 Care to be taken

58 Care to be taken

(1) In the exercise of a power under this Division, an authorised officer must do as little damage as possible.

(2) As far as practicable, entry onto fenced land is to be made through an existing opening in the enclosing fence or, if entry through an existing opening is not practicable, through a new opening.

(3) Any new opening is to be properly closed when the need for entry ceases.

(4) If, in the exercise of a power under this Division, any pit, trench, hole or bore is made, the network operator or retailer concerned must, if the owner or occupier of the land so requires—

(a) fence it and keep it securely fenced so long as it remains open or not sufficiently sloped down, and

(b) without unnecessary delay, fill it up or level it or sufficiently slope it down.

s 58: Am 2000 No 109, Sch 1 [29]; 2012 No 38, Sch 1 [40].