48Rights as to entry on lands etc. in emergency

##### 48. Rights as to entry on lands etc. in emergency (1) Where it appears to an energy operator, or a person authorised under the provisions of section 4, that by reason of — (a) actual or apprehended danger to any person or property; or (b) the occurrence of injury or damage attributable, or which might be attributable, to any defect in, or any malfunction, misuse or improper use of, any supply system or consumer installation; or (c) an urgent necessity to restore or provide a supply of energy to any place or person; or (d) damage to or interference with a supply system generally; or (e) any other matter, the circumstances are such that an emergency situation exists which makes compliance with the normal requirements of this Act impractical or unreasonable, then, while those circumstances subsist and for so long thereafter as is reasonably required in relation thereto, the energy operator or that person may lawfully effect immediate entry on or into any land, premises or thing necessary to deal with the emergency situation, and there exercise all such powers as are by this Act conferred on the energy operator or that person and are reasonably required to deal with that situation, without any requirement for a notice or warrant and by force of this subsection. (2) Any question as to what is a necessary entry may be determined by the officer of an energy operator or other person authorised by this section to effect or direct the entry and any question as to what powers are reasonably required to deal with a situation to which subsection (1) refers may be determined by the person responsible for the exercise of the power, and in any proceedings arising therefrom such a determination shall be presumed, in the absence of evidence to the contrary, to have been made in good faith. (3) An energy operator or other person authorised pursuant to this section shall, as soon as may be, as regards any land, premises or thing entry on or into which was effected for the purposes of this section — (a) remove or cause to be removed any machinery, equipment or other thing under the control of the energy operator or that person and not necessarily remaining as part of the measures to deal with the emergency; and (b) where the emergency arose in relation to a supply system or other matter owned by the energy operator or for which the energy operator is otherwise responsible, make good any physical damage or effect restoration, rehabilitation or restitution, and for that purpose the provisions of section 120 shall be construed as though a reference to the energy operator included a reference to any other person authorised pursuant to this section. (4) Where entry is effected on or into any land, premises or thing under this section in respect of an emergency situation arising in relation to a supply system or other matter for which an energy operator is not responsible, the energy operator may recover as a debt from the person who is responsible for that supply system or other matter the costs of any expenses incurred in dealing with that emergency situation and of making good any physical damage thereby occasioned. [Section 48 amended: No. 24 of 1986 s. 22; No. 89 of 1994 s. 39, 40 and 41; No. 58 of 1999 s. 83.]