120Energy operator to make good damage, and may be liable to pay compensation

120. Energy operator to make good damage, and may be liable to pay compensation

In the exercise of the powers conferred by section 49, or where an energy operator is otherwise empowered to enter any land, premises or other thing, the energy operator is required to do as little damage as possible, and, except where a power under section 48 is exercised in respect of an emergency in relation to a supply system or other matter which is not owned by the energy operator and for which the energy operator is not otherwise responsible or unless this Act or any contract or agreement relating thereto otherwise provides, the energy operator shall pay forthwith adequate compensation for, or otherwise make good, the physical damage done to the land, premises or thing by the energy operator’s officers, servants, or agents in the course and at the time of the exercise or purported exercise of such a power, whether that damage is of a temporary character or a permanent character.

[Section 120 amended: No. 101 of 1981 s. 37; No. 24 of 1986 s. 38; No. 89 of 1994 s. 35, 39 and 41; No. 58 of 1999 s. 82 and 83(1) and (3).]