50Restrictions on the exercise of the general powers

50. Restrictions on the exercise of the general powers

In the exercise of the powers conferred under section 49 an energy operator shall ensure that so far as is reasonable and practicable —

(a) the free use of any land, street, shore or water is not obstructed; and

(b) any works or installations fixed or crossing above the surface of any land, or of any navigable waters, are at a sufficient height or are otherwise so dealt with as to ensure that a source of danger is not likely to be constituted thereby in the course of any reasonable utilisation of that land or water; and

(c) as little detriment or inconvenience is caused and as little damage is done as is possible,

and section 120 applies in respect of any damage thereby occasioned.

[Section 50 amended: No. 89 of 1994 s. 39; No. 58 of 1999 s. 83(1).]