52Street levels and widths

52. Street levels and widths

(1) Where an energy operator proposes to place any works in any street, the local or other authority responsible for determining the level of that street shall, within 14 days of the service of a written request from the energy operator, furnish the energy operator with particulars of any ascertained or proposed levels, or method of surfacing, of that street, and in default of the furnishing of those particulars the existing contour of the street shall for the purposes of the energy operator relating to those works be deemed to be the level.

(2) A local or other authority having the control and management of any street shall give an energy operator at least 7 clear days’ notice in writing of its intention to alter the level or width or the surfacing of any street in which any works of the energy operator have been placed, but, whether or not such notice is given, if by reason of any such alteration the energy operator considers it necessary to relocate any such works then the costs of such alteration shall be a debt due from the local or other authority to the energy operator.

(3) Where the notice required by subsection (2) is not given, the authority concerned shall be liable to make full compensation to the energy operator for any loss, damage or costs arising from or in relation to any such alteration.

[Section 52 amended: No. 89 of 1994 s. 39 and 41; No. 58 of 1999 s. 83(1) and (3).]