75Unlawful damage generally

75. Unlawful damage generally

(1) Any person who wilfully —

(a) alters, interferes with, defaces or removes any trigonometrical station, peg, mark, pole, or works or other thing associated with any survey or with the siting of any energy undertaking or works carried out by an energy operator in the performance of its functions; or

(b) damages or extinguishes any light provided, or takes down, alters or interferes with any bar, chain, fence, hoarding or other thing erected or placed for guarding against any accident on or for the protection of any undertaking, works or thing the property of or under the control or management of an energy operator; or

(c) interrupts, impedes or obstructs the transmission, distribution or supply of energy by an energy operator; or

(d) removes, defaces, damages, alters or interferes with any notice, sign, order or written instruction attached by or with the authority of an energy operator to any undertaking, works or thing the property of or under the control or management of the energy operator or to any service apparatus or consumer installation; or

(e) without the approval in writing of an energy operator affixes any poster, sign, advertisement or notice to any undertaking, works or thing the property of or under the control or management of the energy operator or makes any inscription, drawing or mark thereon,

or who attempts to do so, commits an offence and is liable on conviction to a fine not exceeding $2 000.

(2) Any person who wilfully or negligently breaks, otherwise destroys or damages, or in a manner likely to cause damage interferes with, any part of any supply system, or any undertaking, works or other thing the property of or under the control or management of an energy operator, or any part of any such thing, commits an offence and is liable on conviction to a fine not exceeding $2 000.

(3) In any proceedings for an offence against subsection (2) where a person is found to have destroyed or damaged any part of such system or undertaking or any such work or thing which was in or under any street he shall be deemed to have acted negligently unless he shows that he made reasonable prior inquiry from the energy operator concerned as to the whereabouts in that street of any such system, undertaking, works or thing.

(4) Any person who without authority, or without having given to an energy operator the notice (if any) required by or under this Act of his intention, so to do opens any ground so as to uncover or expose any works or other thing the property of or under the control or management of the energy operator commits an offence and is liable on conviction to a fine not exceeding $2 000.

[Section 75 amended: No. 24 of 1986 s. 33 and 42; No. 89 of 1994 s. 28, 39 and 41; No. 58 of 1999 s. 83(1) and (3).]