Section 71

Where, in the opinion of a public licensee, there is at any time danger or suspected danger that any tree (which term in this section includes undergrowth) near the licensee’s installation or plant may obstruct or interfere with the supply of electricity or gas or cause damage to such installation or plant, the licensee may cause the tree to be felled or dealt with in such other manner as will, in its opinion, avert the danger.

A public licensee shall, in the exercise of its powers under subsection (1), be subject to the provisions of the National Parks Act [Cap. 198A] and the Parks and Trees Act [Cap. 216].

Where a tree, which has been felled under subsection (1), was in existence before the public licensee’s installation or plant was placed, erected or installed, the licensee may, subject to subsections (4) and (5), pay to any person adversely affected such sum as may be agreed between the licensee and the person, or in the event that no agreement is reached, such sum as may be determined by the Board, by way of compensation.

No further compensation shall be paid for the felling or lopping of any tree or the removal of any vegetation where the action is necessary for the maintenance of a public licensee’s installation or plant and the tree or vegetation has grown or been allowed to grow since the payment of compensation under subsection (3).

No compensation shall be payable by a public licensee under subsection (3) in respect of any tree within 20 metres of the centre line of any road constructed or maintained by the Government or by any public authority unless it is proved that the tree was in existence prior to the construction of the road.

Where the owner or occupier of any land fells, lops or clears any tree or vegetation adjacent to a public licensee’s installation or plant, the owner or occupier shall give the licensee 14 days’ notice in writing of his intention to do so and shall take all such reasonable precautions as the licensee may require for the protection of such installation or plant.

If any such owner or occupier fails to give notice as provided under subsection (6) or having given notice fails to take any such precautions as the public licensee may have required, he shall be liable to pay the licensee any cost and expense incurred by the licensee for any damage caused to any such installation or plant, and a certificate purporting to be under the hand of the chief executive of the licensee stating the amount of the cost and expense incurred by the licensee shall be prima facie evidence of the amount due from the owner or occupier.

If the amount due for the cost and expense under subsection (7) is not paid within 7 days after demand, the amount may be recovered in the same manner as if it were a simple contract debt.

If any tree or vegetation is felled or cleared upon land adjacent to a public licensee’s installation or plant, it shall be presumed until the contrary is proved that the tree or vegetation was felled or cleared by the owner or occupier of the land or by his employees or agents acting as such.