Clause 32

Where, in the opinion of an electricity licensee, there is at any time danger or suspected danger that any tree or vegetation near the licensee’s installation or plant may obstruct or interfere with the supply of electricity or cause damage to such installation or plant, the licensee may cause the tree or vegetation to be felled or dealt with in such other manner as will, in its opinion, avert the danger.

An electricity 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 any tree or vegetation, which has been felled or dealt with under subsection (1), was in existence before the electricity licensee’s installation or plant was placed, erected or installed, the licensee shall, 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 absence of agreement, such sum as may be determined by the Authority.

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

No compensation shall be payable by an electricity licensee under subsection (3) in respect of any tree or vegetation 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 or vegetation 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 an electricity 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 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 under subsection (6) or having given notice fails to take any such reasonable precautions as the electricity 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, subject to the Authority’s approval in the case of any dispute.

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