Singapore legislation

Section 80

of Electricity Act 2001

Section 80

Carrying out of earthworks within vicinity of high voltage electricity cable

Amended by18/200642/201842/201842/2018

(1)

Subject to this section, no person may commence or carry out, or cause or permit the commencement or carrying out of, any earthworks within the vicinity of any high voltage electricity cable which belongs to or which is under the management or control of an electricity licensee unless the person —

(a)

has given to the electricity licensee not less than 7 days’ written notice of the date on which it is proposed to commence the earthworks;

(b)

has obtained from the electricity licensee the necessary information on the location of such high voltage electricity cable and has consulted the electricity licensee on the steps to be taken to prevent the high voltage electricity cable from damage while the earthworks are being carried out; and

(c)

has caused cable detection work to be carried out by a licensed cable detection worker in order to confirm the location of the high voltage electricity cable.

Amended by18/200642/2018

(2)

No person other than a licensed cable detection worker may commence or carry out any cable detection work within the vicinity of any high voltage electricity cable which belongs to or which is under the management or control of an electricity licensee.

(3)

The Authority may, if it thinks fit, modify the period for which a notice under subsection (1)(a) is to be given to an electricity licensee.

(4)

It is the duty of the person who commences or carries out, or causes or permits the commencement or carrying out of, any earthworks referred to in subsection (1) —

(a)

to comply with all reasonable requirements of the electricity licensee for the prevention of damage to the high voltage electricity cable;

(b)

to ensure that reasonable precautions are taken when carrying out such earthworks to prevent any damage to the high voltage electricity cable; and

(c)

to allow the electricity licensee reasonable access to the work site for the purpose of inspecting or taking any necessary measures to protect the high voltage electricity cable.

Amended by42/2018

(5)

It is the duty of the electricity licensee to whom a notice under subsection (1)(a) has been given —

(a)

to promptly inform the person, who has given the electricity licensee the notice, of the location of the high voltage electricity cable and to provide the person with any other information as may be necessary to enable the person to ascertain the exact location of the high voltage electricity cable;

(b)

to advise the person, who has given the electricity licensee the notice, on the precautions to be taken to prevent damage to the high voltage electricity cable; and

(c)

to take all such measures at the work site as may be reasonable and necessary for the protection of the high voltage electricity cable from damage and, in so doing, the electricity licensee must have regard to the potential risks and dangers that can arise from any damage to the high voltage electricity cable.

(6)

Nothing in subsection (1) prohibits a person from commencing or carrying out any earthworks where the person has reasonable cause to believe that it is necessary to do so in the interest of public or private safety except that the person must, not more than 7 days after the earthworks have been commenced or carried out, give to the electricity licensee written notice stating the nature and extent of those earthworks.

(6A)

Subsection (1) does not prohibit an electricity licensee from commencing or carrying out earthworks within the vicinity of any high voltage electricity cable that belongs to or that is under the management or control of the electricity licensee.

Amended by42/2018

(7)

Any person who contravenes subsection (1) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

(8)

Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(9)

Subject to subsection (10), in any proceedings for an offence under subsection (7), it is a defence for the person charged to prove —

(a)

that the person took all reasonable steps to discharge the person’s duty under subsection (1) or (4), as the case may be; or

(b)

that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(10)

If in any proceedings for an offence under subsection (7), the defence involves acting on information supplied by an electricity licensee or a licensed cable detection worker, the person charged is not, without leave of the court, entitled to rely on that defence unless, within 14 clear days before the hearing, the person charged has served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of the person who supplied the person charged with the information.

Section 80 — Electricity Act 2001 | laws.sg