70. Works of public gas licensee
Feedback & supportNotwithstanding any written law but subject to this section, for any purpose connected with the carrying on of the activities which it is authorised by its public licence to carry on, a public gas licensee may execute —
public licence
“public licence” means a licence granted under section 38 and “public licensee” shall be construed accordingly;
the following kinds of works, that is to say, installing under, over, in, on, along or across any premises, street or bridge and from time to time inspecting, maintaining, adjusting, repairing, altering, replacing or removing —
any pipe, main, conduit or gas plant;
any structure for housing or covering any such pipe, main, conduit or plant; and
any meter, valve and any other suitable and proper apparatus for the purpose of leading off gas service pipes or of examining, testing, measuring, directing or controlling the supply of gas or of testing the conditions of the mains and other portions of the works; and
any work requisite for or incidental to the purposes of any works falling within paragraph (a), including for those purposes —
excavating any land or street;
tunnelling or boring under any land, street, sewer or drain;
removing or using all earth and materials in or under any land, street, sewer or drain; and
erecting, placing or installing any gas plant in or under any land, street or bridge.
All such works, including the upper surface or covering thereof, shall be constructed of such materials and shall be maintained by the public gas licensee in such manner as not to be a source of danger, whether by reason of inequality of surface or otherwise.
public gas licensee
“public gas licensee” means a person who is authorised by a public licence to carry out the function of producing, transmitting and supplying gas;
Except in cases of emergency arising from faults in any pipe, main, conduit or gas plant, no works falling within subsection (1) shall be executed without the giving of reasonable notice.
gas plant
“gas plant” means any valve, regulator, plant, pipe, equipment, apparatus or appliance used for, or for purposes connected with, the production, transmission or supply of gas;
A public gas licensee shall do as little damage as possible in the exercise of the powers conferred by subsection (1) and shall make good any damage done in the exercise of those powers.
Where any dispute arises as to whether a public gas licensee has sufficiently made good any damage done in the exercise of the powers conferred by subsection (1), the dispute —
may be referred to the Board by either party; and
on such a reference, shall be determined by the Board whose decision shall be final and conclusive between the parties.
A public gas licensee shall exercise the powers conferred by subsection (1) in such manner as will secure that nothing which it instals or keeps installed under, over, in, on, along or across any premises or street becomes a source of danger to the public.
premises
“premises” includes buildings, structures, streets, lands, waters, tenements, easements of any tenure, whether State land or not, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;
A public gas licensee shall not, when exercising the powers conferred by subsection (1), be liable for or required to pay any person any fee, charge or expense whatsoever for the right to enter or use any land or premises.