Electricity (Supply) Act, 1927

Way-leaves across land.

53.—(1) The Board and also any authorised undertaker may, subject to the provisions of this section, and of regulations made by the Board under this Act place any electric line above or below ground across any land not being a street, road, railway, or tramway.

(2) The Board and also any authorised undertaker may attach to any wall, house, or other building any bracket or other fixture required for the carrying or support of an electric line or any electrical apparatus.

(3) Before placing an electric line across any land or attaching any fixture to any building under this section the Board or the authorised undertaker (as the case may be) shall serve on the owner and on the occupier of such land or building a notice in writing stating its or his intention so to place the line or attach the fixture (as the case may be) and giving a description of the nature of the line or fixture and of the position and manner in which it is intended to be placed or attached.

(4) If within fourteen days after the service of such notice the owner and the occupier of such land or building give their consent to the placing of such line or the attaching of such fixture (as the case may be) in accordance with such notice either unconditionally or with conditions acceptable to the Board, or to the authorised undertaker and approved by the Board (as the case may require), the Board or the authorised undertaker may proceed to place such line across such land or to attach such fixture to such building in the position and manner stated in such notice.

(5) If the owner or occupier of such land or building fails within the fourteen days aforesaid to give his consent in accordance with the foregoing sub-section the Board or the authorised undertaker with the consent of the Board but not otherwise may place such line across such land or attach such fixture to such building in the position and manner stated in the said notice.

(6) Where any authorised undertaker has under any terminable agreement or arrangement, whether made before or after the passing of this Act, placed any electric line across any land or attached any such fixture as aforesaid to any such building as aforesaid, such authorised undertaker may notwithstanding the termination of such agreement or arrangement but subject to the provisions of this section, retain the line across the land or the fixture attached to the building in the same position, on the same terms, and subject to the same conditions as during the continuance of the said agreement or arrangement.

(7) The owner or the occupier of any land or building across or on which an electric line or a fixture is or might be retained under this section after the termination of an agreement or arrangement may by notice in writing served on the authorised undertaker within two months before or at any time after such termination object to the retention of such line or fixture across or on such land or building and thereupon it shall not be lawful for the authorised undertaker to retain such line across such land or such fixture on such building without the consent of the Board.

(8) Where under this section the consent of the Board is required to the placing or retention of an electric line across any land or of a fixture on a building the Board may, if, after giving all parties concerned an opportunity of being heard, it thinks it just, give its consent either unconditionally or subject to such terms, conditions, and stipulations as it thinks just, and in deciding whether to give or withhold its consent or to impose any terms, conditions or stipulations (including the placing of any portion of the line underground) the Board shall, among other considerations, have regard to the effect, if any, on the amenities or value of the land or building of the placing of the line or the attaching of the fixture in the position and manner proposed.

(9) Where the Board or an authorised undertaker is authorised by or under this section to place or retain any electric line across any land or to attach or retain any fixture on any building the Board or such authorised undertaker (as the case may be) may at any time enter on such land or building for the purpose of placing, repairing, or altering such line or such fixture or any line or apparatus supported by such fixture.