Section 63

the Board requires to dig or sink any trench for laying down, erecting or constructing any new electric supply lines (other than service lines) or other works near to which any sewer, drain, watercourse, defence or work, or any main, pipe, syphon, electric supply line, telecommunications wire or cable or other work under the jurisdiction or control of a public or local authority or belonging to any gas, electric supply, telecommunications or water company, has been lawfully placed; or

any gas, telecommunications, or water company requires to dig or sink any trench for laying down or constructing any new mains, wires, cables, or pipes (other than service pipes) or other works near to which any electric supply lines or works of the Board have been lawfully placed, the Board or such public or local authority, or company, as the case may be (in this section referred to as "the operator") shall, unless it is otherwise agreed between the parties interested, or in case of sudden emergency, give to the public or local authority, or company concerned, or to the Board, as the case may be (in this section referred to as "the owner") not less than seven days' notice before commencing to dig or sink such trench as aforesaid, and that owner shall be entitled by his officer to superintend the work, and the operator shall conform to such reasonable requirements as may be made by the owner or the officer for protecting from injury every such sewer, drain, watercourse, defence, main, pipe, syphon, electric supply line, telecommunications wire or cable or works, and for securing access thereto, and he shall also, if required by the owner thereof, repair any damage that may be done thereto.

Where the operator finds it necessary to undermine but not alter the position of any pipe, electric supply line, wire or cable or works, he shall support it in position during the execution of his work, and before completion provide a suitable and proper foundation for it where so undermined.

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Where the Board in laying any electric supply line crossing is liable to touch any mains, pipes, lines or services belonging to any gas, electric supply, telecommunications or water authority, or company, the conducting portions of the electric supply line shall be effectively insulated in a manner approved by the Electrical Inspector and the Board shall not, except with the written consent of such authority or company as the case may be, and of the Minister, lay his electric supply line so as to come into contact with any such mains, pipes, lines or services, or except with the like consent and in a manner approved by the Minister employ any such mains, pipes, lines or services, as conductors for the purposes of his supply of energy.

Any question or difference which may arise under this section shall be determined by the Minister.

If the operator makes default in complying with any of the requirements of this section he shall make full compensation to all owners affected thereby for any loss, damage, penalty or costs which they may incur by reason thereof and in addition thereto he shall be liable for each default to a penalty not exceeding fifty ringgit and a daily penalty not exceeding fifty ringgit:

Provided that the operator shall not be subject to any such penalty if the court is of the opinion that the case was one of emergency, and that the operator complied with the requirements of this section so far as was reasonable in the circumstances, or that the default in question was due to the fact that the operator was ignorant of the position of the sewer, drain, main, pipe, syphon, electric supply line or work affected thereby, and that such ignorance was not owing to any negligence on the part of the operator.