Section 26
Supply
of Lembaga Letrik Sabah Act 1983
Subject to the provisions of subsection (2) in so far as it is able to do so in the area of supply of the Board as may be determined from time to time by the Minister, the Board shall supply energy to any person requiring a supply of energy (in this section referred to as a consumer) if such consumer undertakes to enter into a contract with the Board giving such security as the Board may require to take or continue to receive, and to pay for a supply of energy upon such terms and conditions as the Board may determine.
(2)
The Board may in its discretion refuse to give such supply of energy to any building which has been erected in contravention of any written law or which is in a ruinous or dangerous condition.
(3)
The Board shall not supply electrical energy to a consumer, other than a licensee, in any area which for the time being forms part of the area of supply of a licensee, except with the consent of such licensee:
Provided that where the consent of a licensee is required under this subsection and such licensee refuses or withholds such consent, the Board may appeal to the Minister and the Minister, if satisfied that the consent of such licensee is unreasonably refused or withheld, may dispense with such consent. For the purposes of this proviso consent shall be deemed to be unreasonably refused or withheld if the licensee is not willing and able to supply the requisite electrical energy upon reasonable terms and within a reasonable time having regard, amongst other things to the terms upon and the time within which the Board is willing and able to supply such electrical energy.
(4)
Notwithstanding anything in this section contained, the owner or occupier of any premises shall not be entitled to demand or continue to receive from other than normal and regular use from the Board a supply of electricity for any premises having a separate supply of electricity or a supply (in use or ready for use for the purposes for which such emergency supply of electricity is required) of gas, steam or other form of energy unless such owner or occupier has agreed with the Board to pay the Board such minimum annual sum as will give him a reasonable return on the capital expenditure incurred by him in providing such emergency supply and will cover other standing charges incurred by the Board in order to meet the possible maximum demand for those premises. The sum to be paid shall be determined in default of agreement by arbitration.