Section 58
Wayleaves
of Lembaga Letrik Sabah Act 1983
The Board may place any electric supply line either above or below ground across any land, other than land covered by buildings or used as a garden or pleasure ground:
Provided that before placing any such line across any land the Board shall serve on the owner or occupier of the land notice of his intention together with a description of the nature and position of the lines proposed to be placed, and if within twenty-one days after the service of the notice the owner or occupier fails to give his consent or attaches to his consent any terms or conditions to which the Board objects, the District Officer of the district may, subject as hereinafter provided, give his consent to the placing of such lines, either unconditionally or subject to such terms and conditions as he thinks just.
(2)
Nothing in subsection (1) shall authorize or empower the Board to lay down or place any electric supply line or other works into, through or against any building or on, over or under any land covered with buildings, or used as a garden or pleasure ground, without the consent of the owner or occupier thereof:
Provided that any support of an overhead line or any stay or strut required for the sole purpose of securing the support of an overhead line may be fixed on any land or building with the consent of the District Officer of the district if in his opinion the consent of the owner or occupier is being unreasonably withheld, and the District Officer of the district shall fix the amount of compensation or of annual rental, or of both, which shall be paid by the Board to the owner or occupier.
(3)
If the owner or occupier of any land on which any electric supply line has been placed requires the position of such electric supply line to be changed, the District Officer of the district may, by notice in writing, require the Board to alter the position of the electric supply line, subject to conditions which, failing agreement between the parties, may be determined by the Minister.
(4)
In deciding whether to give or withhold his consent or to issue any notice or to impose any terms or conditions, the District Officer shall take into consideration all representations or objections received in accordance with the notice or otherwise, and shall have regard to the effect, if any, on the amenities or value of the land of the placing or altering of such electric supply line or other work in the manner proposed.