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Section 66

of Lembaga Letrik Sabah Act 1983

ActRepealedProvision 66 of 90

Section 66

(1)

Subject to the provisions of subsection (3), where any tree, structure or object standing or lying near an overhead line interrupts or interferes with, or is likely to interrupt or interfere with the conveyance or transmission of energy or the accessibility of any works, or is likely by reason of its proximity to any overhead line to be a cause of danger, the Board may by agreement with the owner of the land enter upon such land and do such work as may be agreed or in default of agreement, the District Officer of the district on the application of the Board, may order the owner of the land on which such tree, structure or object is situate to trim, alter, lop or in the last resort, fell such tree or remove or deal with such tree, structure or object in such manner as the District Officer may think fit at the expense of the Board, and unless compensation has been agreed may either then or on later enquiry award reasonable compensation to be paid by the Board to the owner.

(2)

Any order made under subsection (1) shall be served upon the owner of the land on which the tree, structure or object complained of is situate and if any order is not complied with within seven days thereafter, the Board shall have power to enter on such land and execute such order but shall pay any compensation as provided in subsection (1).

(3)

Notwithstanding the provisions of subsections (1) and (2), the Board shall have power, on giving notice to the occupier, without application to a District Officer or payment of compensation to any person, to enter on any land and remove any tree, structure or object referred to in subsection (1) which was planted or placed near an overhead line subsequent to the placing of the line.

(4)

Notwithstanding the provisions of this section the Board may, where there is an immediate likelihood of serious danger to any person arising from any tree, structure or object referred to in subsection (1), enter upon any land and take such action as is necessary to remove such danger without notice to any person, but route arises the matter section (3), g or lying es with, or conveyance ity of any city to any Board may enter upon greed or in the district the owner or object is t, fell such structure or may think compen-or on later to be paid

1) shall be which the tree, and if any thereafter, land and sensation as sections (1) living notice District Officer to enter on e or object planted or the placing this section the likelihood from any tree, on (1), enter necessary to person, but

LEMBAGA LETRIK SABAH in each such case shall report such occurrence to the District Officer who on the application of the owner of the land may thereupon award compensation under the provisions of subsection (1).

(5)

An appeal shall lie from any decision of the District Officer under this section to the Director of Lands and Surveys, provided that notice of such appeal shall be served upon the other party within five days of service of any order to do work under subsection (1) or within fourteen days of any order assessing compensation.

(6)

For the purposes of this section "tree" includes shrubs, hedge, jungle growth or other plant.