Plans
(1) The Board shall forthwith after commencing to Map of supply eneaescale seoo mss thaneominn oftrea or other scale approved by the Director of Lands and Surveys, and shall cause to be marked thereon the position of all transmission lines in such form and showing such detail as the Minister may direct, and hall cause plans to be prepared of the area of eac. local authority in which distribution lines have bee laid to a scale of not less than one in two thousand tive hundred or other scale approved by the Director of Lands and Surveys showing the position of all overbe ot пe eiferco, ni sili promi timc d lime caeg. all extensions to be marked thereon as soon as may be practicable after the lines have been laid.
(2) Every map or plan so made or corrected or a copy thereof marked with the date when it was so made r last corrected shall be kept by the Board at his prin ipal office, and shall at all reasonable times be opel o the inspection of the Director of Public Works o jabah, General Manager Railways. Director Genera of Telecommunications Malaysia and any officer duly
[Pt. VII, S. 56-57] d Survey and the looal au thority shal a d reasonable charge supply to the Board copies of the necessary maps, if available, or failing such maps then they shall supply all information which may be available to'enable such maps to be prepared.
(3) The Board shall, it required by the Director of Public Works of Sabah, General Manager Rallways, or the Director General of Telecommunications, Malaysia. supply a copy of any such map or plan and shall, it required by a local authority, supply them with a copy of the plans showing the distribution lines within their boundaries. Plans for approval of
(1) The Board shall before executing any of the Minister. several works mentioned below, submit for the approval of the Minister three copies of the respective plans and drawings as follows:
(a) plans and drawings to a scale of not less than one in five hundred of dams, weirs, canals, reservoirs, tunnels, and headworks;
(b) plans to a scale of not less than one in fifty _other scale approved by the Director of Lands and Surveys showing the main transmission limes;
(c) plans and drawings of power houses to a scale of not less than one in five hundred.
(2) If the disapproval of the Minister is not motified in respect ot any item at the expiration of twenty-eight days after the same shall have been submitted to him the said plans shall be deemed to have been approved and the Board shall be at liberty to execute the works.
(3) The foregoing provisions shall also apply to any 'amended plans and drawings which the Board may submit to the Minister to meet any disapproval or objections raised by him: Provided that the Minister shall notify his approval or disapproval of or objections to any such amended plans and diawings before the expiration of fourteen days as from the date when the same shall have been so submitted, and in the event of nio notification being made within such period aforesaid the Board shall be at liberty to proceed as if approval had been given.
ector of tall at a spốt tạn sê availector of ways, or 1alaysıa shall, il h a copy hin their y of the approval ›lans and less than ;, canals, e in fifty by the wing the to a scale it notified enty-eight ed to him approved e works. ; approval amended f fourteen have been tion being d shall be .given. IPt. VII, S. 57-58]
(4) The Board shall not execute any of the works in respect of which plans are required to be submitted to the Minister except in accordance with approved plans and any breach of the requirements of this subsection shall render the Board liable on conviction to a penalty of one thousand ringgit for each default. Wayleaves
(1) The Board may place any electric supply line Werleaves 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 hereinatter 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 lmne or other works into, through or acainst an building or on, over or under anv land covered wit 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
[Pt. VII, S. 58-601 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 consileration all representations or objections received il accordance with the notice or otherwise, and shall hav regard to the eitect, it 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. break up streets, etc., under superintendence, and to open drains. Conditions as to superintendence of breaking up of streets. Works
The Board, under such superintendence as is nereaiter specified, may open and break up the soil and pavement of the several streets and bridges within the area of supply and may open and break up any sewers, drains or tunnels within or under such street and bridges and lay down and place, within the same limits, electric supply lines, service lines and other works and, from time to time, repair, aiter or remove the same, and for the purposes aforesaid may remove and use all earth and inaterials in and under such streets and ridges, and he may in such streets erect any poles pillars, lamps and other works and do all other acts which the Board shall from time to time deem necessary for supplying electricity to the inhabitants of the area included within the said limits, doing as little damage as may be in the execution of the powers hereby granted, and making compensation for any damage which may be done in the execution of such powers, and subject to such rules as may be prescribed from time to time by the Minister.
No such street, bridge, sewer, drain or tunnel shall (except in the case of emergency of which notice shall immediately be given as hereinatter provided), be opened or broken up except after seven days' notice to the control or management thereof or of their officer. and according to such plan as shall be approved of by such persons or their officer, or in case of any difference respecting such plan, then according to such plan as shall be determined by the Minister who may, on the application of the persons having the control or
ng agreed by the hold his ny terms ito consiceived in hall have or value h electric posed. s is heresoil and vithin the Ly sewers, treet and me limits, orks and, he same nd use all reets and uny poles, sthei acts necessary E the area damagı s hereb , damag 1 powers ibed from innel shall otice shall rided), be 'notice to ıns having eir officer, ›ved of bý difference ih plan as ay, on the ontrol or [Pt. VII, S. 60-62] management, or their officer, require the Board to make such temporary or other works as the applicants may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with a sewer or drain: Provided always that, if the persons having the controi or management fail to attend at the time fixed for the opening of any such street, bridge, sewer, drain or tunnel, after having had notice of the Board's intention, or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the Board may perform the work specified in' such notice without the superintendence of such persons or their officer.
When the Board opens or breaks up the road or Sroke, tc,, pavement of any street or bridge, or any sewer, drain or tobe tunnel, he shall with all convenient speed complete the reinstated work for which the same shall be broken up, and fill in the ground and reinstate and make good the road or pavement, or the sewer, drain or tunnel so opened or broken up, and carry away the rubbish occasioned thereby, and shall at all times, whilst any such road or avement shall be so opened or broken up, cause th ame to be fenced and guarded and shall cause a ligh sufficient for warning the public to be set up and maintained against or near such road or pavement where the same shall be opened or broken up every night, before sunset and until sunrise, during which the same shall be continued opened or broken up and shal keep the road or pavement which has been broken up im gond oep ihne oa te, and mor suci fuet e place, it any, not being more than six months in the whole, as the soil so broken up shall continue to subside.
Before the Board proceeds to open or break up any Notice officer, notice in writing of his intention, not less thar seven clear days before beginning such work, except ir breaking up streets or opening drains. the necessity for the same shall have arisen.
Laying of electric supply lines, etc., or gas orwater pipes or other electric supply lines. IPt. VII, S. 63]
(1) Where-
(a) 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, dram, watercourse, deience 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 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 lime, telecommunications wire or cable or works, and for securing access thereto, and he shall also, if required by the owner thereot, repair any damage that may be done thereto.
(2) Where the operator tinds it necessary to under nine but not alter the position of any pipe, electri 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.,
iny trench ucting any an service any sewer, 'k, or any line, telether work a public or ;as, electric company, :I company for laying uins, wires, I company, to as "the ed between emergency, npany conbe (in this than seven : sink such be entitled y to underipe, electric Il support it Fonndaton [Pt. VIl, S. 63-64]
(3) 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, limes or services, as conductors for the purposes of his supply of energy. thiss Any guestion oe direiendoy like Mayarise under 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 or each default to a penalty not exceeding fifty ringg nd a daily penalty not exceeding fifty ringgit case was one of emergency, and that the operator complied with the requirements of this section so far oei at e dernincd by olietion, thing nguic.
IPr. VII, S. 65] Alteration / 65. (1) The Board may alter the position of any pipe of pipes or wires. or of any wire under or over any place which the Board is authorized to open or break up, if such pipe or wire is likely to interfère with the exercise of the Board's powers under this Act and any person may alter the position of any electric supply lines or works of the Board under or over any such place as aforesaid, it suct electric supply lines or works are likely to interfere with the lawful exercise of any powers vested in him.
(2) In any such case as aforesaid the following provisions shall, in the absence of an agreement to the contrary between the parties concerned, apply, namely-
(a) not less than twenty-eight days before commencing any alteration, the Board or other person desiring to make the same (hereinafter in this section referred to as "the operator") shall serve upon the person for the time being entitled to the pipe, wire, electric supply lines, or works, as the case may be (hereinafter in this section referred to as "the owner") a notice in writing, describing the proposed alteration, together with a section and plan thereot on a scale sufficiently large to show clearly the details of the proposed works, and not in any case smaller than 1:100 vertically, and 1:4000 horizontally, and intimating the time when it is to be commenced, and shall subsequently give such further information in relation thereto as the owner may desire;
(b) within fourteen days after the service of the notice, section and plan upon the owner, the owner may serve upon the operator a requisition to the effect that any question arising üpon the notice, section or plan shall be determined by arbitration, and thereupon the matter shall, unless settled 'by agreement, be determined by arbitration;
(c) every arbitrator to whom a reference is made under paragraph (b) shall have regard to any duties or obligations which the owner is under, and may require the operator to execute any . temporary or other works so as to avoid, as far as possible, interference therewith;
any pipe he Board le or wire = Board's alter the ks of the id, if such rfere with him. wing proint to the i, apply, fore comor other zereinafter operator") time being pply lines, einafter in ") a notice alteration, ereoi on a the details anycas : when it is uently give thereto as vice of the ¡ a requisidetemined natter shall, ice is made gard to any er is under, execute any ivoid, as far [Pt. VII, S. 65]
(d) where no requisition is served upon the operator under paragraph (b) within the time named, or where such a requisition has been served and the matter has been settled by agreement or determined by arbitration, the alteration may upon payment or securing of any compensation accepted or determined by agreement or arbitration, be executed in accordance with the notice,section and plan and subject to such modifications as may have been determined by arbitration or agreed upon between the parties;
(e) the owner may, at any time before the operator is entitled to commence the alteration, serve upon the operator a statement in writing to the effect that he desires to execute the alteration himself and that he requires the operator to give such security for the repayment of any expenses as may be agreed upon or, in detault of agreement, determined by arbitration;
(f) where a statement is served upon the operator under paragraph (e), he shall, not less than forty-eight hours before the execution of the alteration is required to be commenced furnish such security and serve upon the owner a notice in writing intimating the time when the. alteration is to be commenced, and the manner in which it is to be made and thereupon the owner may proceed to execute the alteration as required by the operator;
(g) where the owner declines to comply, or does not within the time and in the manner prescribed by a notice served upon him under paragraph (f), comply with the notice, the operator may himself execute the alteration;
(h) all expenses properly incurred by the owner in complying with a notice served upon him by the operator under paragraph if may recovered by him from the operator.
(3) Where the Board or other person desiring to make the alteration makes default in complying with any of these provisions, he shall make full compensation for any loss or damage incurred by reason
remove trees, etc., endangering -overhead lines: (pt. VII, S. 65-66] thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
