§ 11 — Power to require upkeep of ancillary structures

11.—(1) An owner or occupier of land within a common services tunnel area on or in which any ancillary structure of a common services tunnel is located must take reasonable measures to keep and maintain the ancillary structure of a common services tunnel within the owner’s or occupier’s land in good and serviceable repair.(2) An authorised officer may by order in writing require the owner or occupier of the land mentioned in subsection (1) to take such measures and carry out such works, within the time specified in the order, as the authorised officer thinks reasonably necessary to keep and maintain any ancillary structure of a common services tunnel within the owner’s or occupier’s land in good and serviceable repair.

(3) The cost of any measures or works required to be carried out by an order under subsection (2) must be borne by the owner or occupier of the land on whom the order is served.

(4) An owner or occupier of the land who, without reasonable excuse, contravenes subsection (1) or fails to comply with an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(5) Where an owner or occupier of the land on whom an order under subsection (2) is served fails to comply with the order, an authorised officer, or a person authorised by the authorised officer for the purposes of this section, may, at any reasonable time, or at such other time as may be agreed with the owner or occupier of the land, enter the land, and take such measures and execute such work as may be necessary to secure compliance with the order but without affecting any proceedings that may be taken against that owner or occupier under subsection (4).

(6) Any expenses reasonably incurred by the authorised officer, or by the person authorised by the authorised officer, under subsection (5) may be recovered from the owner or occupier of the land who failed to comply with the order served under subsection (2) as a civil debt in a court of competent jurisdiction.

(7) For the purposes of this section, a reference to the owner or occupier of land does not include the Government or a public authority.

—(1) An owner or occupier of land within a common services tunnel area on or in which any ancillary structure of a common services tunnel is located must take reasonable measures to keep and maintain the ancillary structure of a common services tunnel within the owner’s or occupier’s land in good and serviceable repair.

(2) An authorised officer may by order in writing require the owner or occupier of the land mentioned in subsection (1) to take such measures and carry out such works, within the time specified in the order, as the authorised officer thinks reasonably necessary to keep and maintain any ancillary structure of a common services tunnel within the owner’s or occupier’s land in good and serviceable repair.

(3) The cost of any measures or works required to be carried out by an order under subsection (2) must be borne by the owner or occupier of the land on whom the order is served.

(4) An owner or occupier of the land who, without reasonable excuse, contravenes subsection (1) or fails to comply with an order under subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(5) Where an owner or occupier of the land on whom an order under subsection (2) is served fails to comply with the order, an authorised officer, or a person authorised by the authorised officer for the purposes of this section, may, at any reasonable time, or at such other time as may be agreed with the owner or occupier of the land, enter the land, and take such measures and execute such work as may be necessary to secure compliance with the order but without affecting any proceedings that may be taken against that owner or occupier under subsection (4).

(6) Any expenses reasonably incurred by the authorised officer, or by the person authorised by the authorised officer, under subsection (5) may be recovered from the owner or occupier of the land who failed to comply with the order served under subsection (2) as a civil debt in a court of competent jurisdiction.

(7) For the purposes of this section, a reference to the owner or occupier of land does not include the Government or a public authority.