Section 13. (1) Where the exercise of any of the powers of a licensee in relation to the execution of any works

13. (1) Where the exercise of any of the powers of a licensee in relation to the execution of any works involves the placing of any works in, under, over, along or across any street, part of a street, railway, tzamway, canal or waterway, the following provi-sions shall have effect, namely :- - (a) not less than one month before commencing the execution of the works (not being a service line immediately attached, or intended to be immediately attached, to a distributing main, or the repair, renewal or amendment of existing works of which the character or position is not to be be altered), the licensee shall serve upon the person responsible for the repair of the street or part of a street (hereinaftcr in this section referred to as " the repairing authority ") or upon the person for the time being entitled to work the rail;way, tramway, canal or waterway (h;sc,inafter in this section referred to as " the owner "),, as the case may be, a notice in writing describing the proposed works, together with a section and plan thereof on a scale su$ciently large to show clearly the details of the proposed worlrs, and not in any case smaller than one inch to eight feet vertically and sixteen inches to the mile horizontally, and intimating the manner in which, and the time at which, it is proposed to interfere with or alter any existing worlrs, and shall, upon being required to do so by the repairing authority or owner, as the case may be, from time to time give such further information in relation thereto as may be desired ; :(b) if the repairing authority intimates to the licensee that it disapproves of such works, section or plan, or approves thereof subject to amendment, the licensee may, within one week of receivinq such intimation, appeal to the Local Government, whose decision, after considering the reasons given by the repairing authority for its action, shall be final; '(c) if the repairing authority fails to give notice in writing of its approval or disapproval to the licensee within one month, it shall be deemed to have approved of the works, section and plan, and the licensee, after giving not less than forty-eight ,*Electricity. [ACT `BX` (Part II.-Supply of Energy.) forty-eight hours' notice in writing to the repairing authority, may roceed to carry out the works in accor 8 ance with the notice and the section and plan served under clause (a); . . (d) if the owner disapproves of such works, section or plan, or a,pproves thereof subject to amendment, he may, within three weeks after the service of the notice under clause (a), serve a requisition upon the licensee demanding that any question in relation to the works or to compensation, or to the obligations of the owner to others in respect thereof, shall be determined by arbitration, and thereupon the matter shall, unless settled by agreement, be determined by arbitration; - (e) where no requisition has been served by the owner upon the licensee under clause (d), within the time named, the owner shall be deemed to have approved of the works, section and plan, and in that case, or where after a requisition for arbitration the matter has been determined by arbitration, the works may, upon payment or securing of compensation, be executed according to the notice and the section and plan, subject to such modifications as may have been determined by arbitration or agreed upon between the parties; - where the works to be executed consist of - :V) the laying of any underground service line immediately attached, or intended to be immediately attached, to a distributing main, the licensee. shall give to the repairing authority or the owner, as the case may be, not less than forty-eight hours' notice in writing of his intention to execute such works; (g) wIiere I 1910.1 Electricity. 68 (Part II.-Supply of Energy.) `(Y)` where the works to be executeil consist of the repair, renewal or amendment of existing works of which the character or position is not to be altered, the licensee shall, except in cases of emergency, give to the repairing authority, or to the owner, as the case may be, not less than forty-eight hours' notice in writing of his intention to execute such works, and, on the expiry of such notice, such works shall be commenced forthwith and shall be carried on with all reasonable despatch, and, if possible, both by day and by night until completed. n (2) Where the licensee makes default in complying with any of these provisions, he shall make full compensation for any loss or damage incurred by reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration. (3) Notwithstanding anything in this section, the licensee may, in case of emergency due to the breakdown of an underground electric supply-line, after giving .notice in writing to the repairing authority or the owner, as the case may be, of his intention to do so, place an agrial line without complying with the provisions of sub-section (I) : Provided that such a&al line shall be used only until the defect in the underground electric supplyline can be made good, and in no case (unless with the written consent of the .Local Government) for a period exceeding six weeks, and shall be removed a s soon as may be after such defect is removed. )Iteration of 14. (I) Any licensee may alter the positim of pipes or WWI39. , , any pipe (not forming, in a case where the licensee is not a local authority, part of a local authority's main sewer), or of any wire under or over any place which he is authorized to open or break up, if such pipe or wire is likely to interfere with the exercise of `[ACT` `ax` Elect ricidy. `of` Energy.) (Part II.-Supply of his powers under this Act; and any person may alter the position of any electric supply-lines or works of a licensee under or over any such place a,s aforesaid, if such electric supply-lines or works are likely to interfere with the lawful exercise of any powers vested in him. (2) I n any such case as aforesaid the following provisions shall, in the absence of an agreement to the rmntrary between the parties concerned, apply, namely :- - (a) not less than one month before commencing any alteration, the licensee 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 thereof on a scale sufficiently large to show clearly the details of the proposed works, and not in any case smaller than one inch to eight feet vertically and sixteen inches to the mile 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 upon the notice, section or plan shall be determined Ly arbitration, and thereupon the matter shall, unless settled by agreement, be determined by arbitration ; - (4 everx I `67` `1980.]` 5 Eieetricity . - (Part Id.-Supply `of` Energy.) - (6) every arbitrator to whom a referene is made under clause (b) shall have regard to any duties or obligations whioh th owner is under, and may require the operatvr to execute any temporary or other works so as to avoid as far as possible interference therewith; - (d) where no requisition is served upon the operator under clause (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 arbitration, be executed in accordance with the notice, section and plan and subject to such modifications as ma37 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, erve upon the operator a statement in writing to the effect that he desires to execute the alteration himself and requires the operator to give such security for the repayment of any expenses as may be agreed upon or, in default of agreement, determined by arbitration ; - (f) where a statement is served upon the operator under clause (a), he shall, not less than forty-eight hours before the execution of the alteration is required to bo commenced, furnish such security and serve upon the owner a notice in writing intimating the time when the alteration is required to be commenced, and the manner in which it is required to `h` made; and thereupon the owner `mag` - proceed `F` 2 [ACT `IX` Electricity. 68 (Part II.-Supply of Energy.) - 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 clause (a, 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 clause (f) may be recovered by him from the operator. (9) Where the licensee 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 thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration.