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17.   Company may enter lands

Revised Laws of Saint Lucia (2021)

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17.   Company may enter lands

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    (1)   In the course of construction and for the more effective working of the undertaking, the Company may enter upon and remove from any public or private land, any tree or any branch, bough or other part of a tree growing on such land within 100 feet of any electric line and which may tend to interfere with, endanger or otherwise prejudicially affect the working of the undertaking; but the Company may not, except with the consent of the owner or occupier of such land, enter upon any private land under this section until after the expiration of 15 days' notice in writing given to the owner or occupier thereof or posted up conspicuous thereon.

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    (2)   If such owner or occupier, within 7 days from the service or posting up of such a notice, gives written notice of his or her objection thereto, the matter must be referred by the Company to the Minister, and the Company may not enter upon the private land in question unless the Minister, within 15 days of being notified by the Company of any such objection as aforesaid, so directs.

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    (3)   Where any condition exists which is dangerous or is interrupting or threatens to interrupt, the supply of electricity in Saint Lucia or any part thereof, the Company may immediately enter upon any private land without the consent of the owner or occupier thereof and take whatever action is necessary to establish safe conditions or to ensure the continuity of the supply of electricity.

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    (4)   Where the Company takes action under subsection (3) the Company must within 3 days, inform the owner or occupier of the land in question (either by service of a written notice on him or her or by posting up conspicuously a notice on such land) of the action taken.

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    (5)   Except with the written consent of the Company, no person may erect any building or structure in such a position or manner as may interfere with the supply of electricity through any overhead electric line which belongs to the Company; if after any such overhead line has been constructed, any person erects any building or structure which interferes with or which may interfere with the proper working of such line, the Company may request the owner or occupier of the building or structure in question to remove or adjust the same as may be necessary.

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    (6)   If such owner or occupier fails to comply with such request, the Company may apply to the Minister for the removal or adjustment of the building or structure in question and, after making any such enquiry as he or she may deem necessary, the Minister may make such order as he or she deems fit.

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    (7)   Every such order may, by leave of the High Court, be enforced in the same manner as an injunction granted by the High Court.

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