Revised Laws of Saint Lucia (2021)

PART 3
POWERS LIABILITIES AND EXEMPTIONS OF COMPANY

8.   Powers of Company

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   (1)   Where in the exercise of its powers under this Act the Company finds it necessary to enter upon any land or property in accordance with the provisions of this section, the Company shall so locate all poles, lines, apparatus or equipment as not in any way to obstruct or hinder the use or development of such land or property.

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   (2)   Subject to subsection (3), the Company may —

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      (a)     erect or fix in, on, under or over any land, any pipes, electrical lines or other works or apparatus used or to be used in the installation or operation of the undertaking;

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      (b)     alter, substitute, repair or remove any such pipes, electrical lines, works or other apparatus when so erected or fixed at any time when, in the opinion of the Company, such undertakings are necessary or desirable.

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   (3)   In the exercise of its power under subsection (2)(a), the Company must first serve written notice of its intention on the owner or occupier of any private land or property if the name and address of such owner or occupier can reasonably be ascertained and if the name and address of such owner or occupier cannot reasonably be ascertained the Company must post such notice in a conspicuous place on the land or property in question, and if such owner or occupier, within 15 days of such notice, gives written notice to the Company of his or her objection thereto, the matter must be referred by the Company to the Minister; and the Company may not enter upon private land or property in question if the Minister, within 15 days of being notified by the Company of any such objection so directs.

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   (4)   The Company may, for the purpose of erecting, fixing, altering, substituting, repairing or removing any such pipes, electrical lines or other apparatus, enter upon any land and may —

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      (a)     clear such land;

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      (b)     dig the soil and remove the surface of such land;

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      (c)     temporarily close or obstruct such land; and

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      (d)     generally do all acts and things necessary for such purpose.

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   (5)   Where there is a change of ownership of any land or property, then although the Company has complied with subsection (3), the new owner has the right to request the Company through the Development Control Authority, to relocate on another part of his or her property or move completely from his or her property any or all of the Company's poles or lines, and the Company shall accede to any such request if the Authority confirms that any such poles or lines occupy the only available area of the said property where any structure may be built or extended.

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   (6)   Where the cost of relocation or removal exceeds $750 such owner shall pay such proportion of the excess as may be determined by the Company as fair and reasonable.

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   (7)   The Company shall do as little damage as possible in carrying out any of the works permitted by this section.

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   (8)   Subject to this Act, the Company may on application grant a consumer or intended consumer permission to erect or cause to be erected poles, lines, apparatus and other equipment on his or her property for the supply of electricity to his or her property; but such operation must be supervised by the Company and the consumer or intended consumer will be required to pay a reasonable fee for such supervision.

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   (9)   The Company may on application grant to an electrical contractor approved by the Company and by Government permission to construct lines for the transmission of electricity anywhere in the State; and such contractor shall comply with the requirements of the regulations made under this Act and any other conditions which may be specified by the Company.

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   (10)   For the purposes of this section, “Development Control Authority” means the Development Control Authority established by section 3 of the Land Development (Interim Control) Act.