Section 35: Power to remove obstruction and interference

35. Power to remove obstruction and interference (1) Where any tree or hedge— (a) obstructs or interferes with the construction, maintenance or operation of any existing electric line which is owned by any licensee; or (b) is likely to interfere with the maintenance or working of such line, the licensee may give notice to the owner or occupier of the land on which the tree or hedge is growing, requiring him to lop or cut the tree or hedge so as to prevent the obstruction or interference. (2) Where under subsection (1) a notice is served upon a person who, although the occupier of the land on which the tree or hedge is growing, is not the owner, a copy of the notice shall also be served upon the owner if known. (3) Where a person upon whom a notice has been served under subsection (1)— (a) fails to comply with the notice within 7 days of receipt of the notice; and (b) neither the owner nor the occupier of the land gives a counternotice under subsection (4), the licensee may cause the tree or hedge to be lopped or cut so as to prevent obstruction or interference. (4) Where, within 7 days from the giving of notice under subsection (1), the owner or occupier of the land on which the tree or hedge is growing gives a counter-notice to the licensee objecting to the notice, the matter shall, unless the counter-notice is withdrawn, be referred to the Authority. (5) The Authority may, after giving the parties an opportunity of being heard, make such order as it thinks just, and any such order may empower the licensee, after giving such reasonable previous notice to any person by whom such counter-notice was given of the commencement of the work as the order may direct, to cause the tree or hedge to be lopped or cut so as to prevent obstruction or interference. (6) The licensee shall— (a) ensure that the tree or hedge is lopped or cut in a workmanlike manner so as to do as little damage as possible to any tree, fence, hedge and growing crop, and shall cause the boughs lopped to be removed and in accordance with such reasonable directions given by the owner or occupier; and (b) make good any damage done to the land. (7) Any expense involved in the removal of any interference or obstruction under subsection (5) shall be borne by the licensee. [Issue 1] E4 – 16 Revised Laws of Mauritius (8) Where, for the purpose of the construction or maintenance of any electric line, it is necessary to fell any tree, this section shall apply to the felling of trees in like manner as it applies to the lopping of trees.