Section 37A: Wayleave determination

37A. Wayleave determination (1) Where a licensee has reasonable grounds to believe that it is necessary or expedient for it to install or keep installed electric lines, equipment and poles, under or over any land, it shall give written notice to the owner or occupier of the land requiring him to grant the necessary wayleave within a period of not less than 21 days. (2) Where the owner or occupier of the land is untraceable, the licensee shall cause a notice to be posted up in a conspicuous place on the land for a period of not less than 21 days. (3) Where the owner or occupier of any land who has been given a notice by a licensee under subsection (1) – (a) objects or refuses to give the wayleave before the end of the period specified in subsection (2) or gives the wayleave subject to terms and conditions which are not acceptable to the licensee; and (b) the licensee is unable to reach an agreement with the owner or occupier of the land within a period of 60 days from the date of issue of the notice, the licensee may apply to the Authority to determine the grant of the wayleave. (4) On receipt of an application under subsection (3), the Authority shall, in writing, require – (a) the occupier of the land; and (b) where the occupier is not the owner of the land, the owner, to show cause, within 7 days of the date of the application, why the necessary wayleave should not be granted or why the terms and conditions of the wayleave are not acceptable by the owner or occupier. (5) A licensee and the owner or occupier of the land shall, in relation to the determination of a wayleave referred to in subsection (3), submit such information as the Authority may deem necessary. (6) The Authority may, within 14 days from the date of the application or from the date on which the licensee and the owner or occupier of the land submits the information referred to in subsection (5), determine the application. (7) Where the Authority grants the application, it shall make recommendations to the Minister to initiate the procedure to compulsorily acquire the wayleave. (8) Where the Minister approves the recommendation of the Authority, the wayleave shall be deemed to be required for a public purpose and may, under the Land Acquisition Act, be acquired by the Minister and transferred to the licensee. (9) In this section – “Minister” means the Minister to whom responsibility for the subject of housing and lands is assigned. (e) in the Schedule, by inserting, after paragraph 1, the following new paragraph –