Section 39: Entry on premises

39. Entry on premises (1) A licensee may, subject to reasonable notice being given to the owner or occupier of a property and upon the consent of the owner or occupier, enter the property for the purposes of installation of any electric line or [Issue 1] E4 – 18 Revised Laws of Mauritius electrical facilities on that property, or the maintenance of such electric line or electrical facilities. (2) (a) Where the Authority, upon a representation made by a licensee, is of the view that it is in the public interest that a licensee be granted a right of entry on any property, the Authority may apply to the Judge in Chambers for an order granting the licensee the right to enter such property. (b) The application shall specify the property and the purpose for which the order is sought. (c) Where an order is granted, it shall specify the property and the purpose for which it is granted. (d) The cost of the application shall be borne by the licensee. (3) Where the property is injuriously affected or has suffered some depreciation as a result of the installation or maintenance of any electric line or electrical facilities, the licensee shall compensate the owner of the property for such injury or depreciation. (4) Where there is no agreement on the amount of compensation referred to in subsection (3), the licensee shall refer the matter to the Authority, which shall determine the amount of compensation to be paid to the owner. (5) The Authority may be assisted by such person with expertise in property valuation as it may deem necessary, in exercising its powers under subsection (4). (6) Where a person is dissatisfied with the determination of the Authority, he may appeal to the Tribunal within 21 days of the determination. (7) The cost of the determination and of any appeal to the Tribunal that may be incurred by the Authority shall be borne by the licensee.