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42
NO. 10 OF 2001


(7) If no objection is lodged within the period specified in subsection (6), the licensee may on expiry of the period specified in the notice, enter on the land and do all or any of the acts specified in the notice.

(8) Where an objection lodged under subsection (6) is not withdrawn before the date fixed for an inquiry into the matter under that subsection, the Authority shall hold an inquiry, giving each party an opportunity to be heard.

(9) Subject to subsection (10), upon the conclusion of the inquiry, the Authority may authorise, either unconditionally or subject to such terms, conditions and stipulations as it thinks fit, the carrying out of any of the acts specified in the notice given under subsection (5).

(10) Any person aggrieved by any decision of the Authority under subsection (9) may, within 14 days of the conclusion of the inquiry, appeal to the Minister whose decision shall be final.

(11) The generation licensee, market support services licensee or transmission licensee shall do as little damage as possible in the exercise of the powers conferred by subsection (1) and shall, as soon as practicable, make good any damage done in the exercise of those powers.

(12) Where any dispute arises as to whether a generation licensee, market support services licensee or transmission licensee has sufficiently made good any damage done in the exercise of the powers conferred by subsection (1), the dispute—

(a) may be referred to the Authority by either party; and
(b) on such a reference, shall be determined by the Authority whose decision shall be final and conclusive between the parties.

(13) A generation licensee, market support services licensee or transmission licensee shall exercise the powers conferred by subsection (1) in such manner as will secure that nothing which it installs or keeps installed under, over, in, on, along or across any premises, street or bridge becomes a source of danger to the public.

(14) A generation licensee, market support services licensee or transmission licensee shall not, when exercising the powers conferred by subsection (1), be liable for or required to pay any person any fee, charge or expense for the right to enter or use any land or premises.