(1) Where an energy
operator opens or breaks up the surface of any street or pavement the energy
operator shall —
(a) with
all convenient speed complete the work for which it is broken up, and fill in
the ground, and reinstate and make good the surface so opened or broken up;
and
(b)
while any portion of the street or pavement continues to be opened or broken
up, cause that portion of the street or pavement to be clearly marked with
warning notices or otherwise guarded and a sufficient light to be kept there
at night.
(2) An energy operator
shall indemnify and keep indemnified any local or other authority from and
against all actions, claims, proceedings, loss, damage, costs, or expenses for
which that authority may be liable arising from or relating to any acts or
omissions of the energy operator done or omitted to be done contrary to
subsection (1) in relation to any street or pavement under the control and
management of that authority.
[Section 53 amended: No. 89 of 1994 s. 39, 40 and
41; No. 58 of 1999 s. 83.]