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Section 26, the Local Government Act, 2004, exercising authority

Status not yet checkedthe Local Government Act, 2004, exercising authority, Sierra Leone

(1) Before commencing to break open any street or anysewer, drain or tunnel, the Company shall, give- (a) fourteen days prior notice together with a plan of the work, where the act relates to a main; and (b) seventy hours prior notice where the work relates to a service pipe, of its intention, and of the time when it proposes to commence the work, to the person or authority having such control or management of the street, sewer, drain or tunnel: Provided that in case of an emergency, notice shall be given to the person or authority having such control or management as soon as possible after the necessity of such work becomes known to the (2) Upon receipt of a notice pursuant to subsection (1), the person or authority having the control of the street, sewer, drain or tunnel, if it is maintained at the expense of the State, shall as soon as practicable send a copy of such notice to any person having in or near the street, sewer, drain or tunnel, which will or may be affected by the proposed works and shall consult with such persons as to any measures necessary. (3) The Company shall not, except in a case of emergency, break open any street, sewer, drain or tunnel, for the purpose of laying, inspecting, repairing, altering, renewing or removing any main, except in accordance with plans approved by the person or authority having the control or management of such street, sewer, drain or tunnel and it shall afford to such person or authority in or near the street, sewer, drain or tunnel, which will or may be affected, reasonable facilities for supervising the work: Provided that if any difference arises in connection with the plans or sections submitted for approval, that difference shall be referred to arbitration, and in cases where a sewer or drain is to be broken open, the arbitrator may direct the Company to execute such work as he may deem necessary for preventing any temporary interruption of drainage through the sewer or drain, and the Company shall comply with any direction given. (4) If the person or authority having the control or management of a street, sewer, drain or tunnel, after having received notice of the Company’s intentions has any questions about the sufficiency or propriety of the plans submitted to them, fail within fourteen days to submit any alternative plans to the Company or fail at the time specified in the notice to attend and exercise supervision over the work, the Company may proceed to carry out the work.

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