32.(1) Subject to subsection (2), an operator may ­ (a) construct, place, and maintain lines in, on, along, over, across, or under any road; and (b) for any of those purposes, open or break up any road, and alter the position of any pipe (not being a main) for the supply of water or gas; and (c) alter, repair, or remove those lines or any part of those lines. (2) An operator must exercise the powers under subsection (1) in accordance with any reasonable conditions that the local authority or other person which has jurisdiction over that road requires. (3) Except as provided in section 33, before an operator proceeds to open or break up any road, the operator must give to the local authority or other person which has jurisdiction over the road written notice of the intention to carry out the work. (4) Every notice must specify the location of the proposed work, the nature of the work to be carried out, and the reasons for it. (5) No later than 15 days after the receipt of the written notice of the intention to carry out work, the local authority or other person which has jurisdiction over the road must notify the operator in writing of any conditions imposed under subsection (2). (6) If a local authority or other person which has jurisdiction over the road fails to notify the operator of conditions under subsection (2) within the 15 day period referred to in subsection (5), the conditions may not be imposed, and the operator may commence work. Urgency 33. If work is urgent and necessary because of any defective equipment, or other emergency, the operator— (a) is excused from complying with the requirements of section 32(3) before commencing the work; but (b) must give the information required by section 32(4) as soon as practicable after commencing the work. Non-compliance with sections 32 and 33 34.(1) An operator who fails to comply with sections 32 or 33 commits an offence. (2) An operator who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding $10,000. (3) In addition to any fine imposed under subsection (2), the Court may make any order relating to compensation that it thinks fit. Appeals 35.(1) An operator may appeal to a Magistrates’ Court against all or any of the conditions imposed under section 32(2) by the local authority or other person which has jurisdiction over the road. (2) An appeal must be made not later than 45 working days after the date of notification of the conditions imposed. (3) In its determination of any appeal, a Magistrates’ Court may confirm, modify, or cancel any or all of the conditions imposed. (4) The decision of a Magistrates’ Court in the determination of an appeal under this section is final. Alteration to line 36.(1) The owner of land or some other person who requires a line or work to be altered or a service to be interrupted so that the owner or other person has reasonable use of the land, shall give the operator not less than one month’s notice in writing of the requirement. 13 13