(4) Without derogating from the generality of subsection (2), the exceptions and conditions there mentioned
shall include such exceptions and conditions as appear to the Authority to be necessary or expedient for the
purpose of securing
(a) that the physical environment is protected;
(b) that there is no greater damage to streets or interference with traffic than is reasonably necessary;
(c) that funds are available for meeting any liabilities which may arise from the exercise of any rights or
powers applied in terms of subsection (2).
(5) Not later than fourteen days after the publication in terms of subsection (5) of section thirty-seven of the
telecommunication licence of a licensee to whom any of the provisions of the Third Schedule have been applied in
terms of subsection (1), any person having an interest in the matter may lodge an objection with the Authority in
the form and manner prescribed against the application of any or all such provisions to the licensee concerned.
(6) On receiving an objection in terms of subsection (5) the Authority, after affording all the parties
concerned a reasonable opportunity of making representations to it, either in person or in writing, may uphold the
objection in whole or in part and amend the licence accordingly or dismiss the objection, and shall notify each
party concerned in writing of its decision and of the reasons for it.
(7) Section ninety-six shall apply to any person who is aggrieved by any decision of the Authority made in
terms of subsection (6).
(8) Subsections (5), (6) and (7) shall not apply to the application of any of the provisions of the Third
Schedule to the appropriate successor company.
64 Use of certain conduits for telecommunication purposes
(1) In this section
“authority” includes a local authority and statutory body;
“conduit” includes a tunnel or subway;
“relevant conduit” means
(a) any conduit which, whether or not it is itself an electricity transmission line, is maintained by an
electricity authority for the purpose of enclosing, surrounding or supporting such a line,
including, where such a conduit is connected to any box, chamber or other structure (including a
building) maintained by an electricity authority for purposes connected with the conveyance,
transmission or distribution of electricity, that box, chamber or structure; or
(b) a water main or any other conduit maintained by a water authority for the purpose of conveying
water from one place to another; or
(c) a public sewer.
(2) The functions of an authority with control of a relevant conduit shall include the power
(a) to carry out, or to authorise any person to carry out, any works in relation to that conduit for or in
connection with the installation, maintenance, adjustment, repair or alteration of telecommunication
apparatus; and
(b) to keep telecommunication apparatus installed in that conduit or to authorise any other person to keep
telecommunication apparatus so installed; and
(c) to authorise any person to enter that conduit to inspect telecommunication apparatus kept installed there;
and
(d) to enter into agreements on such terms (including terms as to the payments to be made to the authority)
as it thinks fit, in connection with the doing of anything authorised by or under this section; and
(e) to carry on an ancillary business consisting in the making and carrying out of such agreements.
(3) Where any enactment expressly or impliedly imposes any limitation on the use to which a relevant
conduit may be put, that limitation shall not have effect so as to prohibit the doing of anything authorised by or
under this section.
(4) Where the doing by an authority with control of a public sewer of anything authorised by this section
would, apart from this subsection, constitute a contravention of any obligation imposed (whether by virtue of any
conveyance or agreement or otherwise) on the authority, the doing of that thing shall not constitute such a
contravention to the extent that it consists in, or in authorising, the carrying out of works or inspections, or
keeping of apparatus, wholly inside a public sewer.
(5) Subject to subsections (3) and (4), subsection (2) is without prejudice to the rights of any person with an
interest in land on, under or over which a relevant conduit is situated.
65 Notice of construction of railways and electricity works and control of other works
(1) Any person who desires to construct or extend any railway or any works for the supply or transmission of
electricity shall
(a) give one month’s notice in writing to the Authority of his intention to commence such construction or
extension; and
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