Removal of telecommunication lines
5.(1) If it is necessary to alter or remove a telecommunication line owing to any work or operations on the
part of the State or a local authority or other person, the cost of the alteration or removal shall be borne by the
State or the local authority or other person concerned.
(2) If a building is about to be erected on any land and any telecommunication line passing under or over the
land will interfere with building operations, the licensee concerned shall, within one month of being required in
writing to do so, undertake such alteration or deviation of the telecommunication line as may be necessary to
remove the interference.
(3) If a licensee is satisfied that any alteration or deviation of a telecommunication line that is desired for any
reason, other than that mentioned in subparagraph (2), is possible, necessary or expedient, the licensee shall,
within one month of being required in writing to do so, undertake the alteration or deviation, and the cost of
carrying out any such alteration or deviation shall be borne by the person at whose request it is made.
(4) If by reason of
(a) any excavation, blasting, mining or quarrying operations; or
(b) deposits of mining debris or the making of drains, railways or other cuttings or any other operations; or
(c) fumes or effluent from any factory, power station or other such premises; or
(d) the construction of any dam;
any telecommunication line is damaged or, in the opinion of the licensee who erected it, the safety or stability of
any telecommunication line is endangered or likely to be adversely affected, the licensee may repair, deviate or
alter the telecommunication line and the cost of such repair, deviation or alteration shall be borne by the person by
whom or on whose behalf the operations referred to in paragraph (a) or (b) were conducted, the premises referred
to in paragraph (c) were operated or the dam was constructed, as the case may be:
Provided that, where the alterations or deviations which are necessary or expedient are, in the opinion of the
licensee, extensive, the licensee may charge the person concerned such proportion of the cost of the alteration or
deviation as the licensee, with the consent of the Authority, considers fair or reasonable.
Erection of gates for access to telecommunication lines
6.(1) If a fence on any land, including State land, makes it impossible or inconvenient for a licensee to gain
access to his telecommunication line, the licensee may, at his own expense, erect and maintain a gate in that fence.
(2) A licensee who has erected a gate in terms of subparagraph (1) shall provide a lock for the gate and
supply a key for the lock to the owner or occupier of the land on which the gate is erected.
(3) Any person intending to erect a fence that would render it impossible or inconvenient for a licensee to
obtain access to his telecommunication line shall give the licensee one month’s notice in writing of his intention
to erect the fence.
Trees obstructing telecommunication lines
7.(1) Trees or undergrowth which, in the opinion of a licensee, obstruct or interfere with or are likely to
interfere with the working or maintenance of any telecommunication line shall, on fourteen days’ notice by the
licensee and to such extent as the licensee may consider necessary, be cut down or trimmed
(a) by the authority responsible for the care and management of the land, road or street concerned, where
the trees or undergrowth are growing on State land, other than State land which has been leased, or on
Communal Land or on a road or street;
(b) by the owner or occupier of the land, concerned, in any other case.
(2) If the authority, owner or occupier referred to in subparagraph (1) objects to the exercise of the powers
referred to in that subparagraph, he may lodge written notice of his objection and his reasons therefor with the
licensee concerned and, on receipt of such objection, the licensee shall refer the matter to the Authority, whose
decision shall be final:
Provided that an objection shall be lodged within fourteen days of receipt of the notice given in terms of
subparagraph (1)
(3) Before making any decision or order in terms of subparagraph (2), the Authority shall give to all parties
concerned a reasonable opportunity of making representations, either in person or in writing.
(4) The Authority shall uphold an objection made in terms of subparagraph (2) if it is shown to its
satisfaction that the obstruction to or interference or likely interference with the telecommunication line in
question can be avoided without cutting down or trimming any trees or undergrowth and without unreasonable
extra cost to the licensee.
(5) The reasonable expenses incurred in cutting down or trimming trees or undergrowth in terms of
subparagraph (1) shall be borne by the licensee concerned.
(6) Subject to this paragraph, if the authority, owner or occupier referred to in subsection (1) fails to comply
with a notice given by the licensee in terms of that subparagraph, the licensee may enter upon the land, road or
street, as the case may be, in question and cut down or trim the trees or undergrowth to the extent he considers
necessary.
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