(7) Notwithstanding subparagraph (1), if the working of any telecommunication line is actually interfered
with or endangered by any trees or undergrowth, the licensee concerned may remove the interference or danger
without giving the notice required by subparagraph (1).
Laying of telecommunication lines under streets, etc.
8.(1) A licensee may construct and maintain a telecommunication line under any street, road or footpath, and
may alter or remove any such telecommunication line:
Provided that before doing so the licensee shall give reasonable notice to the authority or person that owns or
has the care and management of the street, road or footpath concerned.
(2) In the exercise of the powers conferred by subparagraph (1), the licensee may break or open up any street,
road or footpath and alter the position thereunder of any pipe, other than a main sewer, main drain or gas main,
and of any electric cable other than an electric main:
Provided that no alteration in the position of any such pipe or cable shall be made except under the
supervision of a person appointed by the person to whom the pipe or cable belongs or by whom it is used, unless
no such person is appointed or the person so appointed fails to supervise at the time specified in the notice for the
commencement of the work or discontinues supervision during the work.
Powers to be exercised with care and compensation for damage
9.(1) In the exercise of the powers conferred by this Schedule, a licensee shall
(a) cause as little detriment and inconvenience and do as little damage as possible; and
(b) pay compensation to any person who suffers loss or deprivation of rights through the exercise of the
powers conferred by this Schedule; and
(c) if so requested by the Authority, commission a report referred to in paragraph (b) of subparagraph (2) of
paragraph 2 before exercising any powers conferred by paragraphs 3 to 8.
(2) Parts V and VIII of the Land Acquisition Act [Chapter 20:10] shall apply, mutatis mutandis, to the
payment of compensation in terms of subparagraph (1):
Provided that any reference in Part VIII of that Act to the date of the publication of a preliminary notice in the
Gazette shall be construed as a reference to the date of the exercise by the licensee concerned of the powers
referred to in subparagraph (1).
(3) On completion of any work in connection with the construction, maintenance or repair of a
telecommunication line in the exercise of the powers conferred by this Schedule, the licensee concerned shall
promptly restore the surface of any street, road, footpath, land or railway affected thereby as nearly as reasonably
possible to the same condition as that in which it was before the work was commenced.
(4) While any street, road or footpath is opened, broken up or otherwise obstructed by the exercise of the
powers conferred by this Schedule, the licensee concerned shall cause the obstruction to be fenced or guarded
and, during the night, lighted.
Height and depth of telecommunication lines
10.(1) Aerial telecommunication wires and cables shall be carried over land at such height from the surface
of the ground as may be prescribed.
(2) An underground telecommunication line that is not carried in a pipe or duct shall be placed such distance
below the surface of the ground as may be prescribed.
(3) If the owner or occupier of any land is obstructed in the use of the land because a telecommunication line
is insufficiently high, the licensee concerned shall, subject to paragraphs 5 and 7, take such steps as may be
necessary for the removal of the obstruction.
Acquisition of right or interest in Communal Land
11. Notwithstanding anything to the contrary in this Schedule, no right over or interest in Communal Land
shall be acquired, whether compulsorily or by agreement, otherwise than in accordance with the Communal Land
Act [Chapter 20:04].
Licensee to authorise persons for purposes of Third Schedule
12. The licensee shall furnish every person authorised by him to exercise any of the powers conferred by this
Schedule with a certificate signed by or on behalf of the licensee stating that the person has been so authorised,
and such person shall produce such certificate at the request of any person affected by the exercise of the said
powers.
50
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières