Final Draft/Rev.5

(b)

crossing any land, street road or footpath, at least 5
metres above the surface of the ground; and

(c) crossing a main road or railway, at least 60 centimetres
below the surface of the ground.
(2) A licensee shall take such steps, at its own expense, as it
considers it necessary to effect relief to the owner or occupier of any
land who proves, to the satisfaction of the licensee, that he or she is
obstructed in the free use of the land by reason of the insufficient
height or depth of any telecommunication line.

Alteration of
works at request
of local
authority or
other person

40. (1) Where, as a result of any works undertaken by a local authority
or any person, it becomes necessary to alter any pre-existing
telecommunication line, the cost of such alteration shall be borne by
such local authority or person.
(2) Where any telecommunication line passing over private
property interferes with any building about to be erected on that
property, the owner or occupier of that property shall so notify the
licensee responsible for that line in writing, and also, at the same time,
provide proof that such building is to be erected.
(3) The licensee shall, within four weeks of receiving such
notification and proof referred to in subregulation (2), cause the line to
be altered in such a manner as will remove all obstacles to building
operations.
(4) Where the owner or occupier of any land through which a
telecommunication line passes requests a licensee to alter or move any
telecommunication line for any reason other than as provided in
subregulation (2), the licensee shall, within 28 days of such request,
either comply with the request or, if it does not so comply, so inform
the owner or occupier in writing, giving reasons for its decision not to
comply.
(5)
Where there is no agreement between the licensee and
the owner or occupier of land referred to in subregulation (4), the
matter may be referred to the Authority for determination.

Damage to
property or
injury to
persons

41. (1) A licensee shall, in carrying out any work required for its
purposes –
(a) exercise due care;
(b) carry out such work with regard to the safety and
convenience of the owners or occupiers of the land, street,
road, footpath, waterway or railway upon which the work
is carried out;
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