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(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
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