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Compulsory acquisition of rights in or interests over land
for telecommunication purposes
2.(1) Subject to subparagraph (3), a licensee may, with the approval of the Authority and the
Minister responsible for lands and subject to such conditions as that Minister may impose,
compulsorily acquire any servitude or other interest in or right over land required⎯
(a) for the purposes of constructing or maintaining a telecommunication line and the
buildings and exchanges and other apparatus connected therewith; and
(b) for an access road to a site referred to in paragraph (a) or for the construction and use
of such road; and
(c) for the erection of power lines and for the maintenance and inspection of such lines.
(2) The Authority and the Minister responsible for lands shall not grant approval in terms of
subparagraph (1) except after consideration of the following reports, namely⎯
(a) a report by the licensee concerned that⎯
(i) the licensee is unable to acquire the servitude, interest or right upon reasonable
terms by agreement with the owner; and
(ii) it is necessary that the servitude, interest or right be acquired by the licensee for
a purpose referred to in subparagraph (1);
and
(b) a report by the Ministry responsible for the environment made on behalf of the licensee
by a person qualified to make such reports assessing the anticipated impact on the
environment of any works to be undertaken for a purpose referred to in subparagraph
(1), and recommending any measures to be taken to assess, prevent or minimize such
impact.
(3) Parts III, V and VIII of the Land Acquisition Act [Chapter 20:10] shall apply, mutatis
mutandis, to the exercise by a licensee of his powers in terms of subsection (1).
Use of buildings and structures to support telecommunication lines, etc.
3.(1) Subject to this paragraph, a licensee may, on one month’s written notice to the owner
or occupier of the building or structure concerned, attach wires, stays or any other kind of
support to any building or other structure for the purpose of facilitating or constructing a
telecommunication line.
(2) If the owner or occupier of any land objects to the exercise of the powers referred to in
subparagraph (1), 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 one month 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.
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