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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.
(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).
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