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No. 28743
Act No. 36, 2005
GOVERNMENT GAZETTE, 18 APRIL 2006
ELECTRONIC COMMUNICATIONS ACT, 2005
(2) Any person intending to erect any such fence must give the electronic
communications network service licensee notice in writing of not less than six weeks of
his or her intention to erect such fence.
Trees obstructing electronic communications network facilities
27. (1)Any tree or vegetation which in the opinion of an electronic communications
network service licensee—
(a) obstructs or interferes; or
(b) is likely to obstruct or interfere,
with the working or maintenance of any of the electronic communications network
services licensees’ electronic communications network or electronic communications
facilities, pipes, tunnels or tubes, whether growing upon—
(i) State-owned land;
(ii) any road; or
(iii) private land,
must, after reasonable notice to the owner or occupier of the land, be cut down or
trimmed by the authority responsible for the care and the management of such Stateowned land, road or private land, in accordance with its requirements or by the owner or
occupier of such private land, as the case may be, at the expense of the electronic
communications network service licensee.
(2) In the event of failure to comply with a notice referred to in subsection (1)(b), the
electronic communications network service licensee may cause the said tree or
vegetation to be cut down or trimmed as the electronic communications network service
licensee may consider necessary.
(3) Where the electronic communications network or electronic communications
facility is actually interfered with or endangered by any such tree or vegetation, the
licensee may remove such tree or vegetation without any such notice.
(4) In taking any action in terms of subsections (1), (2) or (3), due regard must be had
to the environmental law of the Republic.
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10
15
20
25
Height or depth of electronic communications network facilities
28. (1)(a) Aerial electronic communications networks or electronic communications
facilities along any railway or public or private street, road, footpath or land must be at
the prescribed height above the surface of the ground.
(b) The electronic communications network service licensee must place electronic
communications networks and electronic communications facilities, pipes, tunnels and
tubes at the prescribed depth below the surface of the ground.
(2) If the owner of any private land proves to the satisfaction of an electronic
communications network service licensee that he or she is obstructed in the free use of
his or her land because of the insufficient height or depth of any electronic
communications network or electronic communications facility, pipe, tunnel or tube
constructed by the electronic communications network service licensee, the electronic
communications network service licensee may, subject to the provisions of sections 22
and 25, take such steps as he or she may consider necessary for giving relief to that
owner.
(3) In taking any action in terms of this section, due regard must be had to the
environmental laws of the Republic.
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35
40
45
Electrical works
29. (1)Any person who constructs, equips or carries on any railway or works for the
supply of light, heat or power by means of electricity, must—
(a) conform to the requirements of an electronic communications network service
licensee for the prevention of damage to any of its electronic communications 50
network and electronic communications facilities or works by such construction;
(b) before commencing the construction of any such railway or works, give 30
days prior written notice to the electronic communications network service
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licensee of his or her intention to commence the construction; and