or railway—
(a) enter upon such land, street, road, footpath, waterway or railway and there
construct or maintain or remove any telecommunication line or pipe or conduct
any other work necessary for such lines upon, under, over, along or across any
such land, street, road, footpath, waterway or railway; and
(b) alter or cause to be altered the position, under the ground, of any pipe other
than a sewer, drain or mains for the supply of water, gas or electricity.
(2) The local authority or person to which or to whom any such pipe belongs or
by which or by whom it is used shall be entitled, while work in connection with the
removal or alteration in the position thereof is in progress, to supervise that work, and
the licensee shall pay all expenses incurred by such local authority or person in
connection with such removal or alteration or in connection with the supervision of the
work relating to such removal or alteration.
7.
Gates in fences
(1) Where any fence erected on land over or under which a telecommunication
line is constructed or is to be constructed renders or would render it impossible or
inconvenient for the licensee to obtain access to that land for any purpose of the Act, the
licensee may, at his expense, erect and maintain gates in that fence, and shall provide
duplicate keys therefor, one of which shall be given to the owner or occupier of such
land.
(2) A licensee intending to erect a fence on land over or under which a
telecommunication line is constructed or is to be constructed shall give the owner or
occupier of that land not less than 21 days' notice, in writing, of his intention to do so.
8.
Trees obstructing telecommunication lines
Where telecommunication is or may be interfered with or endangered by a tree or
undergrowth, the licensee may, at his expense, cause such tree or undergrowth to be
cut down or trimmed:
Provided that where circumstances permit the licensee may grant the owner or
occupier of the land the opportunity of carrying out the necessary cutting down or
trimming.
9.
Electrical works, etc., to conform to requirements
(1) Any person intending to erect, move or alter any line for the transmission of
electricity shall, before erecting, moving or altering such line, obtain the written approval
of the licensee, and the licensee shall be entitled to require such alterations in the route
or manner of constructing or moving the said line as shall ensure that the proposed line
shall not injuriously affect any existing or proposed telecommunication line.
(2) Where any line for the transmission of electricity is so constructed as to
injuriously affect any telecommunication line or any proposed telecommunication line,
the owner of such line for the transmission of electricity shall make such alterations
thereto as the licensee may determine:
Provided that if it is more economical or practical to do so, the licensee shall, at
his own expense, move or alter the telecommunication line in question.
(3) The cost of any alteration made to, or movement of, existing lines for the
transmission of electricity to avoid interference with proposed telecommunication lines
shall be borne by the licensee provided that electricity line was lawfully erected; in all
other cases the cost of alteration or movement shall be borne by the owner of the
electricity line.
10. Height and depth of lines
(1) The height of aerial telecommunication lines along any land, street, road or
footpath shall be at least 3m, and that of any aerial telecommunication line crossing any
such land, street road or footpath shall be at least 5m above the surface of the ground;
Copyright Government of Botswana