Electronic Communications Act, 2008
ACT 775
Repair and restoration
55. (1) Where a network operator damages a utility installation in
the process of carrying out road works, the operator shall immediately
notify the utility installation owner and repair the damage to the utility
installation within two weeks and the costs arising from the repairs shall
be borne by the network operator.
;
(2) A network operator shall, complete road works and restore the
road and public grounds, including the removal of debris, to the satisfaction
of the relevant authority as quickly as possible and within two weeks
after completion of the road works.
(3) A network operator which fails to comply with subsection (2)
is liable for the expenditure incurred in the restoration of the road and
public grounds and for any other loss caused to another person.
Access to lands for inspection and maintenance
56. (1) An operator duly authorised in writing by the relevant authority
may, at any reasonable time, enter and survey public land in order to
ascertain whether the land is suitable for the operation of the operator's
electronic communications network.
(2) Where, in the exercise of the power conferred by this section,
(a) damage is caused to land or to chattels, or
(b) a person is disturbed in the enjoyment of land or chattel,
the operator shall make good the damage or pay compensation for the
damage to or disturbance of the person whose interest in the land or
chattels has been affected.
(3) An operator in the inspection of land, installation of facilities,
or maintenance of facilities shall
(a) act in accordance with good engineering practice,
(b) protect the environment,
(c) protect the safety of persons and property, and
(d) ensure that the activity as far as practicable does not interfere
with the operations of a public utility, road, path, the
movement of traffic, or the use of public grounds.
Installation of facilities on private land or buildings
57. (1) An operator may install and maintain facilities along, on or
over land or in a building and may enter any land or place, maintain a
facility and repair or renew a facility on that land or place.
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