351
(2)
(3)
(4)
(5)
Provided that in doing so it does not interfere unduly with the use and
enjoyment of such public property.
Prior to constructing ox installing any telecommunication facility or public
property, a public telecommunication service provider shall obtain approval
of the relevant administrative authority with responsibility for
entry, construction or installation of any facilities on property under the
responsibility of that authority, which approval shall not be unreasonably
denied.
Where approval is denied or terms and conditions of approval are not
acceptable, a telecommunication service provider shall appeal to the
Minister responsible for that administrative authority ox body and where
no administrative authority or body is specifically charged with
responsibility for authorising such use, the telecommunication service
provider shall appeal to the Minister responsible for land.
The Authority shall establish procedures and guidelines for approval to
use telecommunications facilities on public property and in addition it
may establish guidelines for the use of existing conduits, towels and other
structures.
Any authority or body charged with responsibility to approve the use
of public property shall, in considering applications to use public property,
take into account the following factors
(a) the efficient and economic use of public resources;
(b) the security of officials and the records located on such property
and operations that take place on such property;
(c) public safety and convenience;
(d) the economic, social and other benefits of the proposed land use;
(6)
(e) compliance with applicable environmental laws and policies.
For the purpose of this section, “public property” includes roads, streets,
road reserve, buildings, railways, footpaths, waterways and land reserved
for public purposes.
Use of private property
56
(1)
Where the acquisition of any private property or an interest in any private
property by a public telecommunication service provider is reasonably
required for the purposes of providing telecommunication services to the
public and no reasonable alternatives to such acquisition exist, the provider
shall –
(a) provide notice of the proposed acquisition to the owner of the property
and other property owners who reasonably could be expected to
be affected by the proposed acquisition, and seek their written