No. 4378
Act No. 8, 2009
Government Gazette 16 November 2009
47
COMMUNICATIONS ACT, 2009
(3)
If the owner of any private land is obstructed in the free use of his or
her land by reason of the insufficient height or depth of any telecommunications wire,
cable or other facility, pipe, tunnel or tube constructed by that carrier, the carrier must
take such steps as are necessary for giving relief to that owner.
Railways and electrical works
67.
(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 conform
to the requirements of a carrier for the prevention of any of its telecommunications
facilities or works being injuriously affected thereby, and must, before commencing
the construction of any such railway or works, give one month’s notice in writing to
the carrier of his or her intention to commence the construction, and must furnish the
carrier with a plan of the proposed railway or works, together with particulars showing
the manner and position in which the same are intended to be constructed, executed and
carried on and such further information relative to the proposed railway or works as the
carrier may require.
(2)
If it appears to the carrier that the construction, equipment or operation
of such railway or works is likely to affect injuriously any of its telecommunication
facilities or works, or if any of such facilities or works are injuriously affected by the
construction, equipment or operation of any such railway or works, the carrier must
give reasonable notice of the actions required to stop such injurious effect to the person
concerned, and any person who, after receiving any such notice, fails to comply with
such notice is liable to the carrier in damages, recoverable by action in a competent
court, of N$50 for every day on which the person concerned has not complied with such
notice or the injurious effect continues, and must in addition make good any damage
or expense suffered by the carrier by reason of the failure to comply with the carrier’s
requirements.
Carriers to perform functions in prescribed manner
68.
(1)
A carrier must perform its functions in terms of this Chapter in
accordance with the regulations contemplated in subsection (2).
(2)
The Authority may prescribe –
(a)
the manner, form and period of notice to be given by a carrier to any
person or public body in connection with the performance by the carrier
of functions contemplated in this Part;
(b)
the procedure to be followed and consultations to be held between a
carrier and any affected person or public body.
Authority to adjudicate in disputes between owners of property and carriers
69.
(1)
Unless the provisions of this Chapter expressly provide
otherwise, any party to a dispute regarding the exercise of the rights conferred upon a
carrier in this Part, may only be adjudicated upon by the Authority.
(2)
Any party to a dispute referred to in subsection (1) may refer the
dispute in the prescribed manner to the Authority.