No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
85
COMMUNICATIONS ACT, 2009
(b)
that the land or right concerned is reasonably required by the licensee
for the purposes of the undertaking proposed by the licensee and that
the undertaking cannot be performed by the use of infrastructure shared
with another licensee; and
(c)
that it is in the public interest that the land or right be acquired by the
licensee.
(3)
In order to report to the Cabinet on the matters referred to in paragraphs
(a), (b) and (c) of subsection (2), the Board must –
(a)
hold a public hearing to receive evidence and collect information
relevant to those matters; and
(b)
give at least 14 days’ written notice of the hearing to the licensee and to
the owner concerned.
(4)
At a hearing in terms of subsection (3), the owner may raise any
objection against the expropriation.
(5)
Neither the Cabinet nor the Authority may make a finding regarding
compensation payable to the owner and, in the event of the licensee and owner failing
to reach agreement as to compensation, the compensation payable must be determined
in accordance with the provisions of the Expropriation Ordinance, 1978 (Ordinance 13
of 1978).
(6)
If the Cabinet under subsection (1) grants approval for the expropriation
of any land or right, such expropriation must be effected by the licensee in accordance
with the provisions of sections 5 to 18 inclusive of the Expropriation Ordinance, 1978,
and in the application of those provisions any reference –
(a)
to “the Executive Committee” and to “the Administration” must be
construed as a reference to the licensee concerned; and
(b)
to “section 2” of that Ordinance must be construed as a reference to this
section.
(7)
Nothing in this section affects the powers of the Namibian Broadcasting
Corporation to expropriate land referred to in section 23 of the Namibian Broadcasting
Act, 1991 (Act No. 9 of 1991).
Regulations
129.
(1)
(a)
prescribing the forms and procedures for any application made to the
Authority;
(b)
regulating any matter relating to the operation of radio installations on
board ships within the territorial waters of Namibia and on aircraft in or
flying over Namibia;
(c)
relating to the control and prevention of electrical or other interference
with radio reception;
The Authority may make regulations –