Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 95

PART VIII-PROTECTION OF PROPERTY OF THE COMMISSION Compensation for
interference or damage.
95. (1) Subject to this section, where-

   (a)  a person does work (whether by himself or by his servants or agents)
        in circumstances in which the person, servant or agent has reasonable
        cause to believe that the doing of the work is likely to interfere
        with or damage property of the Commission; and

   (b)  in the course of doing that work, the person, a servant of the person
        acting in the course of his employment with that person or an agent
        interferes with or damages (whether by negligent act, omission or
        otherwise) the property referred to in paragraph (a), the person is
        liable to pay to the Commission compensation for that interference or
        damage.

(2) It is a defence in any proceedings under sub-section (1) for the recovery
of compensation if the person proves that-

   (a)  before commencing the work-

        (i)    he had given notice in writing to the Commission that he
               proposed to do the work; and

        (ii)   he had given the Commission a reasonable opportunity for an
               officer or employee authorized by the Commission to confer with
               him as to the manner of carrying out the work; and

   (b)  if the Commission so required, he had permitted an officer or employee
        authorized by the Commission to be present and to observe the carrying
        out of the work.

(3) This section does not affect the liability under any other provision of
this Act or any other law of any person in respect of any interference or
damage to which this section relates but the Commission is not entitled to be
compensated both under this section and under another provision of this Act or
under any law in respect of the same interference or damage.

(4) This section has no application in relation to interference with, or
damage to, property of the Commission caused by injurious interference from an
electrical line or installation.