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GOVERNMENT TELECOMMUNICATIONS ACT 2018 - SECT 34G
Excavation work affecting telecommunications infrastructure
34G Excavation work affecting telecommunications infrastructure
(1) This section applies if the Authority or an ETNO reasonably believes that
the carrying out, or proposed carrying out, of excavation work in, on or near
the Authority's or the ETNO's telecommunications infrastructure could-- (a)
destroy, damage or interfere with the infrastructure, or
(b) make the
infrastructure become-- (i) a potential cause of bush fire, or
(ii) a
potential risk to public safety.
(2) The Authority or the ETNO may serve a
written notice on the person carrying out or proposing to carry out the
excavation work requiring the person-- (a) to modify the excavation work, or
(b) not to carry out the excavation work, if the Authority or the ETNO
reasonably believes that modifying the excavation work will not be effective
in-- (i) preventing the destruction or damage of, or interference with, the
telecommunications infrastructure, or
(ii) preventing the infrastructure
becoming a potential cause of bush fire or a potential risk to public safety.
(3) The notice must specify the excavation work to be modified or not carried
out.
(4) The Authority or the ETNO may recover the following costs in a court
of competent jurisdiction as a debt owed to the Authority or the ETNO by the
person who carried out excavation work the subject of the notice other than in
accordance with the notice-- (a) the costs incurred in replacing the
telecommunications infrastructure destroyed by the excavation work,
(b) the
costs incurred in repairing damage to the telecommunications infrastructure
caused by the excavation work,
(c) the costs incurred in remedying or
mitigating interference with the telecommunications infrastructure caused by
the excavation work.
(5) The Authority or an ETNO may apply for an injunction
to prevent the carrying out of excavation work in, on or near the Authority's
or the ETNO's telecommunications infrastructure.
(6) The Authority or an ETNO
may take action under this section even if the person carrying out the
excavation work owns or occupies the land in, on or over which the
telecommunications infrastructure is situated.
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