TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 16 Power to construct telecommunications installations.

TELECOMMUNICATIONS ACT 1975 No. 55 of 1975 - SECT 16

16. (1) In this section-

''telecommunications installation'' means-

   (a)  a line; or

   (b)  any equipment, apparatus, tunnel, manhole, pit or pole used, or
        intended for use, in connexion with a telecommunications service; and

''land'' includes land owned or occupied by Australia or a State.

(2) Subject to sub-sections (5) and (7), the Commission may, for the purposes
of this Act-

   (a)  construct a telecommunications installation above, upon or beneath the
        surface of any land or above or beneath the surface of any water; or

   (b)  affix to any building or other structure erected on any land or in any
        waters, any line, or other equipment for use in connexion with the
        operation of a telecommunications service by the Commission.

(3) Without limiting the generality of sub-section (2) or of section 18, the
Commission may, for purposes connected with the construction, replacement,
repair, maintenance or renewal of a telecommunications installation-

   (a)  enter upon, and occupy, any land; and

   (b)  on land so occupied, do any act specified in sub-section (4).

(4) The acts referred to in sub-section (3) are-

   (a)  to construct, build or place any plant, machinery, equipment or goods;

   (b)  to fell or lop trees and to clear and remove other vegetation or
        undergrowth;

   (c)  to make cuttings or excavations;

   (d)  to re-instate the surface of the land and, for purposes connected
        therewith, to remove and dispose of earth, soil or other material or
        trees felled on, or parts of trees, vegetation or undergrowth cleared
        from, the land;

   (e)  to erect temporary workshops, sheds or other buildings; and

   (f)  to level the surface of land and make roads.

(5) The Commission shall not, in the exercise of its powers under sub-section
(2)-

   (a)  construct a telecommunications installation above, upon or beneath the
        surface of any road or bridge; or

   (b)  affix to any structure erected on a road or bridge any line or other
        equipment for use in connexion with the operation of a
        telecommunications service, unless the Commission has given notice, in
        writing, of its intention to do so to the authority having the care
        and management of that road or bridge.

(6) Where the Commission has, in order to exercise its powers under
sub-section (2) on a road or bridge, given notice to the authority having the
care and management of that road or bridge, the Commission may, in connexion
with the exercise of those powers-

   (a)  construct, build or place any plant, machinery, equipment or goods on
        that road or bridge;

   (b)  make cuttings or excavations on that road or bridge; and

   (c)  carry away surplus sand, clay, stone, earth, gravel, timber or other
        materials or things from that road or bridge.

(7) The Commission shall not, in the exercise of its powers under this
section-

   (a)  alter the position of a pipe, being a main, sewer or drain; or

   (b)  alter the position of any other pipe for the supply of water or gas or
        a cable for the supply of electricity, unless the Commission has given
        notice, in writing, of its intention to do so to the authority having
        the care and management of the pipe or cable.

(8) The Commission shall, in the exercise of its powers under sub-section (2),
ensure that a line erected above the surface of a road, bridge, vehicular path
or water is erected in such a manner as to allow for the reasonable passage of
persons and vehicles on the road, bridge or path or of vessels over the water.

(9) The Commission may demolish or destroy on, or remove from, any land
occupied by it, any plant, machinery, equipment, goods, workshop, shed,
building or road constructed, built, placed or erected by it on the land.

(10) Subject to sub-sections (5) and (7), before the Commission exercises any
of its powers under this section in relation to land, the Commission shall
give notice in writing to the owner and occupier of the land of its intention
to enter upon the land and of the purpose for which it intends to enter upon
the land.

(11) Sub-section (10) does not apply to the exercise, by the Commission, of
any of its powers under this section on a road or bridge.