Telecommunications Act Part IIA — [Pt. III, S.10-12]

s 11

The telecommunication authority, its officers, servants Powerto repdiaints mainat or ryetimingr athy purone orieani ing, propeiy. or post, enter on the property under, over, along, across, in /'equipment or upon which the line/or post has been placed Provisions applicable to property vested in or under the control or management of local authorities

s 12

Any permission given by a local authority under section Power for 10 (4) may be given subject to such reasonable conditions local as that authority thinks fit to impose as to the payment of toimpisy any expenses to which the authority will necessarily be put condítions in consequence of the exercise of the powers conferred by [Pt. III, S. 12-15] that section, or as to the time or mode of execution of any work or as to any other thing connected with or relative to any work undertaken by the telecommunication authority under those powers. Poacr for hequipment 44797 position of pipes and position, as the case may be.

s 14

(1) The telecommunication authority may, for the purpose of exercising the powers conferred upon it by this Act in respect of any property vested in or under the control r management of a local authority, alter the position there ınder of any pipe, not being a main pipe for the supply o gas or water, or of any drain, not being a main drain. (2) When the telecommunication authority desires to alter the position of any such pipe or drain, it shall give reasonable notice of its intention to do so, specifying the ime at which it will begin to do so to the local authority and when the pipe or drain is not under the control of th local authority to the person under whose control the pipe or drain is. (3) A local authority or person receiving notice under Dispute between authorities.

s 15

(1) If any dispute arises between the telecommunication otherwise in respect of the exercise of the powers conferred by this Act, it shall be determined by such officer as the behalf. [Pt. III, S. 15-16] (2) All appeal from the determination of the officer so appointed shall lie to the Yang di-Pertuan Agong, whose order shall be final. Provisions applicable to other property

s 16

(1) If the exercise of the powers mentioned in section Cases of 10 in respect of property referred to in subsection (5) resistance or thereof is resisted or obstructed, a President-or a Magistrate, dlAfbis may, in his discretion, order that the telecommunication authority shall be permitted to exercise them. (2) If after the making of an order under subsection (1), any person resists the exercise of those powers, or having control over the property does not give all facilities for their F.M.S being exercised, he shall be deemed to have committed an offence under section 188 of the Penal Code. Swk. Cap. 57. (3) It any dispute arises concerning the sufficiency of the compensation to be paid under section 10 (5), it shall, on application for that purpose by either of the disputing himies to a President or a Magistrate, be determined by dA Atas (4) If any dispute arises as to the persons entitled to receive compensation or as to the proportions in which the persons interested are entitled to share in it, the telecommunication authority may pay, in the case of West Malaysia into the Sessions Court and, in the case of East Malaysiainto the court-of a Magistrate of the First Class for the eistriet such amount as it deems sufficient, or where all the disputing parties have, in writing, admitted the amount enaerea to be suflicient, or the amount has been determine nder subsection (3). that amount: and the President + Magistrate, atter giving notice to the parties and hearing such of them as desire to be heard, shall determine the persons entitled to receive the compensation or, as the case may be, the proportions in which the persons interested are entitled to share in it. d/A1628 MA(23 (5) Every determination of a dispute by a President.ord/AA628 Magistrate under subsection (3) or (4) shall be final: Provided that nothing in this subsection shall affect the right of any person to sue for and recover the whole or any part of any compensation paid by the telecommunication authority from the person who has received the same.

IPt. Ill, S. 17-18]

s 17

(1) When under the foregoing provisions of this Act a telecommunication line/ or post has been placed by the Lime or post. telecommunication authority under, over, along, across, II pequipment . or upon any property, not being property vested in or under the control or management of a local authority, and any person entitled to do so desires to deal with that property in such a manner as to render it necessary or convenient that the telecommunication linelor post should be removed to another part thereof or to a higher or lower level o altered in form, he may require the telecommunicatior authority to remove or alter the line or post accordingly. e de comemenesateon hs been p nder secton 10 () e shall. when making the requisition, tender to the telecom munication authority the amount requisite to defray the expense of the removal or alteration, or half of the amount paid as compensation, whichever is the smaller sum. (3) If the telecommunication authority omits to comply with the requisition, the person making it may apply to the d/AA628 President or Magistrate within whose jurisdiction the property is situate to order the removal or alteration. dAA628 (4) The President or Magistrate may, in his discretion, reject the application or make an order, absolute or subject to conditions, for the removal of the telecommunication Xpequipment line or post fo any other part of the property or to a higher or lower level or for the alteration of its form, and the order so made shall be final. Removal of trees dangerous to 0r obstructing telecom

s 18

(1) Where in the opinion of the telecommunication authority, there is at any time danger or suspected dange hat any tree (which term in this section includes under growth) standing, or lying near a telecommunication line may interrupt or interfere with telecommunications or cause communica- damage to any telecommunication line, the telecommunication authority may cause the tree to be felled or dealt with in such other manner as will, in its opinion, avert the danger. (2) Where a tree, which has been felled or otherwise dealt with under subsection (1), was in existence before the telecommunication line was placed, erected or installed, the telecommunication authority, may pay to any person interested in the tree such sum as may be agreed by way of compensation; and in default of agreement shall report the 56/65. matter to the officer charged under the National Land Code, of under any written law corresponding thereto which is in force in any State, with the collection of land revenue [Pt. III, S.18-20] from the land on which the tree is situate, who after giving an opportunity of being heard to all persons interested, shall award, and if necessary shall apportion, such compensation as he thinks reasonable: and such award shall be final. (3) In the event of the owner or occupier of any land felling or clearing any tree or vegetation adjacent to any telecommunication line, such owner or occupier shall give to the telecommunication authority notice in writing of his intention so to do and shall take all reasonable precautions as the telecommunication authority may require for the (4) If any such owner or occupier fails to give notice as hereinbefore provided, or having given notice fails to take ny such precautions as the telecommunication authorit nav have required, he shall be liable to pay to the telecom munication authority all costs and expenses incurred in repairing the line and re-establishing communication; and for the purposes of this subsection the certificate of the telecommunication authority as to the costs and expenses incurred shall be conclusive. (5) If the amount due for costs and expenses be not paid within seven days aiter demand the telecommunication authorıty may report the same to a President or a Magistrate and the amount may be recovered in the same way as if it were a fine imposed by the President or Magistrate. (6) If any trees or vegetation are felled or cleared upon land adjacent to any telecommunication line it shall be presumed until the contrary is proved that the trees or vegetation were felled or cleared by the owner or occupier of the land or by his servants or agents acting as such. d(AA628 d/1A62g ferred by and after observance of all the requirements of this Act. 0. Ihis Part shall apply to a person licensed under section (3) to place, lay, carry or maintain any posts, cables or of Part iit wires on, along, throughh, under or across any land, as lieperson "the telecommunication authority" under wherever appearing in this Part were references to the person so licensed. [Pt. IV, S. 21-24]