§ 13 — Mandating use of common services tunnel

13.—(1) Without limiting section 12, a supplier of utility services must not lay, place or install, or cause to be laid, placed or installed, on, under or over any public land within a common services tunnel area any utility services infrastructure without the written approval of an authorised officer.(2) An application for written approval under subsection (1) must be made in such manner as may be determined by the authorised officer from whom approval is sought.

(3) An application for written approval under subsection (1) may be granted subject to such conditions as the authorised officer considers fit.

(4) If an authorised officer considers that it is necessary for the supplier’s utility services infrastructure, or any part of the supplier’s utility services infrastructure, to be laid, placed or installed, or otherwise housed, within a common services tunnel of the common services tunnel area, the authorised officer may require, as a condition precedent for the grant of written approval under subsection (1), that the supplier of utility services execute an agreement for the use of the common services tunnel for purpose for laying, placing or installing, or otherwise housing, the utility services infrastructure with —(a)

the Government; or

(b)

if the common services tunnel is owned by a person other than the Government, that person.

(5) A supplier of utility services who —(a)

contravenes subsection (1); or

(b)

breaches any condition subject to which written approval was granted under subsection (3),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(6) In this section, “supplier of utility services” does not include the Government or a public authority.

—(1) Without limiting section 12, a supplier of utility services must not lay, place or install, or cause to be laid, placed or installed, on, under or over any public land within a common services tunnel area any utility services infrastructure without the written approval of an authorised officer.

(2) An application for written approval under subsection (1) must be made in such manner as may be determined by the authorised officer from whom approval is sought.

(3) An application for written approval under subsection (1) may be granted subject to such conditions as the authorised officer considers fit.

(4) If an authorised officer considers that it is necessary for the supplier’s utility services infrastructure, or any part of the supplier’s utility services infrastructure, to be laid, placed or installed, or otherwise housed, within a common services tunnel of the common services tunnel area, the authorised officer may require, as a condition precedent for the grant of written approval under subsection (1), that the supplier of utility services execute an agreement for the use of the common services tunnel for purpose for laying, placing or installing, or otherwise housing, the utility services infrastructure with —(a)

the Government; or

(b)

if the common services tunnel is owned by a person other than the Government, that person.

(5) A supplier of utility services who —(a)

contravenes subsection (1); or

(b)

breaches any condition subject to which written approval was granted under subsection (3),

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.

(6) In this section, “supplier of utility services” does not include the Government or a public authority.