If a licensee removes or trims a tree, shrub, or plant on any land or road under the
6)
authority of an order made under subsection (4), the owner, occupier, local authority, or
to
other person to whom notice of the application under subsection (1) was given is liable
the licensee for the reasonable cost of the work of the licensee.
Removal in emergency
73.
@)
If a tree, shrub, or plant on any land or road causes or is likely to cause imminent danger
to, or serious interference with, a communication facility, the licensee may—
enter the land or road where the tree, shrub, or plant is rooted or overhangs; and
(a)
do work in respect of the tree, shrub, or plant that is necessary to remove the
(b)
danger or serious interference or likely danger or serious interference, or likely
danger or serious interference.
(2)
The licensee must, if it is possible in the circumstances, notify the occupier of the land, or
3)
of the
the local authority or other person who has control of the road, as the case may be,
licensee's intention to enter the land or road and carry out work under subsection (1).
Every officer, employee, or agent of a licensee who enters land or a road under
subsection (1) must—
carry evidence of his or her authority and identity, which must be produced on
(a)
request; or
work under the immediate control of a person who holds
(b)
1)
evidence of the officer,
employee, of agent's authority and identity, which must be produced if requested.
n
Ifa licensee removes or trims a tree, shrub, or plant on any land or road under subsectio
of the
(1), the occupier of the land, or the local authority or other person who has control
work of the
road, as the case may be, is liable to the licensee for the reasonable cost of the
licensee.
Construction or repair of communication facility on roads
74
Subject to subsection (2), a licensee may—
across,
construct, place, and maintain communication facility in, on, along, over,
(a)
(1)
(b)
(c)
(2)
A
or under any road; and
for any of those purposes, open or break up any road, and alter the position of
any pipe (not being main) for the supply of water or gas; and
alter, repair, or remove those communication facilities or any part of those
facilities.
licensee must exercise the powers under subsection (1) in accordance with any
tion over
reasonable conditions that the local authority or other person which has jurisdic
that road requires.
(3)
up any
Except as provided in section 35, before a licensee proceeds to open or break
(4)
work to be
Every notice must specify the location of the proposal work, the nature of the
road, the licensee must give the local authority or other person which has jurisdiction
over the road written notice of the intention to carry out the work.
carried out, and the reason for it.
36