Tuvalu Telecommunications Corporation Act CAP. 35.05 Section 8 installations or for the purpose of ascertaining whether the land would be suitable for use by the Corporation or any person acting under its power and direction for, or in connection with the establishment or running of the Corporation's telecommunication system; and (b) 8 place telecommunication installations or other matter under, over, along or across, and posts in or upon, any land or any part of the land and in that connection may do all such works as may be considered necessary to facilitate such placement or maintenance or to ensure the proper working of telecommunication lines and connected matters. (2) The Corporation or any person acting under its powers and direction shall not exercise the powers specified in paragraphs (a) and (b) of subsection (1) of this section, except for the telecommunication system established and maintained by the Government which now vests with the Corporation under section 23 of this Act and the telecommunication system established and maintained by the Corporation after the coming into operation of this Act. (3) The Corporation shall not by virtue only of the exercise of any power granted by this section, obtain any right other than that of user only in any property. (4) Before doing any act in the exercise of the powers conferred by paragraphs (a) and (b) of subsection (1) of this section the Corporation shall, except in cases of emergency or urgency which involve risk of injury or damage to persons or property, give seven days' prior notice to the owner or occupier of the land which is, or is likely to be affected, stating as fully and as accurately as possible the nature and extent of the acts intended to be done, and such notice shall also be copied to the Kaupule responsible for the area the land subject of the notice is located. (5) The owner or occupier of the land to which a notice is being served under subsection (4) of this section may within seven days from the receipt of the notice appeal against the intended acts of the Corporation to the Minister whose decision on the matter shall be final. Corporation's liability for compensation (1) In exercise of its power under subsection (1) of section 7 of this Act, the Corporation shall do as little damage as may be and shall, subject to subsections (2) and (3) of this section, make full compensation for any damage or loss sustained by reason or in consequence of the exercise of such powers. (2) No compensation shall be payable for any act done in maintaining or repairing telecommunication installations and lines and connected matters and the system essential to the supply of telecommunication services, if compensation with respect to such acts has already been agreed and paid at the time the land was first used for such purpose.
2008 Revised Edition Page 9