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69.   Access to lands and road works

Revised Laws of Saint Lucia (2021)

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69.   Access to lands and road works

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    (1)   A person nominated by a public telecommunications provider and duly authorised in writing by the Minister or relevant authority may, at any reasonable time, enter upon and survey any land, other than land covered by buildings or used as a park, for the purpose of ascertaining whether the land would be suitable for use by the provider for, or in connection with, the establishment or running of the provider's system.

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    (2)   For the purpose of providing a telecommunications service, a telecommunications provider may lay or maintain or remove, any line or cable, in or over a street or a public ground and shall repair and restore the street and public ground to the satisfaction of the Minister.

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    (3)   Where a telecommunications provider fails to comply with subsection (2) within [ ] days of the laying maintenance or removal, the Minister may cause the repairs to restoration to be done and the telecommunications provider is liable to the cost for such repairs or restorations.

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    (4)   Where, in an exercise of the power conferred by this section, any damage is caused to land or to chattels, the telecommunications provider shall make good the damage or pay to every person interested in the land or chattels compensation in respect of the damage; and where, in consequence of an exercise of that power, any person is disturbed in his or her enjoyment of any land or chattels, the provider shall pay to that person compensation in respect of the disturbance.

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    (5)   In engaging in the inspection of land, installation of facilities, or maintenance of facilities, a telecommunications provider must take all reasonable steps to act in accordance with good engineering practice, to protect the environment, to protect the safety of persons and property, and to ensure that the activity interferes as little as practicable with the operations of a public utility, public roads and paths, the movement of traffic, and the use of land.

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    (6)   A telecommunications provider who engages in any activity covered in subsection (1) or (2) must ensure that a facility installed over a road, bridge, path or navigable water is installed in a way that will allow reasonable passage by persons, vehicles and vessels.

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    (7)   Where a telecommunications provider fails to comply with the provision of this section the Minister may suspend or revoke the telecommunications provider's licence in accordance with section 40.

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