Power to enter on other land for purposes of installation
98.—(1) Subject to this section, whenever it is necessary to do so for the purposes of providing any telecommunication service under this Act, a public telecommunication licensee may lay, place or carry on, and erect under, upon or over any land, other than State land, such installation or plant used for telecommunications as may be necessary or proper for such purposes and may take such other action as may be necessary to render such installation or plant safe and efficient, paying compensation to any person interested for any disturbance, damage or disability that may be caused thereby.
(2) Any compensation payable under subsection (1) may include an annual payment for land or other immovable property used for the purpose of the public telecommunication licensee’s installation or plant.
(3) A public telecommunication licensee shall not acquire any right other than that of user only in respect of any land or property under, over, along, across, in or upon which the licensee places any installation or plant used for telecommunications under this section.
(4) Before entering on any land for the purpose specified in subsection (1), a public telecommunication licensee shall give 14 days’ notice stating as fully and accurately as possible the nature and extent of the acts intended to be done.
(5) The notice shall be given to the owner or occupier of the land in the manner provided under this Act.
(6) The owner or occupier of the land may, within 14 days of the receipt of the notice referred to in subsection (4), lodge a written objection with the Authority and the Authority shall specify a date to inquire into any such objection.
(7) If no objection is lodged within the time specified in subsection (6), the public telecommunication licensee may forthwith enter on the land and do all or any of the acts specified in the notice given under subsection (4).
(8) If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Authority shall hold an enquiry, giving each party an opportunity to be heard.
(9) Subject to subsection (10), upon the conclusion of the enquiry, the Authority may authorise, either unconditionally or subject to such terms, conditions and stipulations as it thinks fit, any of the acts mentioned in the notice given under subsection (4) to be carried out.
(10) Any person aggrieved by the decision of the Authority may, within 14 days of the conclusion of the enquiry, appeal to the Minister whose decision shall be final.