Singapore legislation
Section 17
Section 17
Power to enter on other land or building for purposes of installation or plant
(1)
Subject to this section, whenever it is necessary to do so for the purposes of providing any telecommunication service or installing any telecommunication system under this Act, a public telecommunication licensee may under, upon or over any land (other than State land) or in any building on any land —
lay, place or carry on and erect such installation or plant used for telecommunications as may be necessary or proper for such purposes; and
take such other action as may be necessary to render such installation or plant safe and efficient,and pay compensation to any person interested for any damage, disturbance or disability that may be caused thereby.
(2)
Any compensation payable under subsection (1) may include an annual payment for land, building or other immovable property used for the purpose of the public telecommunication licensee’s installation or plant.
(3)
A public telecommunication licensee does not acquire any right other than that of user only in respect of any land, building or other 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 or building for the purpose specified in subsection (1), a public telecommunication licensee must 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 must be given to the owner or occupier of the land or building in the manner provided under this Act.
(6)
The owner or occupier of the land or building may, within 14 days after receiving the notice mentioned in subsection (4), lodge a written objection with the Authority.
(7)
Where a written objection is lodged by the owner or occupier of the land or building under subsection (6) (called in this section the objector), the Authority must notify the public telecommunication licensee concerned to resolve the dispute with the objector due to the objection.
(8)
On receipt of the Authority’s notice under subsection (7), the public telecommunication licensee must take genuine steps to resolve the dispute with the objector due to the objection.
(9)
If the public telecommunication licensee fails to resolve the dispute due to the objection, the licensee must inform the Authority in writing and also furnish all relevant information relating to the steps taken by the licensee to resolve the dispute due to the objection.
(10)
After receipt of the information mentioned in subsection (9), the Authority must notify the public telecommunication licensee and the objector as to whether the Authority is satisfied that the licensee has taken genuine steps to resolve the dispute due to the objection.
(11)
The Authority must hold an inquiry (in such manner as the Authority thinks fit) on the objection, giving each party a reasonable opportunity to be heard if —
the Authority notifies the parties under subsection (10) that the Authority is satisfied that the licensee has taken genuine steps to resolve the dispute due to the objection; and
the objection is not withdrawn.
(12)
Upon the conclusion of the inquiry, 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.
(13)
The public telecommunication licensee may enter the land or building and do all or any of the acts mentioned in the notice given under subsection (4) —
where no written objection is lodged within the period mentioned in subsection (6), after the expiry of that period; or
where a written objection is lodged under subsection (6) —
after the objection is withdrawn;
after the public telecommunication licensee resolves the dispute with the objector due to the objection; or
on the Authority’s authorisation under subsection (12) subject to the terms, conditions and stipulations imposed by the Authority under that subsection.[14