Clause 46

Subject as hereinafter provided, whenever it is necessary so to do for the purpose of installing any telecommunication installations and plant under this Act, the Authority may lay, place or carry on, and erect under, upon or over any land, other than State land, any telecommunication installations and plant as may be necessary or proper for the purposes of the Authority and may take such other action as may be necessary to render such telecommunication installations and plant safe and efficient, paying compensation in accordance with the provisions of section 52 to all persons interested for any disturbance, damage or disability that may be caused thereby; such compensation may include an annual payment for land or other immovable property used for the purpose of the telecommunication installations and plant.

The Authority 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 Authority places any telecommunication installations or plant under the provisions of this section.

Before entering on any land for the purpose specified in subsection (1), the Authority shall give notice stating as fully and accurately as possible the nature and extent of the acts intended to be done. Such notice shall be substantially in the form set out in the Fourth Schedule and may, with the permission of the Commissioner of Lands, specify a date upon which the Commissioner of Lands will inquire into any objections that have been made as hereinafter provided.

Such notice shall be given to the owner or occupier of the land and may be sent by registered post or left at the usual or last known place of abode of the person to whom it is to be given or served in the manner hereinbefore provided.

Any of the persons mentioned in subsection (4) may, within fourteen days of the receipt of the notice therein referred to, lodge an objection to the intended acts of the Authority. Such objection may be made to the Commissioner of Lands in writing, and the Commissioner of Lands shall give notice of such objection to the Authority.

If no objection is lodged within the time limited for that purpose by subsection (5), the Authority may forthwith enter on the land and do all or any of the acts specified in the notice given under subsection (3).

If an objection is lodged and is not withdrawn before the date fixed for the hearing thereof, the Commissioner of Lands shall hold an enquiry, giving all parties an opportunity to be heard:Provided that the Commissioner of Lands may, instead of holding an enquiry himself, direct a public officer to hold such enquiry on his behalf and to make recommendations to him.

Upon the conclusion of the enquiry or upon receipt of the said recommendations, the Commissioner of Lands may, either unconditionally or subject to such terms, conditions and stipulations as he thinks fit, authorise or prohibit any of the acts mentioned in the notice given under subsection (3).

The Commissioner of Lands may, if he thinks fit, in lieu of making an order under subsection (8), direct the acquisition of any land or part of any land included in a notice given under subsection (2).

The decision of the Commissioner of Lands under this section shall be final.