Clause 48

Where any of the Authority’s telecommunication installations and plant have been laid, placed, carried or erected, on any land under the provisions of section 45 or 46, and any of the persons mentioned in subsection (4) of section 46 or any person to or by whom such land is subsequently alienated or occupied desires to use the land in such manner as to render it necessary or convenient that such telecommunication installations and plant should be removed to another part of the land, or to a higher or lower level, or altered in form, he may require the Authority to remove or alter the telecommunication installations and plant accordingly.

If the Authority omits to comply with the requisition, such person may apply in writing to the Commissioner of Lands who may, in his discretion, after enquiring into all the facts of the case, reject such application or make an order, either absolutely or subject to conditions, for the removal or alteration of the Authority’s telecommunication installations and plant. Such order shall provide for the payment of the cost of executing the removal or alteration by the Authority or by the person making the application, as the Commissioner of Lands may consider equitable in the circumstances of the case. The Commissioner of Lands may, instead of himself enquiring into a case under this subsection, direct a public officer to make such enquiry on his behalf and to make recommendations to him.

Whenever the Commissioner of Lands has made an order for the removal or alteration of any of the Authority’s telecommunication installations and plant the Authority may, instead of removing or altering such telecommunication installations and plant, apply to the Commissioner of Lands to direct the acquisition of such land as is required for the purposes of such telecommunication installations and plant, and the Commissioner of Lands may direct acquisition accordingly.

Whenever the Commissioner of Lands is authorised by this section to direct the acquisition of any land, such land shall be deemed to be required for a public purpose and the provisions of any written law relating to land acquisition shall be put in force accordingly.

Whenever any of the Authority’s telecommunication installations and plant have been laid, placed, carried or erected, on State land by the Authority, and such land is subsequently alienated to any person, the owner or occupier of such land may, unless the terms of alienation expressly provide otherwise, require the removal to another part of the land, or to a higher or lower level, of such telecommunication installations and plant, and subsections (1) to (4) shall apply to any such requisition. The costs of executing such removal shall be defrayed by the person making the requisition.

Where an owner of land desires to use his land for purposes of development and he considers it necessary that telecommunication installations and plant that have been laid, placed, carried or erected on his land should be removed therefrom he may request the Authority to remove the same from his land and the Authority shall comply with the request.

Where the Authority undertakes the work of removal pursuant to the request of the owner under subsection (6) the cost of the work of removal shall be borne by the owner making the request. If the owner disputes the cost of the work undertaken the dispute shall be referred to the Commissioner of Lands whose decision thereon shall be final.