Clause 49

Where, in the opinion of the Authority, there is at any time danger or suspected danger that any tree (which term in this section includes undergrowth) near any telecommunication installations and plant may interrupt or interfere with telecommunication or cause damage to any such telecommunication installations and plant, the Authority may cause the tree to be felled or dealt with in such other manner as will, in its opinion, avert the danger.

The Authority in the exercise of its powers under subsection (1) shall be exempted from the provisions of the Trees and Plants (Preservation and Improvement of Amenities) Act, 1970 (Act 59 of 1970).

Where a tree, which has been felled or otherwise dealt with under subsection (1), was in existence before the telecommunication installations and plant were placed, erected or installed, the Authority may pay to any person adversely affected such sum as may be agreed by way of compensaion; and in default of agreement shall report the matter to the Commissioner of Lands, who after giving an opportunity of being heard to all persons so adversely affected, shall award, and if necessary shall apportion, such compensation as he thinks reasonable; and such award shall be final.

In the event of the owner or occupier of any land felling or clearing any tree or vegetation adjacent to any telecommunication installations and plant, such owner or occupier shall give to the Authority notice in writing of his intention so to do and shall take all such reasonable precautions as the Authority may require for the protection of such telecommunication installations and plant.

If any such owner or occupier fails to give notice as provided under subsection (4) or having given notice fails to take any such precautions as the Authority may have required, he shall be liable to pay the Authority all costs and expenses incurred in repairing the line and re-establishing communications; the certificate of the Authority shall be conclusive evidence of the amount of such costs and expenses.

If the amount due for costs and expenses is not paid within seven days after demand such amount may be recovered in the same manner as if it were a debt incurred under a contract.

If trees or vegetation are felled or cleared upon land adjacent to any telecommunication installations and plant it shall be presumed until the contrary is proved that such trees or vegetation were felled or cleared by the owner or occupier of the land or by his servants or agents acting as such.