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Access to Land and Facilities > Access to State Land and Properties

Access to State land and properties

(1) A licensee may apply to the Authority for assistance where it cannot on commercially reasonable terms -

(a) obtain consent of the government authority having jurisdiction over State land or State facility to construct, maintain or operate any telecommunications facility;

(b) gain access to the pole, duct, tower or other supporting structure of a telecommunications, electrical power or other utility transmission system constructed on State land or a State facility that is owned or controlled by a Ministry, department or other state entity; or

(c) obtain consent of the Director of Lands and the Ministry responsible for that State land to make changes to land, including trees, shrubs, plants or other materials that interfere with a telecommunications facility.

(2) Upon receipt of an application for assistance under subsection (1), the Authority shall consult with the Director of Lands and the Ministry responsible for that State land and attempt to find a solution acceptable to both the licensee and the relevant Ministry, department or other state entity.

(3) If a solution is not found under subsection (2), the licensee may apply to a Judge of the High Court who may make an order if the Judge is satisfied that the requirements in subsection (1) are met, taking into account the considerations in subsection (2), as well as the reasons for refusal of consent by the Director of Lands and the relevant Ministry, department or other state entity.

(4) A licensee shall, in consultation with the Authority, agree with relevant Ministry, department, other state entity, local council and other persons or bodies on arrangements and fees related to the laying of ground or aerial telecommunications network facilities on roads, streets, squares, and other public spaces under their administration.

 

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