On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 30/12/2000.
29.
—(1) Subject to subsection (2), no person shall commence or carry out, or cause or permit the commencement or carrying out of, any earthworks which are within the vicinity of any telecommunication cable belonging to or under the management or control of a telecommunication system licensee unless —
(a)
he has given to the telecommunication system licensee not less than 7 days’ (or such other period as the Authority may allow in any particular case) notice in writing of the date on which it is proposed to commence the earthworks;
(b)
he has obtained from the telecommunication system licensee the necessary information on the location of such telecommunication cable and has consulted the licensee on the steps to be taken to prevent the telecommunication cable from damage while the earthworks are being carried out; and
(c)
he has caused telecommunication cable detection work to be performed or carried out by a licensed telecommunication cable detection worker in order to confirm the location of the telecommunication cable.
(2) Nothing in subsection (1) shall prohibit a person from commencing or carrying out any earthworks where he has reasonable cause to believe that it is necessary to do so in the interest of public or private safety except that the person shall, not more than 7 days after the earthworks have been commenced or carried out, give to the telecommunication system licensee notice in writing stating the nature and extent of those earthworks.
(3) It shall be the duty of the person who carries out any earthworks referred to in subsection (1) —
(a)
to comply with all reasonable requirements of the telecommunication system licensee for the prevention of damage to the telecommunication cable;
(b)
to ensure that reasonable precautions are taken when carrying out such earthworks to prevent any damage to the telecommunication cable, including but not limited to site supervision of the earthworks; and
(c)
to allow the telecommunication system licensee reasonable access to the work site for the purpose of inspecting or taking any necessary measures to protect the telecommunication cable.
(4) It shall be the duty of a telecommunication system licensee to whom a notice under subsection (1)(a) has been given —
(a)
to promptly inform the person who has given him the notice of the location of the telecommunication cable and to provide such person with any other information as may be necessary to enable him to ascertain the exact location of the telecommunication cable;
(b)
to advise the person who has given him the notice on the precautions to be taken to prevent damage to the telecommunication cable; and
(c)
to take all such measures at the work site as may be reasonable and necessary for the protection of the telecommunication cable from damage and, in so doing, the telecommunication system licensee shall have regard to the potential risks and dangers that can arise from any damage to the telecommunication cable.
(5) No person other than a licensed telecommunication cable detection worker shall commence or carry out any telecommunication cable detection work within the vicinity of any telecommunication cable belonging to or under the management or control of a telecommunication system licensee where such telecommunication cable detection work is commenced or carried out in connection or combination with or in relation to any earthworks carried out or to be carried out.
(6) Any person who contravenes or fails to comply with subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both.
(7) Subject to subsection (8), in any proceedings for an offence under subsection (6), it shall be a defence for the person charged to prove —
(a)
that he took all reasonable steps to discharge his duty under subsection (1) or (3), as the case may be; or
(b)
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(8) If in any proceedings for an offence under subsection (6) the defence involves acting on information supplied by a telecommunication system licensee or a licensed telecommunication cable detection worker, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period of 14 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of the person who supplied him with the information.
(9) Any person who contravenes or fails to comply with subsection (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.