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Communications and Multimedia Act 1998 · s 223

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s 223Notice to road authority, public utility, etc.

(1)

Subject to any other relevant written law, at least fourteen days before—

(a)

closing, diverting or narrowing a road or bridge;

(b)

installing any network facilities on, over or under a road or bridge; or

(c)

altering the position of a conduit, gas main or pipe, under section 215, a network facilities provider shall give written notice of his intention to do so to the person or authority responsible for the care and management of the road, bridge, conduit, gas main or pipe.

(2)

A person or authority may waive the person’s or authority’s right to be given a notice under subsection (1).

(3)

Subsection (1) does not apply if—

(a)

the network facilities provider has complied with any technical codes and mandatory standards relevant to the activities; and

(b)

those activities need to be carried out without delay in order to protect—

(i)

the integrity of a network facility;

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(ii)

the health or safety of persons;

(iii)

the environment;

(iv)

property; or

(v)

the maintenance of an adequate level of service.