20 No. 18
Tanzania Communications
1993
PART V
Power- to
enter on
and to survey land
Power to
erect,
maintain,
etc. telephone
lines etc.
on any
property
MISCELLANEOUS AND GENERAL POWER
23.-(1) A public telecommunications licensee may, for the purposes
of provision of any telecommunication service(a) enter upon any land and survey the land or any portion of it; or
(b) enter upon any land in order to construct, erect, place, maintain,
examine, alter or remove any telephone or telegraph line, or
pole or radio link installation which is the property of the public
telecommunication licensee.
(2) Where any damage to land is caused, by reason of the exercise
of the powers conferred by this section, the owner or occupier of the
land shall be entitled to receive compensation for it from the public
telecommunication licensee in accordance with this Act.
(3) Nothing in this section shall be deemed to authorise any employee
or agent of a public telecommunication licensee to cut down or clear
away any vegetation or any fence or other erection or to enter any
building or upon any enclosure attached to any building.
24--(1) A public telecommunication licensee may construct, erect,
place, maintain, alter or remove telephone and telegraph lines and poles
and radio link installations in, or, over, under, along or across any land,
building, road, railway, watercourse, harbour or branch of the sea:
Provided that(a) the public telecommunication licensee shall not acquire any right
other than that of user only in the property in, on, over, under,
along or across which the lines or poles or radio link installations
are constructed, erected or placed;
(b) a public telecommunication licensee shall not construct, erect,
place, alter, or remove any telephone or telegraph lines or poles
or radio link installations in, on, over, under, along or accross
any such a property unless it has given reasonable notice of its
intention to exercise the powers to the owner or occupier of the
property or to the local government authority having the control
of management of the property.
(2) In the exercise of its powers under this section the public telecommunication licensee may(a) cut and remove all such trees and underwood as interfere or are
likely to interfere with construction, erection, placing, maintenance, alteration or removal of any existing or proposed telephone or telegraph lines or poles or radio link installations;
(b) utilise any tree or building for the construction, erection, placing
or maintenance of any telephone or telegraph line or pole or
radio link installation;
(c) open or break up any road and(i) alter the position of any pipe for the supply of the water, gas
or compressed air, or the position of any drain not being a
main drain, subject to subsection (3); or