| (a) |
obstructs or interferes; or |
| (b) |
is likely to obstruct or interfere, |
with the working or maintenance of any of the electronic communications network services licensees’ electronic communications network or electronic communications facilities, pipes, tunnels or tubes, whether growing upon—
must, after reasonable notice to the owner or occupier of the land, be cut down or trimmed by the authority responsible for the care and the management of such State owned land, road or private land, in accordance with its requirements or by the owner or occupier of such private land, as the case may be, at the expense of the electronic communications network service licensee.
| (2) |
In the event of failure to comply with a notice referred to in subsection (1)(b), the electronic communications network service licensee may cause the said tree or vegetation to be cut down or trimmed as the electronic communications network service licensee may consider necessary. |
| (3) |
Where the electronic communications network or electronic communications facility is actually interfered with or endangered by any such tree or vegetation, the licensee may remove such tree or vegetation without any such notice. |
| (4) |
In taking any action in terms of subsections (1), (2) or (3), due regard must be had to the environmental law of the Republic. |
Supreme Court Act, 1959
