34GExcavation work affecting telecommunications infrastructure

#### 34G Excavation work affecting telecommunications infrastructure 34G Excavation work affecting telecommunications infrastructure > > (1) This section applies if the Authority or an ETNO reasonably believes that the carrying out, or proposed carrying out, of excavation work in, on or near the Authority’s or the ETNO’s telecommunications infrastructure could— > > > > > (a) destroy, damage or interfere with the infrastructure, or > > > > > (b) make the infrastructure become— > > > > > > > (i) a potential cause of bush fire, or > > > > > > > (ii) a potential risk to public safety. > > > (2) The Authority or the ETNO may serve a written notice on the person carrying out or proposing to carry out the excavation work requiring the person— > > > > > (a) to modify the excavation work, or > > > > > (b) not to carry out the excavation work, if the Authority or the ETNO reasonably believes that modifying the excavation work will not be effective in— > > > > > > > (i) preventing the destruction or damage of, or interference with, the telecommunications infrastructure, or > > > > > > > (ii) preventing the infrastructure becoming a potential cause of bush fire or a potential risk to public safety. > > > (3) The notice must specify the excavation work to be modified or not carried out. > > > (4) The Authority or the ETNO may recover the following costs in a court of competent jurisdiction as a debt owed to the Authority or the ETNO by the person who carried out excavation work the subject of the notice other than in accordance with the notice— > > > > > (a) the costs incurred in replacing the telecommunications infrastructure destroyed by the excavation work, > > > > > (b) the costs incurred in repairing damage to the telecommunications infrastructure caused by the excavation work, > > > > > (c) the costs incurred in remedying or mitigating interference with the telecommunications infrastructure caused by the excavation work. > > > (5) The Authority or an ETNO may apply for an injunction to prevent the carrying out of excavation work in, on or near the Authority’s or the ETNO’s telecommunications infrastructure. > > > (6) The Authority or an ETNO may take action under this section even if the person carrying out the excavation work owns or occupies the land in, on or over which the telecommunications infrastructure is situated. > > **s 34G:** Ins 2022 No 20, Sch 1\[4\].