14Effect of election not to have connection cable pass over or under adjoining land

14 Effect of election not to have connection cable pass over or under adjoining land

(1)  If any owner of adjoining land, including a person to whom ownership of that adjoining land has been transferred, has elected in accordance with section 12 not to have a connection cable pass either over or under that adjoining land, the installer –

(a) is not, as part of the project, to pass a connection cable either over or under that adjoining land for the purpose of installing it to the relevant premises; and

(b) may –

(i) proceed to install a connection cable to the relevant premises as part of the project by passing the connection cable either over or under other adjoining land if, under this Act, the installer has the consent, or is taken to have the consent, of the owner of that other adjoining land to so pass the connection cable over or under it; or

(ii) determine that a connection cable is not to be installed to the relevant premises as part of the project.

(2)  [Section 14 Subsection (2) amended by No. 17 of 1996, Applied:27 Apr 2011] If the installer determines under subsection (1)(b)(ii) not to install a connection cable to the relevant premises, the installer is to notify the owner of the relevant premises that a connection cable is not to be installed due to the election of an owner of adjoining land.

(3)  Subsection (2) does not apply if the owner of the relevant premises –

(a) has elected in accordance with section 12 not to have a connection cable installed; and

(b) has not later consented in accordance with section 13(3) to the installation of a connection cable.

(4)  If any owner of adjoining land has elected in accordance with section 12 not to have a connection cable pass either over or under that adjoining land, that election is binding on any person to whom ownership of that adjoining land is transferred unless –