17Owner may require removal of wrongly connected connection cable

17 Owner may require removal of wrongly connected connection cable

(1)  In this section –

notice of intention to install connection cable means a notice under section 10 ;

notice relating to adjoining land means a notice under section 11 ;

prescribed circumstances means circumstances where –

(a) the installer has been unable to serve a notice of intention to install connection cable or a notice relating to adjoining land on an owner because the installer has been unable to determine the name or address of the owner after taking all reasonable steps to do so; or

(b) the installer has otherwise failed to serve a notice of intention to install connection cable or a notice relating to adjoining land on an owner; or

(c) the installer mistakenly installs a connection cable despite an owner making an election in accordance with section 12 ; or

(d) an owner provides evidence to the satisfaction of the installer that he or she was not resident at his or her normal address when the notice of intention to install connection cable or the notice relating to adjoining land was served and did not receive the notice or did not receive the notice in sufficient time to allow him or her to make an election in accordance with section 12 .

(2)  If the installer as part of the project installs a connection cable to premises in prescribed circumstances, the owner of the premises or the owner of adjoining land over or under which the connection cable passes may require the installer to remove the connection cable.

(3)  A requirement may be made only –

(a) within 6 months after the connection cable was attached to the premises or such longer period as the installer allows; and

(b) in writing provided to the installer.

(4)  If a requirement is made –

(a) all owners of the premises, and all persons to whom the ownership of the premises is transferred, are taken to have consented to the removal of the connection cable; and