129Powers relating to installation of facilities etc.

##### 129 Powers relating to installation of facilities etc. (1) Subject to subsections (5) and (6), a carrier may, for purposes connected with the supply of a telecommunications service: (a) construct a facility on, over or under any land; or (b) attach a facility to any building or other structure. (2) Without limiting subsection (1) or section 131, but subject to subsections (5) and (6) of this section, a carrier may, for purposes connected with the installation, maintenance or operation of a facility: (a) enter on, and occupy, any land; and (b) on, over or under the land do anything necessary or desirable for those purposes, including, for example: (i) constructing, erecting and placing any plant, machinery, equipment and goods; and (ii) felling and lopping trees and clearing and removing other vegetation and undergrowth; and (iii) making cuttings and excavations; and (iv) restoring the surface of the land and, for that purpose, removing and disposing of soil, vegetation and other material; and (v) erecting temporary workshops, sheds and other buildings; and (vi) levelling the surface of the land and making roads. (3) Before exercising its powers under this section in relation to any land, a carrier must give reasonable written notice of its intention to do so to: (a) the owner of the land; and (b) if the land is occupied by a person other than the owner—the occupier. (4) The notice must specify the purpose for which the carrier intends to exercise its powers in relation to the land. (5) A carrier must not: (a) close, divert or narrow a road or bridge; or (b) install a facility on, over or under a road or bridge; or (c) alter the position of a water, sewerage or gas main or pipe; or (d) alter the position of an electricity cable or wire; unless it has given reasonable written notice of its intention to do so to the person or authority responsible for the care and management of the road, bridge, main, pipe, cable or wire. (6) A carrier must ensure that a facility installed over a road, bridge, path or navigable water is installed in a way that will allow reasonable passage by persons, vehicles and vessels.