Telecommunications Services (Ducting and Cables) Act 2018
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SCHEDULE 3 Obligations | ||
Section 3 (2) and (3) | ||
1. In performing all or any of the functions conferred on the Minister by this Act the Minister shall— | ||
(a) take all reasonable precautions to avoid obstruction or interference with the user of land and damage and injury thereto, and | ||
(b) so far as is reasonably practicable and with all practicable speed, make good all damage or injury to land caused by the performance by the Minister of those functions. | ||
2. So far as is reasonably practicable and so long as the ducting and cables are used for or in connection with the performance by the Minister of any of his or her functions for telecommunications purposes, the Minister shall keep the ducting and cables in proper repair and condition, and upon permanent abandonment of the ducting and cables (of which notice shall be given to the owner by the Minister)— | ||
(a) render the same permanently safe, and | ||
(b) surrender back the same vested in the Minister by this Act to the owner. | ||
3. The Minister shall indemnify and keep indemnified the owner, his or her servants, agents, licences and invitees against all sums in respect of loss or damage, claims, demands, costs and expenses which the owner shall become legally liable to pay as compensation for accidental bodily injury or accidental loss of or damage to property where such injury or damage is caused by, arises from, is traceable to or connected with the performance by the Minister, his or her servants, officers, agents, contractors, licensees or any other persons appointed or authorised by the Minister to act in that behalf of all or any of the functions conferred on the Minister by this Act, other than in consequence of any malicious act or omission of the owner, provided that the owner shall not settle or compromise any action, claim or demand without the prior consent of the Minister. | ||
4. The Minister shall pay all rates and taxes which may be imposed on an owner in respect of the ducting and cables or the legal interests vested in the Minister under section 3 and any increased rates, taxes or insurance premiums which may be imposed on the owner, in respect of land of that owner adjoining his or her land that consists of any part of the route, by virtue of the existence of the ducting and cables. | ||
5. The Minister shall not do or cause deliberately or recklessly permit or suffer to be done anything calculated or likely to cause damage or injury to the Mayo-Galway pipeline. | ||
6. (1) An owner shall not— | ||
(a) do or cause deliberately or recklessly permit or suffer to be done anything calculated or likely to cause damage or injury to the ducting and cables, | ||
(b) without the prior consent in writing of the Minister (which shall not be unreasonably withheld), make or cause or recklessly permit or suffer to be made any material alteration to or any deposit of anything upon any part of the route so as to interfere with or obstruct the access thereto or to the ducting and cables by the Minister or so as to lessen or in any way interfere with the support afforded to the ducting and cables by the surrounding soil including minerals or so as materially to reduce the depth of soil above the ducting and cables, | ||
(c) erect or install or cause or recklessly permit or suffer to be erected or installed any building or structure or permanent apparatus or the carrying out of any works on, over or beneath the surface of the route or the making of any material change in the use of the route which would be likely to cause damage or injury to the ducting and cables, | ||
(d) plant or grow within 7 metres of the centre line of the ducting and cables any poplar trees, willow trees, ash trees, beech trees, conifers, horse chestnut trees, lime trees, maple trees, sycamore trees, apple trees or pear trees, or any other trees of a similar size (whether deciduous or evergreen), | ||
(e) allow any shrubs or hedges planted on the route to grow to a height exceeding 4 metres. | ||
(2) Nothing in clauses (a) to (c) of subparagraph (1) shall prevent an owner from installing any necessary service pipes, drains, wires or cables under the supervision and with the consent (which consent shall not be unreasonably withheld) of the Minister or the carrying on of normal agricultural operations or acts of good husbandry including fencing, hedging and ditching not causing such interference, obstruction or material reduction in the depth of the soil as referred to in those clauses. |