Section 79: Notice of construction of railways, roads and telecommunication works and control of other works.

(1) Any person who desires to construct or extend any railway, road or any works for telecommunications shall :
(a) give one month's notice in writing to the Commission of his intention to commence such construction or extension; and
(b) furnish the Commission with a plan of the proposed railway, road or telecommunication works, together with the particulars showing the manner and position in which the railway, road or telecommunication works are intended to be constructed or extended and carried on and such further information as the Commission may require ; PROVIDED that this subsection shall not apply to the construction or extension of works or telecommunication works as may be prescribed by the Commission.
(2) If it appears to the Commission that:
(a)
the operation of or the equipment to be used in connection with railway, load or telecommunication works referred to in subsection (1) of this section is likely to affect injuriously or interfere with the work or maintenance of electricity lines or the carrying on by a licensee of a system; or
(b) any electricity line is being affected injuriously or interfered with by the construction or operation of or the equipment used in connection with :
(i) a railway, road or telecommunication work referred to in subsection (1), or
(ii) any railway, road or telecommunication work or other operation whatsoever; the Commission shall notify in writing the person constructing or operating the railway or works of the action which that person is required to take in order to remedy or prevent the injury or interference.
(3) A person referred to in subsection (3) of this section who, after receipt of a notice in terms of that subsection, proceeds with the construction or operation of the equipment concerned or continues to operate the railway, road or telecommunication works without complying with the terms of that notice shall be liable to any licensee for all loss and damage caused to the licensee by the person's failure to comply with the terms of that notice.