Access to and use of public property

(1) Subject to the provisions of this section, a public telecommunication service provider may, for the purposes of providing telecommunication services to the public, enter upon any public property, and construct and maintain thereon or alter or remove a telecommunication facility, provided in doing so it does not interfere unduly with the use and enjoyment of such public property or with the safety and health of the public. (2) Prior to constructing or installing any telecommunication facility on public property, a public provider shall obtain approval of the relevant authority having jurisdiction for entry, construction or installation of a telecommunication facility at least seven clear days prior to such works and such approval shall not be unreasonably denied. (3) Where approval is denied, or the terms and conditions of approval are not acceptable to the telecommunications service provider, or where no authority is charged with authorising such use, a telecommunication service provider shall appeal to the Minister whose decision shall be final. (4) The Minister shall establish procedures and guidelines for approval to use public property and may establish guidelines for the use of public property including existing conduits, towers and other structures as may be in existence. (5) Any authority charged with responsibility to approve the use of public property shall in considering applications to use public property take into account the following factors– (a) the efficient and economic use of public resources; 38 (b) the security of officials and the records located on such property and operations that take place on such property; (c) public safety and convenience; (d) the economic, social and aesthetic benefits of the proposed land use; and (e) compliance with applicable environmental laws and policies. (6) For the purposes of this section, public property includes a road, street, road reserve, building, footpath, water way and land reserved for public purposes.