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TELEGRAPH (CONSTRUCTION) ACT 1916 - SECT 1



1. If the owner, lessee, or occupier of any land or building refuses or fails
to give his consent to the placing of a telegraphic line under, in, upon,
over, along or across the land or building within two months after being
required to do so by notice from the Postmaster-General, a difference shall be
deemed to have arisen between the [Post Office] and that owner, lessee, or
occupier, and sections three, four and five of the Telegraph Act, 1878, shall
apply accordingly as if it were a difference arising under that Act:

Provided that the tribunal to which the difference is referred under these
sections shall not give its consent to the placing of the line unless
satisfied that such refusal or failure is contrary to the public interest; and
in deciding whether to give its consent or to impose any terms, conditions, or
stipulations, including the carrying of any portion of the line underground,
the tribunal shall, among other considerations, have regard to the effect, if
any, on the amenities or value of the land of the placing of the line in the
manner proposed:

Provided also that, subject as aforesaid, all the provisions of the
Telegraph Act, 1863, shall apply in the case of the exercise of any powers
authorised to be exercised under this section, and such owner, lessee, or
occupier, shall have and enjoy all the benefits of such provisions.


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© 1916 Crown Copyright

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