| (1) | Any person who constructs, equips or carries on any railway or works for the supply of light, heat or power by means of electricity, must— |
| (a) | conform to the requirements of an electronic communications network service licensee for the prevention of damage to any of its electronic communications network and electronic communications facilities or works by such construction; |
| (c) | furnish the electronic communications network service licensee with— |
| (i) | a plan of the proposed railway or works; |
| (ii) | particulars showing the manner and position in which the railway or works are intended to be constructed, executed and carried on; and |
| (iii) | such further information related to the proposed railway or works as the electronic communications network service licensee may require. |
| (a) | it appears to the electronic communications network service licensee that the construction, equipment or operation of any such railway or works is likely to damage any of its electronic communications facilities or works; or |
| (b) | any such electronic communications facilities or works are damaged by the construction, equipment or operation of any such railway or works, |
the electronic communications network service licensee must give reasonable notice of its requirements to the person concerned.
| (3) | Any person who, after receiving the notice referred to in subsection (2), proceeds with or causes to be proceeded with any such construction, equipment or operation in contravention of the said requirements, may be liable to the electronic communications network service licensee for damages sustained by the electronic communications network service licensee as a result of a contravention of subsection (1). |
