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Telephones Act

[Repealed by virtue of s. 127 Communications Act 2000]

LAWS OF TONGA

[1988 Ed.]

CHAPTER 97

TELEPHONES

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Power to establish telephone lines.
4. No line to be constructed without permission of the Commission.
5. Administration.
6. Powers of entry upon lands.
7. Public traffic not to be interrupted.
8. Entry to be by day: notice of entry to be given.
9. Notice of entry when owner, etc., cannot be found
10. Entry without notice for inspection.
11. Compensation.
12. Removal of trees, etc., injurious to lines.
13. Accidental injuries to lines.
14. Injuries by careless driving.
15. In addition to penalty any damage to be made good.
16. Equipment may be placed on roads.

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Acts Nos. 13 of 1922, 17 of 1977, 14 of 1980, 16 of 1983

AN ACT RELATING TO TELEPHONES

[18 July, 1922]

Short title.

1. This Act may be cited as The Telephones Act.

Interpretation.

2. In this Act and in any regulations made or issued hereunder-

"line" means a wire or wires or a conductor of any other kind used or intended to be used for the transmission, emission, reception of signs, signals, impulses, writing, images, sounds, or intelligence of any nature by means of any electromagnetic system, and includes any pole, insulator, casing fixture, tunnel, or other equipment or material used or intended to be used for supporting, enclosing, surrounding or protecting any such wire or conductor, and also includes any part of a line.

(Substituted by Act 14 of 1980.)

Power to establish telephone lines.

3. It shall be lawful for the Tonga Telecommunications Commission from time to time to establish or remove telephone lines in any part of the Kingdom.
(Amended by Acts 17 of 1977, and 16 of 1983.)

No line to be constructed without permission of the Commission.

4. It shall be unlawful for any person to construct, establish or work any lines unless permission so to do has first been obtained from the Tonga Telecommunications Commission. Every person offending against the provisions of this section shall be liable on conviction before a magistrate at the instance of the police to a penalty not exceeding $60 for every day whereon he shall so offend.
(Amended by Act 17 of 1977.)

Administration.

5. The General Manager of the Tonga Telecommunications Commission for the time being shall be charged with the administration of this Act.
(Amended by Act 16 of 1983.)

Powers of entry upon lands.

6. The General Manager of the Tonga Telecommunications Commission may from time to time by himself or his agents enter upon any lands for the purpose of erecting, removing, fixing, repairing, altering or examining any line and may there remain for such reasonable time and do all such works and things as may be expedient for the purposes of this Act; and

(a) may survey and take levels of any such land or any part thereof and also excavate and remove any earth, stone, soil, sand and gravel whatsoever and any trees suitable either for the construction alteration or repair of any such line or any part thereof or for any other works in connection with any such line;

(b) may cut and remove for a space not exceeding in any case 20 metres on each side of any proposed or existing line all such trees and underwood as would be likely to interfere with the construction or proper working of such line;

(c) for the purpose of obtaining access to any line may enter into an agreement with the owner or occupier of any land traversed by or adjoining any line for the erection of any gate on such land and when any agreement shall be so made may by himself or his agents erect, maintain and use any such gate for the purpose of obtaining access to any such line;

(d) may erect, construct and maintain lines along, across, over or under any road, street or highway and for any of such purposes may open up any road and alter the position thereunder of any pipe (other than a main for the supply of water or gas).

(Amended by Acts 17 of 1977 and 16 of 1983.)

Public traffic not to be interrupted.

7. (1) Where the General Manager of the Tonga Telecommunications Commission erects or constructs any line-

(a) across or over any road, he shall place it at such a height as not to hinder or interfere with the passage of any person or vehicle along the road;

(b) over or under any navigable waters, he shall place such line in such a manner as not to interfere with the navigation of such waters.

(2) The General Manager of the Tonga Telecommunications Commission in altering, repairing or removing any line which has been placed across or over any road or over or under any navigable water shall not cause any obstruction to the traffic upon or the use of such road or navigable water.
(Amended by Act 16 of 1983.)

Entry to be by day: Notice of entry to be given.

8. Except as hereinafter provided the General Manager of the Tonga Telecommunications Commission or his agents shall not enter upon any lands other than Government lands for the purpose of constructing or removing any line except by day nor (unless with the consent in writing of the owner or occupier of such lands or his agent) until after 7 days' notice to such owner, occupier or agent of the intention to construct such lines upon such land.
(Amended by Acts 17 of 1977 and 16 of 1983.)

Notice of entry when owners, etc., cannot be found.

9. If the owner or occupier of any land proposed to be entered upon for the purposes of this Act cannot after reasonable inquiry be found it shall be sufficient if the General Manager of the Tonga Telecommunications Commission causes to be posted in a conspicuous place on such land a notice in writing stating his intention to enter such land at the expiration of 7 days from the date of the notice and after the expiration of the time mentioned in such notice the General Manager of the Tonga Telecommunications Commission or his agents may exercise all the powers hereby conferred on him as effectually as if notice had been served on the owner or occupier of such land or his agent.
(Amended by Act 16 of 1983.)

Entry without notice for inspection

10. The General Manager of the Tonga Telecommunications Commission or his agents may without giving any notice enter at all without notice for reasonable times upon any lands for the purpose of inspecting, inspection altering or repairing any line.
(Amended by Act 16 of 1983.)

Compensation

11. (1) In the exercise of the powers conferred by this Act the General Manager of the Tonga Telecommunications Commission or his agents shall do as little damage as may be and every person having any right or interest in lands acquired for the purposes of this Act or injuriously affected thereby or suffering any damage from the exercise of the said powers shall be entitled to compensation for the same to be ascertained by two arbitrators one of whom shall be appointed by the person claiming compensation and the other by the Chairman of the Tonga Telecommunications Commission Board.
(Amended by Act 16 of 1983.)

(2) The arbitrators before entering on the arbitration shall appoint an umpire and in the event of a disagreement between the arbitrators regarding the amount of compensation the umpire shall forthwith proceed to hear the evidence and his decision shall be final.

(3) Where the act or thing has been done with the consent of the person claiming compensation no compensation shall be awarded or payable.

Removal of trees, etc., injurious to lines.

12. If the General Manager of the Tonga Telecommunications Commission is of opinion that any line is or is likely to be in any manner injured or obstructed by any tree or shrub whether ornamental or otherwise growing or being on any land adjoining such line or over which any such line passes or is carried he may by himself or his agents remove such tree or shrub or part thereof and no action at law shall be maintainable on account of such removal if it has been effected in such a manner as to cause no unnecessary damage.

Accidental injuries to lines.

13. Any person who shall by misconduct or negligence cause any injury to or destroy any line or telephone works or any part thereof or of the material or property relating thereto shall on conviction thereof before a magistrate at the instance of the police be liable to a fine not exceeding $20 or in default of payment to imprisonment for any term not exceeding 2 months.

Injuries by careless driving.

14. If any damage shall be caused to any post or line by any motor vehicle or by any vehicle drawn by a horse or other animal or by anything loaded on any motor vehicle or vehicle coming in contact with any such post or line or part thereof the driver or person in charge of any such motor vehicle or vehicle shall prima facie be deemed to have been guilty of an offence under section 13 hereof without any proof of negligence or misconduct but such person shall be entitled to rebut such presumption.

In addition to penalty any damage to be made good.

15. Every person causing damage to any post, line or works connected therewith although he may have been fined or imprisoned under this Act shall also be liable to make good the damage done by him the amount of which damage shall be determined by the magistrate adjudicating and such amount when determined may be levied by distress of the goods of such person.

Equipment may be placed on roads.

16. Subject to the approval of the Tonga Telecommunications Commission Board, the General Manager of the Tonga Telecommunications Commission may from time to time by himself or his agents construct, place, and maintain public telephone cabinets, distribution cabinets, and any appliances of a like nature on any road:

Provided that no such cabinet or appliance shall be so placed as to interfere with the ordinary traffic. (Inserted by Act 14 of 1980 and Amended by Act 16 of 1983.)

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Subsidiary Legislation

CHAPTER 97

TELEPHONES

The Telephone Regulations, originally made under section 17 of the Telephones Act (since repealed) are now deemed to have been made under the TONGA TELECOMMUNICATIONS COMMISSION ACT (CAP 96) and can be found under the subsidiary legislation to that Act.

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