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Part 8 · Rights of Way and Shared Use  ›  Division 1 · Rights of Way › Section 130

Required alteration

(1) Where it emerges, after construction of a telecommunications line, that it restricts, not merely temporarily, the purpose for which a way of communication is dedicated, or prevents the carrying out of work required for its upkeep, or is an obstacle to the execution of an alteration to the way of communication intended by the party responsible for upkeep, the telecommunications line is, insofar as necessary, to be altered or removed.
(2) Insofar as a way of communication is withdrawn from public use, the right of use holder's power to use it lapses.
(3) In all these cases, the holder of the right of use must carry out the required measures on the telecommunications line at its own expense.
(4) The party responsible for upkeep may assert fulfilment of the obligations by the holder of the right of use, and its own rights, by written administrative act.

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