[Part 12 Rights to Object to Certain Apparatus]

[Part 12 Rights to Object to Certain Apparatus]

[Introductory

76

This Part of this code makes provision conferring rights to object to certain kinds of apparatus, and makes provision about—

(a)     the cases in which and persons by whom a right can be exercised, and

(b)     the power and procedures of the court if an objection is made.

When and by whom can a right to object be exercised?

77

(1)     A right to object under this Part of this code is available where, pursuant to the right in paragraph 62, an operator keeps electronic communications apparatus installed on, under or over tidal water or lands within the meaning of Part 9 of this code.

(2)     In that case a person has a right to object under this Part of this code if the person—

(a)     is an occupier of, or has an interest in, the tidal water or lands,

(b)     is not bound by a code right enabling the operator to keep the apparatus installed on, under or over the tidal water or lands, and

(c)     is not a person with the benefit of a Crown interest in the tidal water or lands.

(3)

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