[Part 6 Rights to Require Removal of Electronic Communications Apparatus]

[Part 6 Rights to Require Removal of Electronic Communications Apparatus]

[Introductory

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This Part of this code makes provision about—

(a)     the cases in which a person has the right to require the removal of electronic communications apparatus or the restoration of land,

(b)     the means by which a person can discover whether apparatus is on land pursuant to a code right, and

(c)     the means by which a right to require removal of apparatus or restoration of land can be enforced.

When does a landowner have the right to require removal of electronic communications apparatus?

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(1)     A person with an interest in land (a “landownerâ€) has the right to require the removal of electronic communications apparatus on, under or over the land if (and only if) one or more of the following conditions are met.

(2)     The first condition is that the landowner has never since the coming into force of this code been bound by a code right entitling an operator to keep the apparatus on, under or over the land.

(3)     The second condition is that a code right entitling an operator to keep the apparatus on, under or

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