Section 29(3)(a) of the Telecommunications Act (Cap. 323) (“Telecoms Act”) requires contractors who carry out earthworks (“Earthworks Contractors”) to comply with all reasonable requirements of telecommunication system licensees for the prevention of damage to telecommunication cables.
With effect from 1st October 2020, Notification of Earthworks to Licensee must comply to IMDA’s directive on earthworks requirement
This document sets out the requirements of Super Sea Cable Networks Pte Ltd (the “Licensee”) that must be complied with by Earthworks Contractors for the purposes of Section 29(3)(a) of the Telecoms Act (“Licensee’s Earthworks Requirements”).
The Earthworks Contractor who performs the actual earthworks (eg, a piling contractor) shall be directly responsible for complying with the Licensee’s Earthworks Requirements. It shall not be an excuse for the Earthworks Contractor to claim that it had delegated such responsibility to another party or relied on another party to ensure that the requirements are complied with, whether pursuant to any contract, agreement, arrangement, understanding or otherwise that it has with such other party.
In addition, all parties who supervise or instruct Earthworks Contractors on any aspect of the earthworks (eg, a developer or main contractor) should also ensure that the Earthworks Contractors comply with the Licensee’s Earthworks Requirements to prevent damage to telecommunication cables.