Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p16
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 37594–40342

all or any of the following matters:
 (a) using the objector's land to engage in the activity;
 (b) the location of a facility on the objector's land;
 (c) the date when the carrier proposes to start the activity, engage in it or stop it;
 (d) the likely effect of the activity on the objector's land;
 (e) the carrier's proposals to minimise detriment and inconvenience, and to do as little damage as practicable, to the objector's land.
           Note  The carrier is required to take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as practicable in engaging in the activity: see Act, Schedule 3, clause 8.
2.30 Time for giving objection to carrier
 (1) For a notice to which paragraph 2.22 (4)(a) applies, the objection must be given to the carrier within 9 business days after the notice is received.
 (2) For a notice to which paragraph 2.22 (4)(b) applies, the objection must be given to the carrier within 1 business day after the notice is received.
 Note The objection periods of 9 business days and 1 business day in section 2.31 reflect these notification requirements in clause 17 of Schedule 3 to the Act.
2.31 Activity after objection
  If the objection complies with sections 2.28 to 2.30, the carrier may only engage in the land entry activity if 1 of the following situations happens:
Situation 1 The objection is resolved by an agreement between the carrier and objector.
Situation 2 A request to refer the objection to the Telecommunications Industry Ombudsman is not received by the carrier within the 9 business days mentioned in section 2.35.
Situation 3 The Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome.
Situation 4 The Telecommunications Industry Ombudsman gives a direction to the carrier.
2.32 Consultation
 (1) The carrier must make reasonable efforts to consult the objector about the objection within 5 business days after receiving the objection.
 (2) The carrier must also make reasonable efforts to resolve the objection by agreement with the objector within 20 business days after receiving the objection.
           Note  An agreement with the objector allows the carrier to engage in the land entry activity: see s 2.31, situation 1.
 (3) The carrier must comply with any agreement made with the objector.
2.33 Changes to land entry activity
 (1) If the objection is not resolved by agreement within 20 business days after receiving the objection, the carrier must consider whether to change the land entry activity.
 (2) The carrier is not required to change the activity in a way that:
 (a) is not economically