Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p46
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 112402–115066

carrier entered the land; and
 (b) describes the activity.
 (2) However, the carrier is not required to fix the notice on occupied land if the carrier has been able to give the occupier a notice about the activity either personally, or by post, in accordance with section 1.6.

Chapter 6 Maintenance of facilities

Simplified outline of Chapter 6
Under Division 4 of Schedule 3 to the Telecommunications Act 1997, a carrier may maintain a facility at any time.
The carrier may do anything necessary or desirable for that purpose, including:
 entering on, and occupying, land; and
 removing, or erecting a gate in, a fence.
This Chapter sets out conditions to be complied with by a carrier in maintaining a facility.
The Chapter has 5 Parts.
The Parts deal with the following matters:
 Part 1 — introduction
 Part 2 — conditions in the Act for carrier conduct
 Part 4 — Director of National Parks and Environment Secretary
 Part 5 — general notification arrangements and objections to maintenance activities.

Part 1 Introduction

6.1 Purpose of Chapter 6
 (1) If a carrier engages, or proposes to engage, in a maintenance activity, the carrier must comply with:
 (a) the conditions specified in Part 1 of Schedule 3 to the Act; and
 (b) the conditions specified in the regulations; and
 (c) the conditions set out in this Code.
 (2) Part 2 and Division 2 of Part 5 set out some of the carrier conditions in the Act, in simplified form, to assist the reader of the Code.
 (3) Part 4, and the other Divisions of Part 5, set out:
 (a) the conditions on carriers related to giving notices to the Director of National Parks, the Environment Secretary, and owners and occupiers of land; and
 (b) the process for owners and occupiers of land to object to a maintenance activity; and
 (c) the process by which objections may be resolved or referred to the Telecommunications Industry Ombudsman.
6.2 Maintenance activity
  A maintenance activity of a carrier is any of the following activities of the carrier:
 (a) maintaining a facility;
 (b) carrying out an activity for purposes in connection with the maintenance of a facility.
           Note 1 The term 'maintenance' is defined in the Dictionary.
           Note 2 The maintenance of a facility includes a reference to the installation of a temporary facility (other than a tower within the meaning of subclause 6(5) of Schedule 3 to the Act) where certain conditions are satisfied; see subclause 7(3A) of Schedule 3 to the Act.

Note on definitions
A number of words and expressions used in this Chapter are to be found in the dictionary in the Schedule, including:
 ACMA (the Australian Communications