Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p28
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 67540–70239

is situated and:
 (a) if the land is occupied — serving a copy of the notice to the occupier; or
 (b) if the land is not occupied — attaching, if practicable, a copy of the notice to a conspicuous part of the land.
           Note  See Act, Schedule 3, clause 54.
3.40 Serving notices if occupier unknown
 (1) If a carrier is unable to serve a notice on the occupier of land either personally, or by post, in accordance with section 1.6, the carrier may serve a notice on the occupier by publishing a copy of the notice in a newspaper circulating in the district in which the land is situated and:
 (a) publishing a copy of the notice in a newspaper circulating in a district in which the land is located; and
 (b) attaching, if practicable, a copy of the notice in a conspicuous place on the land.
 (2) If a carrier is unable, after diligent inquiry, to find out whether particular land is occupied, or who occupies particular land, the carrier may treat the land as unoccupied.
           Note  See Act, Schedule 3, clause 54.
Division 3 Additional notification arrangements
3.41 Notice to owner and occupier of land: additional requirements
  A carrier must include in a notice mentioned in section 3.39 details of the actions that the carrier expects to take, as part of the subscriber connection activity, on land affected by the activity.
3.41A Withdrawal of notices
 (1) This section applies to a carrier who has given a notice (the original notice) to an owner or occupier of land for a subscriber connection activity in accordance with this Code.
 (2) If the carrier cancels the activity, the carrier must give written notice to the owner or occupier that the original notice is withdrawn (a withdrawal notice).
 (3) The withdrawal notice must describe the activity specified in the original notice that has been cancelled:
              Note: If more than one activity was specified in the original notice, the withdrawal notice must describe each activity that has been cancelled.
 (4) The withdrawal notice must attach a copy of the original notice.
 (5) The withdrawal notice must be given by the carrier within 5 business days after the decision to cancel the activity is made.
3.42 Agreement on alternative notification arrangements
 (1) A carrier may agree in writing with an owner or occupier of land affected by a subscriber connection activity for alternative notification arrangements.
 (2) The carrier must comply with an agreement.
3.43 Additional arrangements for serving notices
 (1) If a carrier serves a notice under section 3.39 or 3.40, the carrier must, if practicable after engaging in the subscriber connection activity, attach to a conspicuous part of the land a copy