Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3_18
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3 cl 18
Character Range: 1517512–1519297

18  Notice to owner of land—lopping of trees etc.
 (1) At least 10 business days before engaging in any of the following activities under Division 2, 3 or 4:
 (a) cutting down or lopping a tree on private land;
 (b) clearing or removing undergrowth or vegetation on private land;
a carrier must give:
 (c) the owner of the land; and
 (d) if the land is occupied by a person other than the owner—the occupier;
a written notice requesting that the tree be cut down or lopped, or that the undergrowth or vegetation be cleared, as the case may be, in the manner, and within the period, specified in the notice.
 (2) The carrier may only engage in those activities if the request is not complied with.
 (3) A person may waive the person's right to be given a notice under subclause (1).
 (3A) Subclauses (1) and (2) do not apply if:
 (a) the carrier intends to engage in an activity under Division 2, 3 or 4 in relation to the installation, proposed installation or maintenance of a temporary defence facility; and
 (b) the carrier considers that compliance with subclause (1) is impracticable in the circumstances.
 (3B) For the purposes of this clause, a temporary defence facility is a facility of the kind mentioned in paragraph 6(1)(c) of this Schedule.
 (4) Subclauses (1) and (2) do not apply if:
 (a) the carrier intends to engage in activities under Division 2 (which deals with inspection of land), 3 (which deals with installation of facilities) or 4 (which deals with maintenance); and
 (b) those activities need to be carried out without delay in order to protect:
 (i) the integrity of a telecommunications network or a facility; or
 (ii) the health or safety of persons; or
 (iii) the environment; or
 (iv) property; or
 (v) the maintenance of an adequate level of service.