Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p61
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 188297–191566

with clause
               3 of Schedule B1;

              (vi) the Underground Facility's security classification for
               physical access purposes; and

              (vii)other matters as agreed between the parties.

           (5)  If the Eligible Facility is an Underground Facility which
            is equal to or less than 2 km in length, the time specified for
            completion of a Detailed Field Study is as soon as is
            reasonably practicable and at least within fifteen Business
            Days of the request for a Detailed Field Study. For
            Underground Facilities which are more than 2 km but less
            than 10 km in length, the time specified for completion of
            a Detailed Field Study is as soon as is reasonably practicable
            and at least within twenty Business Days of the request for a Detailed Field Study. For Underground Facilities which
           are more than 10 km in length, the time specified for
           completion of a Detailed Field Study is as soon as
           is reasonably practicable and at least within twenty five
           Business Days of the request for a Detailed Field Study

           (6) If the First Carrier discovers a material error in a valid advice
           before the First Carrier has accepted an Order by the Second
           Carrier in accordance with clause 3, it must advise the
           Second Carrier as soon as practicable and correct the
           advice. Where the corrected advice curtails, reduces or
           delays access to the Underground Facility, the First Carrier
           must consult with the Second Carrier on alternatives which
           would satisfy the Second Carrier's requirements, either on
           an interim or continuing basis.

           2.  Time Extension for the conduct
            of a Detailed Field Study

           (1)  If the First Carrier considers that it is unable to complete
            a Detailed Field Study in regard to access to an Eligible
            Facility within the period specified in sub-clause 1(5) of
            Schedule B1, and requires further time to consider the
            access application, the parties must make reasonable
            endeavours, acting in good faith, to discuss and agree on
            a period for a time extension in which to complete that
            study.

           (2)  If agreement on a time extension cannot be reached then
            Carriers must engage in dispute resolution, as set out in
            Chapter 2 of the main Code.

           (3)  In the event that carriers agree to the appointment of an
            independent expert to determine whether an extension
            should be given , or the ACCC is required to arbitrate on the
            matter, then that expert, or the ACCC, must consider the
            following factors to the extent those factors are relevant:

              •  the complexity of the request for access;

              •  the complexity or remoteness of the Underground
               Facility to which access has been sought;

              •  the number of requests, both internal and external,
               which the First Carrier has received;

              •  whether Detailed