Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p43
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 105136–107978

temporary defence facilities.
This Chapter sets out conditions to be complied with by a carrier in installing a temporary defence facility.
The Chapter has 4 Parts.
The Parts deal with the following matters:
 Part 1 — introduction
 Part 3 — additional carrier condition
 Part 4 — Director of National Parks and Environment Secretary
 Part 5 — general notification arrangements.

Part 1 Introduction

5.1 Purpose of Chapter 5
 (1) If a carrier engages, or proposes to engage, in a temporary defence facility 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) Division 2 of Part 5 sets out some of the carrier conditions in the Act, in simplified form, to assist the reader of the Code.
 (3) Part 3 and the other Divisions of Part 5 set out:
 (a) an additional carrier condition; and
 (b) the conditions on carriers related to giving notices to the Director of National Parks, the Environment Secretary, and owners and occupiers of land.
5.2 Temporary defence facility activity
  A temporary defence facility activity of a carrier is any of the following activities of the carrier:
 (a) installing a temporary defence facility;
 (b) carrying out an activity for purposes in connection with the installation of a temporary defence facility.

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 and Media Authority)
     carrier
     Director of National Parks
     environment
     Environment Secretary
     industry standard
     installation
     listed international agreement
     temporary defence facility.

Part 3 Additional carrier condition

5.11 Requirements of defence agencies
  A carrier must engage in a temporary defence facility activity in accordance with any standard or other requirement that:
 (a) relates to the activity; and
 (b) is notified to the carrier, in writing, by:
 (i) the Chief of the Defence Force; or
 (ii) the Secretary to the Department of Defence.

Part 4 Director of National Parks and Environment Secretary

5.12 Notice to Director of National Parks
 (1) The Director of National Parks is responsible for the administration, management and control of Commonwealth reserved and conservation zones under the Environment Protection and Biodiversity Conservation Act 1999.
 (2) If a proposed temporary defence facility activity of a carrier is likely to be undertaken in, or have an effect on, any of the areas for which the Director is responsible, the carrier must notify the Director in writing of the activity before starting the activity, if practicable.

Part 5 General notification arrangements