Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p26
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 62898–65507

activity on the environment (including heritage and cultural values); and
 (b) the impact of the activity on the carrier, and on customers of the carrier who would be directly affected by the decision.
 (4) Subsection (3) does not limit the issues that the Secretary can consider.
 (5) In engaging in the activity, the carrier must comply with any conditions imposed by the Secretary.

Part 7 General notification arrangements

Simplified outline of Part 7
This Part sets out rules for notifying owners and occupiers of land about a subscriber connection activity.
The effect of this Part is that the carrier must notify owners and occupiers about subscriber connection activities in accordance with the Act and this Code.

Division 1 Introduction
3.36 Purpose of Part 7
 (1) Under clause 17 of Schedule 3 to the Act, a carrier must give written notice to the owner (and, if the land is occupied by someone other than the owner, the occupier) of its intention to engage in a subscriber connection activity.
 (2) Clause 54 of Schedule 3 to the Act sets out arrangements for a carrier to serve notice on an owner or occupier of land if the owner or occupier cannot be found after diligent inquiry.
 (3) Division 2 sets out, in simplified form, the notification requirements of clauses 17 and 54 of Schedule 3 as they apply to subscriber connection activities.
 (4) Division 3 sets out additional arrangements for notification.
3.37 Application of Division 3 of Part 7
 (1) Division 3 of this Part does not apply to a subscriber connection activity if the carrier engages in it as a response to a disaster declaration.
 (2) Division 3 of this Part does not apply to a subscriber connection activity if the carrier engages in it in other circumstances in which the safety of life or property is endangered.
 (3) Division 3 of this Part does not apply to a subscriber connection activity if the owner or occupier of the land has asked the carrier to engage in it as part of the installation of a facility.
 (4) Division 3 of this Part does not apply to a subscriber connection activity to the extent that the activity involves a public street, nature strip or other public land in proximity to:
 (a) the land to which it is reasonably necessary for a carrier to have access in order to install the subscriber connection (the relevant land); and
 (b) the point at which the connection meets the telecommunications network (whether that point is above, on or below the surface of the land) (the network point).
 (5) Divisions 2 and 3 of this Part do not apply to a subscriber connection activity to the extent that