Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p63
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 194393–197913

to obtain:

              (a)  permits, approvals, or licences required from any
               governmental, regulatory or public authority, agency
               or body; and/or

              (b)  any consent of any owner, landlord, licensor or
               mortgagee (including any agreement, determination
               or consent required under any Aboriginal, heritage,
               or native title rules);

           in relation to the installation, repair, testing, operation,
           maintenance, or removal of Equipment, the Second Carrier
           must make reasonable endeavours to obtain the same.
           It should bear the cost of obtaining, such permission,
           approvals and it must provide a copy of all permits,
           authorisations, consents and other approvals to the First
           Carrier. If the law or government regulations require that the
           First Carrier obtain such permission, approvals or
           authorisations, then it must make reasonable endeavours to
           do so but at the Second Carrier's expense. If any such permit,
           approval, licence, consent, agreement or determination
           cannot be obtained then the Second Carrier must not install
           its Equipment.

           4.  Response to Order for access

           (1)  Within ten Business Days of a receipt of an Order the First
            Carrier must give written acknowledgment of the receipt
            of that Order and provide a Response.

           (2)  A Response to an Order must specify, in writing:

              (i)  details of Make Ready Work;

              (ii)  the applicable access charge;

              (iii) the description of Underground Facility to which access
               is sought and the Equipment to be installed by the
               Second Carrier;

              (iv) the Advised Delivery Date; and

              (v)  any reasonable instructions applicable to the Equipment
               to be installed by the Second Carrier, which must be no
               more stringent than those applying to the First Carrier.

           (3)  Subject to sub-clause 4(4) of Schedule B1, the First Carrier
            must deliver access to the Underground Facility in respect
            of which an application has been accepted on the Advised
            Delivery Date or as otherwise agreed.

           (4)  The First Carrier is not obliged to deliver access on the
           Advised Delivery Date if Make Ready Work cannot be
           reasonably completed, due to unforseen circumstances
           or circumstances beyond the First Carrier's control before
           that date, and notice has been given to the Second Carrier,
           in which case access will be delivered on a agreed date,
           which must be as soon as reasonably practicable after the
           Advised Delivery Date.

           (5)  If access to the Underground Facility has been granted and
           notwithstanding the Make Ready Work, the Second Carrier
           is unable to install its Equipment, it must consult the First
           Carrier's Proper Officer with a view to resolving any issues
           which are the responsibility of the First Carrier under this
           Code. The First Carrier must complete any work for which
           it is responsible under this Code as soon as reasonably
           practicable following such consultation.

           5. Delivery of Access

           (1)  A First Carrier must notify