Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p41
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 99897–102752

as practicable, to the objector's land.
Note The carrier is required to take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as practicable in engaging in the activity: see Act, Schedule 3, clause 8.
4.31 Time for giving objection to carrier
  The objection must be given to the carrier at least 5 business days before the carrier proposes to engage in the low-impact facility activity.
4.32 Activity after objection
  If the objection complies with sections 4.29 to 4.31, the carrier must not engage in the low-impact facility activity unless 1 of the following situations happens:
Situation 1 The objection is resolved by an agreement between the carrier and objector.
Situation 2 A request to refer the objection to the Telecommunications Industry Ombudsman is not received by the carrier within the 5 business days mentioned in section 4.36.
Situation 3 The Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome.
Situation 4 The Telecommunications Industry Ombudsman gives a direction to the carrier.
4.33 Consultation
 (1) The carrier must make reasonable efforts to consult the objector about the objection within 5 business days after receiving the objection.
 (2) The carrier must also make reasonable efforts to resolve the objection by agreement with the objector within 20 business days after receiving the objection.
           Note  An agreement with the objector allows the carrier to engage in the low-impact facility activity: see s 4.32, situation 1.
 (3) The carrier must comply with any agreement made with the objector.
4.34 Changes to low-impact facility activity
 (1) If the objection is not resolved by agreement within 20 business days after receiving the objection, the carrier must consider whether to change the low-impact facility activity.
 (2) The carrier is not required to change the activity in a way that:
 (a) is not economically feasible; or
 (b) is not technically practicable; or
 (c) is likely to have a greater adverse effect on the environment than engaging in the activity as originally proposed; or
 (d) is inconsistent with a recognised industry standard or practice relevant to the activity.
 (3) Within 25 business days after receiving the objection, the carrier must tell the objector, in writing:
 (a) whether the carrier proposes to change the activity, and, if so, how; and
 (b) if the carrier does not propose to change the activity — why the carrier will engage in the activity as originally proposed.
Division 5 Objection made to Telecommunications Industry Ombudsman
4.35 Application of Division 5
  This Division applies if:
 (a) the objection is not resolved by agreement between the carrier and objector; and