Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p62
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 191244–194772

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 Field Studies have been previously
               undertaken in relation to the Eligible Facility;

              •  weather conditions in the area where the Eligible
               Facility is located;

              •  the time taken for the Second Carrier to provide
               additional information; and

              •  the time taken to evaluate any additional information
               provided by the Second Carrier.

           (4)  Any time extension granted by an independent expert or the
            ACCC must take effect immediately after the expert or the
            ACCC notifies the First and Second Carrier of its decision.
            If the expert or ACCC refuses to grant an extension, then the
            First Carrier must complete the Detailed Field Study within
            the period specified in sub-clause 1(5) of Schedule B1 or
            some other period determined by the expert or the ACCC.

           (5)  The First Carrier must continue to carry out the Detailed
            Field Study pending the decision of an independent expert
            or the ACCC and, where appropriate, it must inform that
            expert of the progress of performing the Detailed Field Study.

           3.  Order for access by Second Carrier

           (1)  If the Second Carrier wishes to make an Order for access
            to the Underground Facility, it must do so within thirty
            Business Days of being advised of the results of the relevant
            Detailed Field Study.

           (2)  An Order must be consistent with the Equipment, plant,
            work, costs and charge details specified in the Detailed Field
            Study. If the First Carrier determines that an Order in whole
            or any part thereof is inconsistent with the relevant Detailed
            Field Study, it must consult with the Second Carrier with
            a view to overcoming any inconsistencies within five
            Business Days.

           (3)  The Second Carrier's Order must specify in writing:

              (a)  the term of access requested;

              (b)  any reasonable written instructions applicable to the
               installation of Equipment pursuant to Schedule 1 of the
               Act, which must be no more stringent than those
               applying to the First Carrier;

              (c)  a description of Equipment to be installed by the
               Second Carrier and/or a description of the Underground
               Facility; and

              (d)  the required delivery date and physical arrangements
               for the access to the Underground Facility and/or
               Equipment to be installed by the Second Carrier
               referred to in sub-clause 3(3)(c) of Schedule B1.

           (4)  If it is necessary 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,