Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p5
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 10457–13271

operational conditions carriers must comply with when engaging, or proposing to engage, in a prescribed activity.
1A.2  Meaning of prescribed activity
  In this Code, prescribed activity means an activity of any of the following kinds engaged in by a carrier under Division 2, 3 or 4 of Schedule 3 to the Act:
 (a) a land entry activity;
 (b) a subscriber connection activity;
 (c) a low-impact facility activity;
 (d) a maintenance activity.
           Note 1 Divisions 2, 3 and 4 of Schedule 3 to the Act relate to inspection of land, installation of facilities, and maintenance of facilities respectively.
           Note 2 See sections 2.2, 3.2, 4.2 and 6.2 for the definitions of land entry activity, subscriber connection activity, low-impact facility activity and maintenance activity respectively.

Part 2 Primary Carrier Safety Conditions
1A.3 Management of activities
  A carrier must, in connection with carrying out a prescribed activity or a temporary defence facility activity, take all reasonable steps:
 (a) to act in accordance with good engineering practice; and
 (b) to protect the safety of persons and property; and
 (c) to ensure that the activity interferes as little as practicable with:
 (i) the operations of a public utility; and
 (ii) public roads and paths; and
 (iii) the movement of traffic; and
 (iv) the use of land; and
 (d) to protect the environment.
           Note  See Act, Schedule 3, clause 10, and also Schedule 1, clauses 42 to 44.
1A.4 Best practice
 (1) In engaging in a prescribed activity, a carrier must ensure that the design, planning and installation of facilities (the carrier's facilities) is in accordance with best practice.
 (2) For subsection (1), best practice is conduct of the carrier complying with:
 (a) an industry code, registered by the ACMA under Part 6 of the Act, applying to the activity; or
 (b) a standard, made by the ACMA under Part 6 of the Act, applying to the activity.
 (3) However, if there is no code or standard in force for the activity, best practice is conduct regarded by people constructing facilities substantially similar to the carrier's facilities as using the best available design, planning and location practices to minimise the potential degradation of the environment and the visual amenity associated with the facilities.
1A.5 Compliance with industry standards
  A carrier engaging in a prescribed activity or a temporary defence facility activity must engage in the activity in accordance with any standard that:
 (a) relates to the activity; and
 (b) is recognised by the ACMA as a standard for use in that industry; and
 (c) is likely to reduce a risk to the safety of the public if the carrier complies with the standard.
           Note 1 See Act, Schedule 3, clause 12.
           Note 2 The applicable standards