Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p13
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 30597–33093

entry activities.
 (4) Divisions 3 to 5 set out additional arrangements for notification, and arrangements for the owner or occupier to object to the activity.
2.21 Application of Divisions 3, 4 and 5 of Part 5
 (1) Divisions 3, 4 and 5 of this Part do not apply to a land entry activity if the carrier engages in it as a response to a disaster declaration.
 (2) Divisions 3, 4 and 5 of this Part do not apply to a land entry activity if the carrier engages in it in other circumstances in which the safety of life or property is endangered.
 (3) Divisions 3, 4 and 5 of this Part do not apply to a land entry 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.
Division 2 Notification requirements of clauses 17 and 54 of Schedule 3
           Note  This Division is provided for information only: see subsection 2.1 (2). The provisions of the Act should be consulted to decide rights and obligations.
2.22 Notice to owner and occupier of land
 (1) Before engaging in a land entry activity, a carrier must give written notice of its intention to do so to:
 (a) the owner of the land; and
 (b) if the land is occupied by someone other than the owner — the occupier.
 (2) The notice must specify the purpose for which the carrier intends to engage in the activity.
 (3) The notice must also contain a statement to the effect that, if a person suffers financial loss or damage in relation to property because of anything done by the carrier in engaging in the activity, compensation may be payable under clause 42 of Schedule 3 to the Act.
 (4) The notice must be given:
 (a) at least 10 business days before the carrier begins to engage in the activity; or
 (b) at least 2 business days before the carrier begins to engage in the activity if engaging in the activity:
  (i) is not inconsistent with Australia's obligations under a listed international agreement;
  (ii) could not have an effect described in one or more of subparagraphs 27(7)(a)(ii) to (xii) (inclusive) of Schedule 3 to the Act;
  (iii) will not have an adverse effect on a streetscape or other landscape; and
  (iv) will not have an impact on a place, area or thing described in paragraph 27(7)(c) or (d) of Schedule 3 to the Act.
 (5) However, the carrier is not required to give the notice in circumstances mentioned in subclauses 17 (6), (6A), and (7) of Schedule 3 to the Act.
           Note  See Act, Schedule 3, clause 17.
2.23 Serving notices if