Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p44
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 107731–110281

be undertaken in, or have an effect on, any of the areas for which the Director is responsible, the carrier must notify the Director in writing of the activity before starting the activity, if practicable.

Part 5 General notification arrangements
Division 1 Introduction
5.13 Purpose of Part 5
 (1) Under clause 17 of Schedule 3 to the Act, a carrier must give written notice to the owner (and, if the land is occupied by someone other than the owner, the occupier) of its intention to engage in a temporary defence facility activity.
 (2) Clause 54 of Schedule 3 to the Act sets out arrangements for a carrier to serve notice on an owner or occupier of land if the owner or occupier cannot be found after diligent inquiry.
 (3) Division 2 sets out, in simplified form, the notification requirements of clauses 17 and 54 of Schedule 3 as they apply to temporary defence facility activities.
 (4) Division 3 sets out additional arrangements for notification.
Division 2 Notification requirements of clauses 17 and 54 of Schedule 3
           Note  This Division is provided for information only: see subsection 5.1 (2). The provisions of the Act should be consulted to decide rights and obligations.
5.14 Notice to owner and occupier of land
 (1) Before engaging in a temporary defence facility 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 at least 10 business days before the carrier begins to engage in the activity.
 (5) However, the carrier is not required to give the notice in circumstances mentioned in subclauses 17 (5) to (7) of Schedule 3 to the Act.
           Note  See Act, Schedule 3, clause 17.
5.15 Serving notices if owner unknown
 (1) If a carrier is unable, after diligent inquiry, to find out who owns particular land, the carrier may serve a notice on the owner of the land by publishing a copy of the notice in a newspaper circulating in a district in which the land is situated and:
 (a) if the land is occupied — serving a copy of the notice to the occupier; or
 (b) if the land is not