Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p67
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 206852–210380

are
               reasonable, in accordance with the First Carrier's
               standards or practices; or

              •  it is likely to cause substantial operational difficulties; or

              •  it was not prepared by a suitably qualified and
               experienced engineer.

         In the event that agreement cannot be reached between the First
         and Second Carrier on the Construction and Work Plan, the
         Carriers must engage in dispute resolution, as set out in Chapter
         2 of the main Code.

           2.  Permits and approvals

           (1)  If it is necessary to obtain:

              (a)  any permits, approvals or licences from any
               governmental, regulatory or public authority, agency
               or both; and/or

              (b)  any consent of any owner, landlord, licensor or
               mortgagee (including any agreement, determination
               or consent required under any Aboriginal, heritage or
               native title laws),

           in relation to any Make Ready Work, the Second Carrier must
           make reasonable endeavours to obtain the same, and it must
           bear the cost of obtaining such permission, approvals,
           licences, consent, agreement or determination and it must
           provide a copy of all permits, authorisations, consents and
           other approvals to the First Carrier. If the law or government
           regulations require that the First Carrier obtain such
           permission, approvals or authorisations, then it must make
           reasonable endeavours to do so but at the Second Carrier's
           expense. If any such permit, approval, licence, consent,
           agreement or determination cannot be obtained then the
           Second Carrier must not install its Equipment.

           (2)  The Second Carrier must commence obtaining any such
            permit, approval, licence or consent referred to in sub-clause
            2(1) of Schedule B2 and commence ordering and installing
            its Equipment as soon as reasonably practicable.

           (3)  A Carrier must provide such co-operation which the other
            Carrier reasonably requires in obtaining any permission,
            approvals, licences necessary for occupation of the
            Underground Facility as a Shared Underground Facility.

           3.  Conduct of Make Ready Work

           (1)  The Second Carrier must bear all costs of preparing and
            establishing Make Ready Work and all reasonable legal and
            other costs incurred by the First Carrier and any existing
            Second Carrier or Third Party User using the Underground
            Facility.

           (2)  Subject to sub-clause 3(3) of Schedule B2, the Second
            Carrier must carry out Make Ready Work in accordance with
            the agreed Construction and Work Plan and provide a copy
            of diagrams showing any modifications made to the Eligible
            Facility and the location of the Second Carrier's installed
            Equipment.

           (3)  If, after the commencement of Make Ready Work, the
           Second Carrier determines that it must depart from the Final
           Construction and Work Plan, then it may do so, providing
           it has secured the agreement of the First Carrier that such
           a departure would not have a material impact on the First
           Carrier's use of the Underground Facility. In the