Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p51
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 125180–127692

for notifying owners and occupiers of land about a maintenance activity. It also sets out rules for the owners and occupiers to object to the activity.
The effect of this Part is that:
 The carrier must notify owners and occupiers about maintenance activities in accordance with the Act and this Code
 An owner or occupier has an opportunity to object to the activity
 The carrier must try to resolve the objection by agreement
 If there is no agreement, the objection can be referred to the Telecommunications Industry Ombudsman.

Division 1 Introduction
6.20 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 maintenance 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 maintenance activities.
 (4) Divisions 3 to 5 set out additional arrangements for notification, and arrangements for the owner or occupier to object to the activity.
6.21 Application of Divisions 3, 4 and 5 of Part 5
 (1) Divisions 3, 4 and 5 of this Part do not apply to a maintenance 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 maintenance 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 maintenance activity if the owner or occupier of the land has asked the carrier to engage in the activity as part of the installation of another facility.
Division 2 Notification requirements of clauses 17 and 54 of Schedule 3
           Note  This Division is provided for information only: see subsection 6.1 (2). The provisions of the Act should be consulted to decide rights and obligations.
6.22 Notice to owner and occupier of land
 (1) Before engaging in a maintenance 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