Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p12
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 28208–30827

(3) The carrier must comply with the requirements of the notice.
2.19 Final notice
 (1) This section applies if the Environment Secretary has given a carrier a notice under section 2.18 about a land entry activity.
 (2) The Secretary must consider any information given to the Secretary by the carrier in response to the notice (and any other relevant matters), and give a carrier a final notice, within a reasonable time:
 (a) confirming the original notice; or
 (b) revoking the original notice; or
 (c) revoking the original notice, but imposing conditions about how the carrier should engage, or continue to engage, in the activity.
 (3) In making a decision under subsection (2), the Secretary must consider:
 (a) the impact of the activity on the environment (including heritage and cultural values); and
 (b) the impact of the activity on the carrier, and on customers of the carrier who would be directly affected by the decision.
 (4) Subsection (3) does not limit the issues that the Secretary can consider.
 (5) In engaging in the activity, the carrier must comply with any conditions imposed by the Secretary.

Part 5 General notification arrangements and objections to land entry activities

Simplified outline of Part 5
This Part sets out rules for notifying owners and occupiers of land about a land entry 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 land entry 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
2.20 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 land entry 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 land 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