Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3_1
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3 cl 1
Character Range: 1482533–1485337

1  Simplified outline
  The following is a simplified outline of this Part:

         • A carrier may enter on land and exercise any of the following powers:
             (a) the power to inspect the land to determine whether the land is suitable for the carrier's purposes;
             (b) the power to install a facility on the land;
             (c) the power to maintain a facility that is situated on the land.
         • The power to install a facility may only be exercised if:
             (a) the carrier holds a facility installation permit; or
             (b) the facility is a low‑impact facility; or
             (c) the facility is a temporary facility for use by, or on behalf of, a defence organisation for defence purposes; or
             (d) the installation is carried out before 1 July 2000 for the sole purpose of connecting a building to a network that was in existence on 30 June 1997.
         • A facility installation permit will only be issued in relation to a facility if:
             (a) the carrier has made reasonable efforts to negotiate in good faith with the relevant proprietors and administrative authorities; and
             (b) in a case where the facility is a designated overhead line—each relevant administrative authority has approved the installation of the line; and
             (c) the telecommunications network to which the facility relates is or will be of national significance; and
             (d) the facility is an important part of the telecommunications network to which the facility relates; and
             (e) either the greater part of the infrastructure of the telecommunications network to which the facility relates has already been installed or relevant administrative authorities are reasonably likely to approve the installation of the greater part of the infrastructure of the telecommunications network to which the facility relates; and
             (f) the advantages that are likely to be derived from the operation of the facility in the context of the telecommunications network to which the facility relates outweigh any form of degradation of the environment that is likely to result from the installation of the facility.
         • In exercising powers under this Part, a carrier must comply with certain conditions, including:
             (a) doing as little damage as practicable;
             (b) acting in accordance with good engineering practice;
             (c) complying with recognised industry standards;
             (d) complying with conditions specified in the regulations;
             (e) complying with conditions specified in a Ministerial Code of Practice;
             (f) complying with conditions specified in a facility installation permit;
             (g) giving notice to the owner of land.