Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p24
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 57794–60569

is responsible, the carrier must notify the Director in writing of the activity.
 (3) The Director must be notified at least 10 business days before the start of the activity.
 (4) However, the carrier and Director may agree, in writing, for alternative notification arrangements.
3.32 Notice to Environment Secretary
 (1) Before engaging in a subscriber connection activity, a carrier must take all reasonable steps to find out whether the carrier would be required to notify the Environment Secretary of the activity under this section.
 (2) However, the carrier and the Environment Secretary may agree, in writing, on how the carrier is to find out whether the carrier would be required to notify the Environment Secretary.
 (3) A carrier must notify the Environment Secretary, in writing, of a proposed subscriber connection activity, at least 10 business days before the start of the activity, if subsection (4), (5) or (6) applies to the activity.
 (4) The carrier must notify the Environment Secretary if the activity:
 (a) is, or is likely to be, inconsistent with Australia's obligations under a listed international agreement; or
 (b) could threaten with extinction, or significantly impede the recovery of, a threatened species; or
 (c) could put a species of flora or fauna at risk of becoming a threatened species; or
 (d) could have an adverse effect on a threatened species of flora or fauna; or
 (e) could damage the whole or a part of a habitat of a threatened species of flora or fauna; or
 (f) could damage the whole or a part of a place, or an ecological community, essential to the continuing existence of a threatened species of flora or fauna; or
 (g) could threaten with extinction, or significantly impede the recovery of, an endangered ecological community; or
 (h) could have an adverse effect on an endangered ecological community; or
 (i) could damage the whole or a part of the habitat of an endangered ecological community; or
 (j) could have a significant impact on the value of the National Heritage List place or a World Heritage List property; or.
 (5) The carrier must notify the Environment Secretary if the carrier proposes to engage in the activity at any of the following places:
 (a) a declared Heritage Property (as defined in the Environment Protection and Biodiversity Conservation Act 1999);
 (b) a place that Australia is required to protect by the terms of a listed international agreement;
 (c) an area that, under a law of the Commonwealth, is reserved wholly or principally for nature conservation purposes (however described);
 (d) an area that, under a law of the Commonwealth, is protected from significant environmental disturbance.
 (6) The carrier must notify the Environment Secretary if the carrier proposes to engage