Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3_27:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3 cl 27 (pt 2/5)
Character Range: 1527537–1530378

the carrier has made reasonable efforts to negotiate in good faith with:
 (i) each proprietor whose approval is required, or would, apart from Division 3, be required, for carrying out the installation; and
 (ii) each administrative authority whose approval is required, or would, apart from Division 3, be required, for carrying out the installation; and
 (b) one of the following subparagraphs applies:
 (i) at least one approval that is referred to in subparagraph (a)(i) has not been obtained within 20 business days after the beginning of the negotiations concerned;
 (ii) at least one approval that is referred to in subparagraph (a)(ii) has not been obtained within 6 months after the beginning of the negotiations concerned;
 (iii) at least one approval that is referred to in paragraph (a) has been refused.

Conditions relating to facilities consisting of designated overhead lines
 (2A) For the purposes of paragraph (1)(f), the following conditions are specified:
 (a) the carrier has made reasonable efforts to negotiate in good faith with each proprietor whose approval is required, or would, apart from Division 3, be required, for carrying out the installation; and
 (b) at least one of those approvals has not been obtained within 20 business days after the beginning of the negotiations concerned; and
 (c) each administrative authority whose approval is required, or would, apart from Division 3, be required, for the installation of the line has given such an approval.

Networks of national significance
 (3) In determining the matter set out in paragraph (1)(a), the ACMA must have regard to the following:
 (a) the geographical reach of the network;
 (b) the number of customers connected, or likely to be connected, to the network;
 (c) the importance of the network to the national economy;
 (d) such other matters (if any) as the ACMA considers relevant.

When facilities are an important part of a network
 (4) In determining the matter set out in paragraph (1)(b), the ACMA must have regard to at least one of the following:
 (a) the technical importance of the facilities in the context of the telecommunications network to which the facilities relate;
 (b) the economic importance of the facilities in the context of the telecommunications network to which the facilities relate;
 (c) the social importance of the facilities in the context of the telecommunications network to which the facilities relate.

When advantages of facilities outweigh degradation of the environment
 (5) In determining the matter set out in paragraph (1)(d), the ACMA must have regard to the following:
 (a) the extent to which the installation of the facilities is likely to promote the long‑term interests of end‑users of carriage services or of services supplied by means of carriage services;
 (b) the impact of the installation,