Document ID: chunk:federal_register_of_legislation:F2023L01641:clause:1_2:p1
Version: federal_register_of_legislation:F2023L01641
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/2)
Character Range: 3662–6771

2                                            Any real estate development project in respect of which (at the relevant time):
                                               (a)    where items 1(a) and (b) above apply; and
                                               (b)    a relevant SIP has provided written notice to the person responsible for the project that the relevant SIP will not take ownership of any fibre-ready facilities located inside a project area.

    Note: Subsection 13(3) of the Legislation Act 2003 allows specification of matters by class or classes of           matters.

    (2)    If, after receiving a written request from the person responsible for the real estate development project (the responsible person) in respect of the matters set out in item 1(b) or item 2(b) in the table to subsection (1), a relevant SIP for that service area does not provide written notice within 30 business days of the day after receiving the responsible person's written request, or otherwise by a later date agreed in writing between the parties, the relevant SIP will be taken to have provided written notice in accordance with item 1(b) or item 2(b) (as the case applies).
    (3)    For the avoidance of doubt, where there is more than one relevant SIP for a service area:
         (a)    item 1(b) or item 2(b) in the table to subsection (1) applies if one of the relevant SIPs has provided written notice (as the case applies); and
         (b)    subsection (2) applies if one of the relevant SIPs has received a written request from the person responsible for the real estate development project.
    (4)    The person responsible for the real estate development project (or a person on behalf of the real estate development project) has provided to the Secretary of the Department a written notice setting out the following details about the project for which the exemption under this instrument is claimed:
         (a)    the name of the development (if available);
         (b)    the development's stage name or number (if available);
         (c)     the development type, in terms of whether it is 'residential', 'commercial', 'industrial', 'mixed development', 'public/private institution' or 'other';
         (d)    the total estimated number of building lots or building units in the development;
         (e)    whether any part of the project area is located inside the fixed-line SIP network region of a relevant SIP;
         (f)     whether there is any new underground utility infrastructure installed or planned to be installed in proximity to each building lot situated in the project area, as part of the development, or as headworks to service the development;
         (g)      any of the following:
               (i)                  the location and boundary of the development; or
               (ii)               the lot/plan number of the development; or
               (iii)             the address of the development;
         (h)    in circumstances where subsection (2) does not apply, the written notice provided by a relevant SIP pursuant to item 1(b)