Document ID: chunk:federal_register_of_legislation:F2023C00244:body:0:p48
Version: federal_register_of_legislation:F2023C00244
Segment Type: other
Provision Reference: 
Character Range: 147097–150598

and/or Tower
            Site for each Carrier to locate its own Equipment and a
            timetable for the installation of Equipment.

           (7)  The First Carrier has the right to put its Equipment at the top
            of the Tower and anywhere not reserved in the Final
            Construction and Work Plan to a Second Carrier.

           (8)  Before deciding to reject the Draft Construction and Work
            Plan, the First Carrier must, within ten Business Days of
            receipt of the Draft Construction and Work Plan, identify its
            concerns so as to permit the Second Carrier to revise the
            Draft Construction and Work Plan and resubmit it in
            accordance with sub-clause 1.1(2) of Schedule A2.

           (9)  The First Carrier must identify reasons for rejecting the Draft
            Construction and Work Plan and may reject the Draft
            Construction and Work Plan only if:

              •  it is inconsistent with the proposal or plans provided
               as part of the Facilities Access Application; or

              •  the plan is not prepared in accordance with standard
               industry practices and/or standards, or, if the First
               Carrier has higher standards or practices which are
               reasonable, in accordance with the First Carrier's
               standards or practices; or

              •  it is likely to cause substantial operational difficulties; or

              •  it was not prepared by a suitably qualified and
               experienced engineer.

            In the event that agreement cannot be reached between the
            First and Second Carrier on the Draft Construction and Work
            Plan, the Carriers must engage in dispute resolution, as set out
            in Chapter 2 of the main Code.

            1.2  Permits and approvals

           (1)  If it is necessary to obtain:

              (a)  any permits, approvals or licences from any
               governmental, regulatory or public authority, agency
               or both; and/or

              (b)  any consent of any owner, landlord, licensor or
               mortgagee (including any agreement, determination
               or consent required under any Aboriginal, heritage
               or native title laws);

           in relation to any Make Ready Work or the Second Carrier's
           Work Plan, the Second Carrier must make reasonable
           endeavours to obtain the same, and it must bear the cost of
           obtaining such permission, approvals, licences, consent,
           agreement or determination and it must provide a copy of all
           permits, authorisations, consents and other approvals to the
           First Carrier. If the law or government regulations require that
           the First Carrier obtain such permission, approvals or
           authorisations, then it must make reasonable endeavours to
           do so but at the Second Carrier's expense. If any such permit,
           approval, licence, consent, agreement or determination
           cannot be obtained then the Second Carrier must not install
           its Equipment.

           (2)  The Second Carrier must begin obtaining any permits,
            approvals, licences or consents referred to in sub-clause
            1.2(1) of Schedule A2 and commence ordering and installing
            its equipment as soon as reasonably practicable.

           (3)  A Carrier