Document ID: chunk:federal_register_of_legislation:F2021L01524:body:0:p37
Version: federal_register_of_legislation:F2021L01524
Segment Type: other
Provision Reference: 
Character Range: 90177–92876

the Act sets out arrangements for a carrier to serve notice on an owner or occupier of land if the owner or occupier cannot be found after diligent inquiry.
 (3) Division 2 sets out, in simplified form, the notification requirements of clauses 17 and 54 of Schedule 3 as they apply to low-impact facility activities.
 (4) Divisions 3 to 5 set out additional arrangements for notification, and arrangements for the owner or occupier to object to the activity.
4.22 Application of Part 5
 (1) Divisions 3, 4 and 5 of this Part do not apply to a low-impact facility activity if the carrier engages in it as a response to a disaster declaration.
 (2) Divisions 3, 4 and 5 of this Part do not apply to a low-impact facility activity if the carrier engages in it in other circumstances in which the safety of life or property is endangered.
 (3) Divisions 3, 4 and 5 of this Part do not apply to a low-impact facility activity if the owner or occupier of the land has asked the carrier to engage in the activity as part of the installation of another facility.
 (4) For this Part, the occupier of public land is:
 (a) the person authorised to occupy the land; or
 (b) if no person is authorised — the authority, Department or person responsible for the care and management of the land.
Division 2 Notification requirements of clauses 17 and 54 of Schedule 3
           Note  Several of the sections in this Division are provided for information only. The provisions of the Act should be consulted to decide rights and obligations.
4.23 Notice to owner and occupier of land
 (1) Before engaging in a low-impact facility activity, a carrier must give written notice of its intention to do so to:
 (a) the owner of the land; and
 (b) if the land is occupied by someone other than the owner — the occupier.
 (2) The notice must specify the purpose for which the carrier intends to engage in the activity.
 (3) The notice must also contain a statement to the effect that, if a person suffers financial loss or damage in relation to property because of anything done by the carrier in engaging in the activity, compensation may be payable under clause 42 of Schedule 3 to the Act.
 (3A) Where the low-impact facility activity relates to installing a temporary facility, the notice must also specify:
 (a) in all circumstances:
               (i)                  the particular purpose for which the installation is proposed;
               (ii)               where the temporary facility includes a tower—the height of the tower;
               (iii)             the physical address at which the temporary facility will be installed;
               (iv)              the day on which the temporary facility is