Telecommunications Act 1997

Before engaging in an activity under Division 2, 3 or 4 in relation to any land, a carrier must give written notice of its intention to do so to:

the owner of the land; and

if the land is occupied by a person other than the owner—the occupier.

The notice must specify the purpose for which the carrier intends to engage in the activity.

The notice under subclause (1) must contain a statement to the effect that, if a person suffers financial loss or damage in relation to property because of anything done by a carrier in engaging in the activity, compensation may be payable under clause 42.

The notice must be given at least 10 business days before the carrier begins to engage in the activity.

Despite subclause (4), the notice need be given only 2 business days before the carrier begins to engage in an activity authorised by Division 2 (which deals with inspection) that:

is not inconsistent with Australia’s obligations under a listed international agreement; and

could not have an effect described in one or more of subparagraphs 27(7)(a)(ii) to (xii) (inclusive) of this Schedule; and

will not have an adverse effect on a streetscape or other landscape; and

will not have an impact on a place, area or thing described in paragraph 27(7)(c) or (d) of this Schedule.

A person may waive the person’s right to be given a notice under subclause (1).

Subclause (1) does not apply if:

the carrier intends to engage in activities under Division 2 (which deals with inspection of land), 3 (which deals with installation of facilities) or 4 (which deals with maintenance); and

those activities need to be carried out without delay in order to protect:

the integrity of a telecommunications network or a facility; or

the health or safety of persons; or

the environment; or

property; or

the maintenance of an adequate level of service.

Subclause (1) does not apply if:

the carrier intends to engage in an activity under Division 2, 3 or 4 in relation to the installation, proposed installation or maintenance of a temporary defence facility; and

the carrier considers that compliance with subclause (1) is impracticable in the circumstances.

For the purposes of this clause, a temporary defence facility is a facility of the kind that is mentioned in paragraph 6(1)(c) of this Schedule.

Subclause (1) does not apply if the carrier intends to engage in an activity under Division 2 (which deals with inspection) in relation to land that is a public place and the activity:

is not inconsistent with Australia’s obligations under a listed international agreement; and

could not have an effect described in one or more of subparagraphs 27(7)(a)(ii) to (xii) (inclusive) of this Schedule; and

will not have an adverse effect on a streetscape or other landscape; and

will not have an impact on a place, area or thing described in paragraph 27(7)(c) or (d) of this Schedule.

Subclause (1) does not apply if:

the carrier intends to install a low‑impact facility under Division 3; and

the installation of the facility is covered by paragraph 6(5)(g).

For the purposes of this clause, low‑impact facility has the same meaning as in clause 6.