Government Telecommunications Act 2018

This section applies if the Authority or an ETNO reasonably believes—

structures or things situated in, on or near the Authority’s or the ETNO’s telecommunications infrastructure could—

destroy, damage or interfere with the functioning of the infrastructure, or

make the infrastructure become—

a potential cause of bush fire, or

a potential risk to public safety, or

structures or things could—

cause interference to radio frequency transmissions to or from the Authority’s or the ETNO’s telecommunications infrastructure, or

obstruct transmission paths to or from the infrastructure.

The Authority or the ETNO may serve a written notice on the owner of the structure or thing requiring the owner to modify or remove the structure or thing.

The cost of work carried out in accordance with a requirement in the written notice is to be paid by the person served with the notice.

The Authority or the ETNO may, in an emergency, modify or remove the structure or thing itself, instead of serving a written notice.

The written notice—

must specify the work to be carried out, and

must specify a reasonable time within which the work must be carried out, and

may require that vegetation near the structure or thing is managed in accordance with the Standards for Asset Protection Zones published on the website of the NSW Rural Fire Service from time to time.

If the owner fails to carry out the work as required by the notice, the Authority or the ETNO may carry out the work.

The Authority or the ETNO may apply for an injunction to prevent a structure or thing being placed in, on or near the Authority’s or the ETNO’s telecommunications infrastructure.