34ADeemed access to government-owned infrastructure

#### 34A Deemed access to government-owned infrastructure 34A Deemed access to government-owned infrastructure > > (1) This section applies to— > > > > > (a) land— > > > > > > > (i) on which infrastructure owned or operated by a government sector agency or State owned corporation is located, and > > > > > > > (ii) that is not subject to an agreement with the Authority or an ETNO for access to the infrastructure, and > > > > > (b) land adjoining land specified in paragraph (a). > > > (2) An authorised officer may enter and occupy the land and a building on the land— > > > > > (a) during daylight hours, or > > > > > (b) in an emergency—at any time. > > > (3) The power conferred by this section may be used only— > > > > > (a) for the purposes of installing telecommunications equipment on infrastructure owned or operated by a government sector agency or State owned corporation, and > > > > > (b) in accordance with the site assessment process in the Property and Infrastructure Management Strategy. > > > (4) The authorised officer must not exercise a power under this section unless— > > > > > (a) reasonable written notice of the authorised officer’s intention to exercise the power has been given to the occupier of the land, or > > > > > (b) the authorised officer reasonably believes the giving of notice would cause undue delay having regard to the urgency of the reason for exercising the power. > > > (5) Nothing in this section authorises an authorised officer to— > > > > > (a) enter part of a building used for residential purposes without the consent of the occupier of that part, or > > > > > (b) occupy a classified road within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) without the consent of— > > > > > > > (i) Transport for NSW, constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109), or > > > > > > > (ii) the roads authority, within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033). > > **s 34A:** Ins 2022 No 20, Sch 1\[3\].