74Compliance with installation conditions

### 74 Compliance with installation conditions > > (1)  In this section – > > > > > ***installation condition***, in relation to a service infrastructure permission, means a condition in relation to installation of service infrastructure imposed under [section 73(2)(b)](#GS73@Gs2@Hpb@EN) on the service infrastructure permission. > > > (2)  This section applies if there are installation conditions imposed on a service infrastructure permission. > > > (3)  The responsible manager in relation to a corridor, by notice to the responsible entity, may, from time to time as circumstances require having regard to the corridor safety and use objectives, vary the installation conditions imposed on the service infrastructure permission granted to the responsible entity. > > > (4)  If the responsible entity fails to comply with an installation condition imposed on the service infrastructure permission granted to the responsible entity, the relevant responsible manager may – > > > > > > (a) by notice to the responsible entity, require the responsible entity to comply with the condition within a specified time; or > > > > > > > (b) with or without notice to the responsible entity, take action itself to ensure that the condition is complied with; or > > > > > > > (c) by notice to the responsible entity, revoke the service infrastructure permission (with or without decommissioning, adjusting, moving, removing or disposing of any service infrastructure already installed). > > > (5)  The responsible manager is to determine which action, if any, to take under [subsection (4)](#GS74@Gs4@EN) , in relation to a failure to comply with an installation condition by considering – > > > > > > (a) the nature of the condition that the responsible entity has failed to comply with; and > > > > > > > (b) the status of the responsible entity; and > > > > > > > (c) the urgency or seriousness of any threat to the attainment of the corridor safety and use objectives that may arise, or has arisen, directly or indirectly because of the failure to comply with the condition. > > > (6)  If the responsible entity fails to comply with a notice under [subsection (4)(a)](#GS74@Gs4@Hpa@EN) , the relevant responsible manager may proceed to act under [subsection (4)(b)](#GS74@Gs4@Hpb@EN) or [(c)](#GS74@Gs4@Hpc@EN) as if the failure were an initial failure to comply with the installation condition. > > > (7)  Any costs that the relevant responsible manager incurs pursuant to [subsection (4)(b)](#GS74@Gs4@Hpb@EN) or [(c)](#GS74@Gs4@Hpc@EN) are recoverable as a debt due to the responsible manager from the responsible entity. > > > (8)  Neither the Crown nor the relevant responsible manager is liable for any loss or damage that a responsible entity may incur as a result of actions taken under [subsection (4)(b)](#GS74@Gs4@Hpb@EN) or [(c)](#GS74@Gs4@Hpc@EN) .