Part 5 General notification arrangements and objections to land entry activities
Simplified outline of Part 5This Part sets out rules for notifying owners and occupiers of land about a land entry activity. It also sets out rules for the owners and occupiers to object to the activity.The effect of this Part is that: The carrier must notify owners and occupiers about land entry activities in accordance with the Act and this Code An owner or occupier has an opportunity to object to the activity The carrier must try to resolve the objection by agreement If there is no agreement, the objection can be referred to the Telecommunications Industry Ombudsman.
2.20 Purpose of Part 5
(1) Under clause 17 of Schedule 3 to the Act, a carrier must give written notice to the owner (and, if the land is occupied by someone other than the owner, the occupier) of its intention to engage in a land entry activity.
(2) Clause 54 of Schedule 3 to 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 land entry activities.
(4) Divisions 3 to 5 set out additional arrangements for notification, and arrangements for the owner or occupier to object to the activity.
2.21 Application of Divisions 3, 4 and 5 of Part 5
(1) Divisions 3, 4 and 5 of this Part do not apply to a land entry 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 land entry 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 land entry activity if the owner or occupier of the land has asked the carrier to engage in it as part of the installation of a facility.
Note This Division is provided for information only: see subsection 2.1 (2). The provisions of the Act should be consulted to decide rights and obligations.
2.22 Notice to owner and occupier of land
(1) Before engaging in a land entry activity, a carrier must give written notice of its intention to do so to:
(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.
(4) The notice must be given:
(a) at least 10 business days before the carrier begins to engage in the activity; or
(b) at least 2 business days before the carrier begins to engage in the activity if engaging in the activity:
(i) is not inconsistent with Australia’s obligations under a listed international agreement;
(ii) could not have an effect described in one or more of subparagraphs 27(7)(a)(ii) to (xii) (inclusive) of Schedule 3 to the Act;
(iii) will not have an adverse effect on a streetscape or other landscape; and
(iv) will not have an impact on a place, area or thing described in paragraph 27(7)(c) or (d) of Schedule 3 to the Act.
(5) However, the carrier is not required to give the notice in circumstances mentioned in subclauses 17 (6), (6A), and (7) of Schedule 3 to the Act.
2.23 Serving notices if owner unknown
(1) If a carrier is unable, after diligent inquiry, to find out who owns particular land, the carrier may serve a notice on the owner of the land by publishing a copy of the notice in a newspaper circulating in a district in which the land is situated and:
(2) If a carrier is unable to serve a notice on the owner of land either personally, or by post, in accordance with section 1.6, the carrier may serve a notice on the owner of the land by publishing a copy of the notice in a newspaper circulating in a district in which the land is situated and:
2.24 Serving notices if occupier unknown
(1) If a carrier is unable to serve a notice on the occupier of land either personally, or by post, in accordance with section 1.6, the carrier may serve a notice on the occupier by publishing a copy of the notice in a newspaper circulating in the district in which the land is situated and:
(2) If a carrier is unable, after diligent inquiry, to find out whether particular land is occupied, or who occupies particular land, the carrier may treat the land as unoccupied.
2.25 Notice to owner and occupier of land: additional requirements
(1) A carrier must include in a notice mentioned in section 2.22:
(a) details of the actions that the carrier expects to take, as part of the land entry activity, on land affected by the activity; and
(2) If the Telecommunications Industry Ombudsman has issued a document setting out how the carrier is to explain the arrangements for making objections to the land entry activity, the carrier must comply with the document.
2.25A Withdrawal of notices
(1) This section applies to a carrier who has given a notice (the original notice) to an owner or occupier of land for a land entry activity in accordance with this Code.
(2) If the carrier cancels the activity, the carrier must give written notice to the owner or occupier that the original notice is withdrawn (a withdrawal notice).
(3) The withdrawal notice must describe the activity specified in the original notice that has been cancelled.
Note: If more than one activity was specified in the original notice, the withdrawal notice must describe each activity that has been cancelled.
(5) The withdrawal notice must be given by the carrier within 5 business days after the decision to cancel the activity is made.
2.26 Agreement on alternative notification arrangements
(1) A carrier may agree in writing with an owner or occupier of land affected by a land entry activity for alternative notification arrangements.
2.27 Additional arrangements for serving notices
(1) If a carrier serves a notice under section 2.23 or 2.24, the carrier must, if practicable after engaging in the land entry activity, attach to a conspicuous part of the land a copy of another notice that:
(2) However, the carrier is not required to fix the notice on occupied land if the carrier has been able to give the occupier a notice about the activity either personally, or by post, in accordance with section 1.6.
2.28 Objection to land entry activity
(1) If a carrier gives notice to an owner or occupier of land of its intention to engage in a land entry activity, the owner or occupier (the objector) may give the carrier a written objection to the activity.
2.29 Reasons for objection
(e) the carrier’s proposals to minimise detriment and inconvenience, and to do as little damage as practicable, to the objector’s land.
Note The carrier is required to take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as practicable in engaging in the activity: see Act, Schedule 3, clause 8.
2.30 Time for giving objection to carrier
(1) For a notice to which paragraph 2.22 (4)(a) applies, the objection must be given to the carrier within 9 business days after the notice is received.
(2) For a notice to which paragraph 2.22 (4)(b) applies, the objection must be given to the carrier within 1 business day after the notice is received.
Note The objection periods of 9 business days and 1 business day in section 2.31 reflect these notification requirements in clause 17 of Schedule 3 to the Act.
2.31 Activity after objection
If the objection complies with sections 2.28 to 2.30, the carrier may only engage in the land entry activity if 1 of the following situations happens:
Situation 2 A request to refer the objection to the Telecommunications Industry Ombudsman is not received by the carrier within the 9 business days mentioned in section 2.35.
Situation 3 The Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome.
2.32 Consultation
(1) The carrier must make reasonable efforts to consult the objector about the objection within 5 business days after receiving the objection.
(2) The carrier must also make reasonable efforts to resolve the objection by agreement with the objector within 20 business days after receiving the objection.
Note An agreement with the objector allows the carrier to engage in the land entry activity: see s 2.31, situation 1.
2.33 Changes to land entry activity
(1) If the objection is not resolved by agreement within 20 business days after receiving the objection, the carrier must consider whether to change the land entry activity.
(c) is likely to have a greater adverse effect on the environment than engaging in the activity as originally proposed; or
(b) if the carrier does not propose to change the activity — why the carrier will engage in the activity as originally proposed.
2.34 Application of Division 5
2.35 Request to refer objection to Telecommunications Industry Ombudsman
(1) Within 9 business days after the objector receives the carrier’s response to the objection, the objector may ask the carrier, in writing, to refer the objection to the Telecommunications Industry Ombudsman.
Note If the objector does not ask the carrier to refer the objection, the carrier may engage in the land entry activity: see s 2.31, situation 2.
2.35A Referral of matters by carrier to Telecommunications Industry Ombudsman
(a) the carrier has made reasonable efforts to resolve the matter within 10 business days after commencing consultation on the matter; and
(ii) a copy of the notice given to the owner or occupier under section 2.22; and
2.36 Compliance with directions of Telecommunications Industry Ombudsman
(1) Subject to this section, if the Telecommunications Industry Ombudsman gives a direction to the carrier about the way in which the carrier should engage in the land entry activity, the carrier must comply with the direction.
(2) This section applies only if the objection which is the subject of the direction comes, in whole or in part, within the jurisdiction of the Telecommunications Industry Ombudsman.
Note 1 If the Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome, the carrier may engage in the land entry activity: see s 2.31, situation 3.
Note 2 If the Telecommunications Industry Ombudsman gives a direction to the carrier, the carrier may engage in the land entry activity: see s 2.31, situation 4.
Chapter 3 Subscriber connection
Simplified outline of Chapter 3Division 3 of Schedule 3 to the Telecommunications Act 1997 authorises a carrier to enter on land and install facilities, including a subscriber connection.This Chapter sets out conditions to be complied with by a carrier in installing a subscriber connection.The Chapter has 6 Parts.The Parts deal with the following matters: Part 1 — introduction Part 3 — additional carrier conditions Part 4 — installing a subscriber connection underground: no third parties Part 5 — installing a subscriber connection underground: third parties Part 6 — Director of National Parks and Environment Secretary Part 7 — general notification arrangements.
3.1 Purpose of Chapter 3
(1) Under the Act, if a carrier engages in, or proposes to engage in, a subscriber connection activity, the carrier must comply with:
(2) Division 2 of Part 7 sets out some of the carrier conditions in the Act, in simplified form, to assist the reader of the Code.
(3) Parts 3 to 6, and the other Divisions of Part 7, set out:
(a) additional carrier conditions; and
(b) the conditions on carriers related to giving notices to the Director of National Parks, the Environment Secretary, and owners and occupiers of land; and
(c) the process for owners and occupiers of land to object to a subscriber connection activity; and
(d) the process by which objections may be resolved or referred to the Telecommunications Industry Ombudsman.
3.2 Subscriber connection activity
A subscriber connection activity of a carrier is any of the following activities:
(a) installing a subscriber connection;
(b) carrying out an activity for purposes in connection with the installation of a subscriber connection.
Note on definitionsA number of words and expressions used in this Chapter are to be found in the dictionary in the Schedule, including: ACMA (the Australian Communications and Media Authority) aerial cabling carrier Director of National Parks environment Environment Secretary industry standard installation listed international agreement subscriber connection.
3.13 Co‑location
(1) Before engaging in a subscriber connection activity, a carrier must take all reasonable steps to find out whether any of the following things (existing facilities) is available for the activity:
(a) cabling, conduits or other facilities of the carrier or another carrier; or
(b) a facility of a public utility; or
(c) an easement attaching to the land for a public purpose.
(2) The carrier must take all reasonable steps to use existing facilities for the activity.
3.14 Cooperation about activities
Before engaging in a subscriber connection activity, a carrier (the first carrier) must take all reasonable steps:
(a) to find out whether another carrier, or a public utility, is engaging in, or proposing to engage in, a similar activity for the same land; and
(b) to consider whether it is practicable to work with the other carrier or the utility to allow the first carrier:
(i) to cause as little detriment and inconvenience as is practicable; and
(ii) to do as little damage as is practicable.
Note The carrier is required to take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as practicable in engaging in the activity: see Act, Schedule 3, clause 8.
3.16 Height of subscriber connections
(1) A carrier must ensure that the minimum height of a subscriber connection from the ground complies with this section.
(2) If a standard or code under Part 6 of the Act applying to the activity specifies the minimum height of a subscriber connection, the minimum height of the connection must comply with the standard or code.
(3) If no standard or code specifies the minimum height of a subscriber connection for an area in which there is no vehicle traffic, the minimum height of the connection must be 2.4 metres.
(3) If no standard or code specifies the minimum height of a subscriber connection for a driveway not normally used by a vehicle regarded as a tall commercial vehicle, the minimum height of the connection must be 3.7 metres.
(4) If no standard or code specifies the minimum height of a subscriber connection for any other area in which there is vehicle traffic, the minimum height of the connection must be 4.9 metres.
Note The minimum heights in this section are derived from the current AS/CA s009: 2013 Australian Standards — Installation Requirements for Customer Cabling (Wiring Rules).
Part Part 5 - Telecommunications Code of Practice 2021 - General notification arrangements and objections to land entry activities | Zoe