Commonwealth of Australia

Telecommunications Act 1997

Telecommunications Code of Practice 1997

Table of Provisions

Section Page

Chapter 1—Preliminary

1.1 Citation..........................................1

1.2 Commencement....................................1

Background to Code of Practice

Simplified outline of Code.............................2

1.3 Definitions—the dictionary............................3

1.4 Notification procedures...............................4

Chapter 2—Inspection of Land

Simplified outline of Chapter 2.........................5

Part 1—Introduction

2.1 Purpose of Chapter 2.................................6

2.2 Land entry activity..................................6

Note on definitions..................................7

Part 2—Conditions in the Act for carrier conduct

2.3 Carrier to do as little damage as practicable................8

2.4 Carrier to restore land................................8

2.5 Management of activities.............................8

2.6 Agreements with public utilities.........................9

2.7 Compliance with industry standards......................9

2.8 Compliance with listed international agreements.............9

2.9 Notice to roads authorities, utilities etc...................10

2.10 Records for certain facilities..........................11

Section Page

Part 3—Additional carrier conditions

2.11 Best practice......................................12

2.12 Noise...........................................12

2.13 Compliance with standards and codes...................12

Part 4—Nature Conservation Director,

Heritage Chairperson and Environment Secretary

Division 1—Purpose of Part 4

2.14 Purpose.........................................14

Division 2—Notification requirements

2.15 Notice to Nature Conservation Director..................14

2.16 Notice to Heritage Chairperson........................15

2.17 Notice to Environment Secretary.......................15

2.18 Notification agreements.............................17

Division 3—Response by Environment Secretary

2.19 Interim notice stopping land entry activity................17

2.20 Final notice......................................18

Part 5—General notification arrangements and

objections to land entry activities

Simplified outline of Part 5...........................19

Division 1—Introduction

2.21 Purpose of Part 5..................................19

2.22 Application of Divisions 3, 4 and 5 of Part 5...............20

Division 2—Notification requirements of clauses 17 and 54

of Schedule 3

2.23 Notice to owner and occupier of land....................20

2.24 Serving notices if owner unknown......................21

2.25 Serving notices if occupier unknown....................21

Division 3—Additional notification arrangements

2.26 Notice to owner and occupier of land: additional requirements..22

2.27 Agreement on alternative notification arrangements.........22

2.28 Additional arrangements for serving notices...............22

Section Page

Division 4—Objection made to carrier

2.29 Objection to land entry activity........................24

2.30 Reasons for objection...............................24

2.31 Time for giving objection to carrier.....................24

2.32 Activity after objection..............................25

2.33 Consultation......................................25

2.34 Changes to land entry activity.........................25

Division 5—Objection made to

Telecommunications Industry Ombudsman

2.35 Application of Division 5............................27

2.36 Request to refer objection to

Telecommunications Industry Ombudsman...............27

2.37 Compliance with directions of

Telecommunications Industry Ombudsman...............27

Chapter 3—Subscriber Connection

Simplified outline of Chapter 3........................29

Part 1—Introduction

3.1 Purpose of Chapter 3................................30

3.2 Subscriber connection activity.........................30

Note on definitions.................................31

Part 2—Conditions in the Act for carrier conduct

3.3 Carrier to do as little damage as practicable...............32

3.4 Carrier to restore land...............................32

3.5 Management of activities.............................32

3.6 Agreements with public utilities........................33

3.7 Compliance with industry standards.....................33

3.8 Compliance with listed international agreements............33

3.9 Notice to roads authorities, utilities etc...................33

3.10 Records for certain facilities..........................35

Section Page

Part 3—Additional carrier conditions

3.11 Best practice......................................36

3.12 Noise...........................................36

3.13 Co-location......................................37

3.14 Cooperation about activities..........................37

3.15 Compliance with standards and codes...................37

3.16 Height of subscriber connections.......................38

Part 4—Installing a subscriber connection underground:

no third parties

Simplified outline of Part 4...........................39

3.17 Application of Part 4................................39

3.18 Offer to install subscriber connection underground..........39

3.19 Indicative price....................................40

3.20 Installation quote..................................40

3.21 Aerial or underground connection......................40

Part 5—Installing a subscriber connection underground:

third parties

Simplified outline of Part 5...........................41

3.22 Application of Part 5................................41

3.23 Offer to install subscriber connection underground..........42

3.24 Indicative price to subscriber..........................42

3.25 Installation quote to subscriber.........................42

3.26 Offer to third party.................................43

3.27 Indicative price to third party..........................43

3.28 Installation quote to third party........................43

3.29 Aerial or underground installation: subscriber’s land.........44

3.30 Aerial or underground installation: third party’s land.........44

Part 6—Nature Conservation Director,

Heritage Chairperson and Environment Secretary

3.31 Notice to Nature Conservation Director..................45

3.32 Notice to Heritage Chairperson........................45

3.33 Notice to Environment Secretary.......................46

Section Page

3.34 Notification agreements.............................47

3.35 Interim notice stopping subscriber connection activity........48

3.36 Final notice......................................48

Part 7—General notification arrangements

Simplified outline of Part 7...........................49

Division 1—Introduction

3.37 Purpose of Part 7..................................49

3.38 Application of Division 3 of Part 7......................49

Division 2—Notification requirements of clauses 17 and 54

of Schedule 3

3.39 Notice to owner and occupier of land....................50

3.40 Serving notices if owner unknown......................52

3.41 Serving notices if occupier unknown....................52

Division 3—Additional notification arrangements

3.42 Notice to owner and occupier of land: additional requirements..53

3.43 Agreement on alternative notification arrangements.........53

3.44 Additional arrangements for serving notices...............53

Chapter 4—Low-impact Facilities

Simplified outline of Chapter 4........................54

Part 1—Introduction

4.1 Purpose of Chapter 4................................55

4.2 Low-impact facility activity...........................55

Note on definitions.................................56

Part 2—Conditions in the Act for carrier conduct

4.3 Carrier to do as little damage as practicable...............57

4.4 Carrier to restore land...............................57

4.5 Management of activities.............................57

4.6 Agreements with public utilities........................58

Section Page

4.7 Compliance with industry standards.....................58

4.8 Compliance with listed international agreements............58

4.9 Notice to roads authorities, utilities etc...................59

4.10 Records for certain facilities..........................60

Part 3—Additional carrier conditions

4.11 Best practice......................................61

4.12 Noise...........................................61

4.13 Co-location......................................61

4.14 Cooperation about activities..........................62

4.15 Compliance with standards and codes...................62

Part 4—Nature Conservation Director,

Heritage Chairperson and Environment Secretary

4.16 Notice to Nature Conservation Director..................63

4.17 Notice to Heritage Chairperson........................63

4.18 Notice to Environment Secretary.......................63

4.19 Notification agreements.............................66

4.20 Interim notice stopping low-impact facility activity..........66

4.21 Final notice......................................67

Part 5—General notification arrangements and

objections to low-impact facility activities

Simplified outline of Part 5...........................68

Division 1—Introduction

4.22 Purpose of Part 5..................................68

4.23 Application of Part 5................................69

Division 2—Notification requirements of clauses 17 and 54

of Schedule 3

4.24 Notice to owner and occupier of land....................69

4.25 Serving notices if owner unknown......................71

4.26 Serving notices if occupier unknown....................71

Section Page

Division 3—Additional notification arrangements

4.27 Notice to owner and occupier of land: additional requirements..72

4.28 Agreement on alternative notification arrangements.........72

4.29 Additional arrangements for serving notices...............72

Division 4—Objection made to carrier

4.30 Objection to low-impact facility activity..................73

4.31 Reasons for objection...............................73

4.32 Time for giving objection to carrier.....................73

4.33 Activity after objection..............................73

4.34 Consultation......................................75

4.35 Changes to low-impact facility activity...................75

Division 5—Objection made to

Telecommunications Industry Ombudsman

4.36 Application of Division 5............................76

4.37 Request to refer objection to

Telecommunications Industry Ombudsman...............76

4.38 Compliance with directions of

Telecommunications Industry Ombudsman...............76

Chapter 5—Temporary Defence Facilities

Simplified outline of Chapter 5........................77

Part 1—Introduction

5.1 Purpose of Chapter 5................................78

5.2 Temporary defence facility activity.....................78

Note on definitions.................................78

Part 2—Conditions in the Act for carrier conduct

5.3 Carrier to do as little damage as practicable...............80

5.4 Carrier to restore land...............................80

5.5 Management of activities.............................80

5.6 Agreements with public utilities........................81

5.7 Compliance with industry standards.....................81

5.8 Compliance with listed international agreements............81

5.9 Notice to roads authorities, utilities etc...................82

5.10 Records for certain facilities..........................83

Section Page

Part 3—Additional carrier condition

5.11 Requirements of defence agencies......................83

Part 4—Nature Conservation Director,

Heritage Chairperson and Environment Secretary

5.12 Notice to Nature Conservation Director..................84

5.13 Notice to Heritage Chairperson........................84

Part 5—General notification arrangements

Division 1—Introduction

5.14 Purpose of Part 5..................................85

Division 2—Notification requirements of clauses 17 and 54

of Schedule 3

5.15 Notice to owner and occupier of land....................85

5.16 Serving notices if owner unknown......................86

5.17 Serving notices if occupier unknown....................86

Division 3—Additional notification arrangements

5.18 Agreement on alternative notification arrangements.........87

5.19 Additional arrangements for serving notices...............87

Chapter 6—Maintenance of Facilities

Simplified outline of Chapter 6........................88

Part 1—Introduction

6.1 Purpose of Chapter 6................................89

6.2 Maintenance activity................................89

Note on definitions.................................89

Part 2—Conditions in the Act for carrier conduct

6.3 Carrier to do as little damage as practicable...............91

6.4 Carrier to restore land...............................91

6.5 Management of activities.............................91

Section Page

6.6 Agreements with public utilities........................92

6.7 Compliance with industry standards.....................92

6.8 Compliance with listed international agreements............92

6.9 Notice to roads authorities, utilities etc...................93

6.10 Records for certain facilities..........................94

Part 3—Additional carrier conditions

6.11 Best practice......................................95

6.12 Noise...........................................95

6.13 Compliance with standards and codes...................96

Part 4—Nature Conservation Director,

Heritage Chairperson and Environment Secretary

Division 1—Purpose of Part 4

6.14 Purpose.........................................97

Division 2—Notification requirements

6.15 Notice to Nature Conservation Director..................97

6.16 Notice to Heritage Chairperson........................98

6.17 Notice to Environment Secretary.......................98

6.18 Notification agreements.............................101

Division 3—Response by Environment Secretary

6.19 Interim notice stopping maintenance activity..............101

6.20 Final notice.....................................101

Part 5—General notification arrangements and

objections to maintenance activities

Simplified outline of Part 5..........................103

Division 1—Introduction

6.21 Purpose of Part 5..................................103

6.22 Application of Divisions 3, 4 and 5 of Part 5..............104

Division 2—Notification requirements of clauses 17 and 54

of Schedule 3

6.23 Notice to owner and occupier of land...................104

6.24 Serving notices if owner unknown.....................105

Section Page

6.25 Serving notices if occupier unknown...................105

Division 3—Additional notification arrangements

6.26 Notice to owner and occupier of land: additional requirements.106

6.27 Additional arrangements for serving notices..............106

6.28 Agreement on alternative notification arrangement.........106

Division 4—Objection made to carrier

6.29 Objection to maintenance activity.....................107

6.30 Reasons for objection..............................107

6.31 Time for giving objection to carrier....................107

6.32 Activity after objection.............................107

6.33 Consultation.....................................109

6.34 Changes to maintenance activity......................109

Division 5—Objection made to

Telecommunications Industry Ombudsman

6.35 Application of Division 5...........................110

6.36 Request to refer objection to

Telecommunications Industry Ombudsman...............110

6.37 Compliance with directions of

Telecommunications Industry Ombudsman...............110

Schedule—Dictionary

Chapter 2—Inspection of Land

Simplified outline of Chapter 2

Under Division 2 of Part 3 of Schedule 3 to the Telecommunications Act 1997, a carrier may, for the purposes of determining whether any land is suitable for its purposes:

enter on, and inspect, the land; and
do anything on the land that is necessary or desirable for that purpose.

A carrier may also, for the purpose of surveying or obtaining information in relation to any land that, in the carrier’s opinion, is or may be suitable for its purposes:

enter on any land; and
do anything on the entered land that is necessary or desirable for that purpose.

This Chapter sets out conditions to be complied with by a carrier in exercising powers under Division 2 of Part 3.

The Chapter has 5 Parts.

The Parts deal with the following matters:

Part 1—introduction
Part 2—conditions in the Act for carrier conduct
Part 3—additional carrier conditions
Part 4—Nature Conservation Director, Heritage Chairperson and Environment Secretary
Part 5—general notification arrangements and objections to land entry activities.

Part 1—Introduction

2.1 Purpose of Chapter 2

(1) Under the Act, if a carrier engages, or proposes to engage, in a land entry activity, the carrier must comply with:

(a) the conditions specified in Part 1 of Schedule 3 to the Act; and

(b) the conditions specified in the regulations; and

(2) Part 2 and Division 2 of Part 5 set out some of the carrier conditions in the Act, in simplified form, to assist the reader of the Code.

(3) Parts 3 and 4, and the other Divisions of Part 5, set out the Code conditions.

2.2 Land entry activity

(1) A land entry activity of a carrier is any of the following activities of the carrier:

(a) entering on, or inspecting, land for the purposes of determining whether any land is suitable for its purposes;

(b) doing anything on the land that is necessary or desirable for that purpose, including, for example, making surveys, taking levels, sinking bores, taking samples, digging pits and examining the soil.

(2) A land entry activity of a carrier is also any of the following activities of the carrier:

(a) entering on land for the purposes of surveying or obtaining information in relation to any land that, in the carrier’s opinion, is or may be suitable for its purposes;

(b) doing anything on the entered land that is necessary or desirable for that purpose, including, for example, making surveys and taking levels.

Note: See Act, Schedule 3, clause 5.

Note on definitions

A number of words and expressions used in this Chapter are to be found in the dictionary in the Schedule, including:

ACA (the Australian Communications Authority)
carrier
environment
Environment Secretary
Heritage Chairperson
industry standard
installation
listed international agreement
Nature Conservation Director
Telecommunications Industry Ombudsman.

Part 2—Conditions in the Act for carrier conduct

Note: Part 2 is provided for information only: see subsection 2.1 (2). The provisions of the Act should be consulted to decide rights and obligations.

2.3 Carrier to do as little damage as practicable

In engaging in a land entry activity, a carrier must take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as is practicable.

Note: See Act, Schedule 3, clause 8.

2.4 Carrier to restore land

(1) If a carrier engages in a land entry activity in relation to any land, the carrier must take all reasonable steps to ensure that the land is restored to a condition similar to its condition before the activity began.

(2) The carrier must take all reasonable steps to ensure that the restoration starts within 10 business days after the completion of the land entry activity.

(3) Subsection (2) does not apply if the carrier agrees with:

(a) the owner of the land; and

(b) if the land is occupied by someone other than the owner—the occupier;

to start restoration at a later time.

Note: See Act, Schedule 3, clause 9.

2.5 Management of activities

A carrier must, in connection with carrying out a land entry activity, take all reasonable steps:

(a) to act in accordance with good engineering practice; and

(b) to protect the safety of persons and property; and

(i) the operations of a public utility; and

(ii) public roads and paths; and

(iii) the movement of traffic; and

(iv) the use of land; and

(d) to protect the environment.

Note: See Act, Schedule 3, clause 10, and also Schedule 1, clauses 42 to 44.

2.6 Agreements with public utilities

(1) If a land entry activity of a carrier is likely to affect the operations of a public utility, the carrier must make reasonable efforts to enter into an agreement with the utility that makes provision for the manner in which the carrier will engage in the activity.

(2) The carrier must comply with the agreement.

Note: See Act, Schedule 3, clause 11.

2.7 Compliance with industry standards

A carrier must engage in a land entry activity in accordance with any standard that:

(a) relates to the activity; and

(b) is recognised by the ACA as a standard for use in that industry; and

Notes:

1 See Act, Schedule 3, clause 12.

2 Examples of standards are:

Australian Standard AS 2772.1 (1990) Radiofrequency Radiation (Part 1): Maximum Exposure Level-100kHz-300GHz
A relevant standard or code under Part 6 of the Act.

2.8 Compliance with listed international agreements

A carrier must engage in a land entry activity in a manner consistent with Australia’s obligations under a listed international agreement relevant to the activity.

Note: See Act, Schedule 3, clause 13.

2.9 Notice to roads authorities, utilities etc.

(1) Before engaging in an activity mentioned in subclause 19 (1) of Schedule 3 to the Act as part of a land entry activity, a carrier must give written notice of its intention to do so to the person or authority responsible for the care and management of the thing affected by the activity.

Note: The activities mentioned in subclause 19 (1) are:

1 closing, diverting or narrowing a road or bridge

2 installing a facility on, over or under a road or bridge

3 altering the position of a water, sewerage or gas main or pipe

4 altering the position of an electricity cable or wire.

(2) However, the carrier is not required to give the notice in a circumstance mentioned in subclauses 19 (2) and (3) of Schedule 3 to the Act.

2.10 Records for certain facilities

(1) If a carrier owns or operates designated overhead lines, the carrier must keep and maintain records of the kind and location of the lines.

(2) If a carrier owns or operates telecommunications transmission towers, the carrier must keep and maintain records of the kind and location of the towers.

(3) If a carrier owns or operates underground facilities, the carrier must keep and maintain records of:

(a) the kind and location of the facilities; and

(b) if any of the facilities is an eligible underground facility—the capacity of the facility to hold further lines.

Note: See Act, Schedule 1, clause 41, which defines the terms designated overhead line, telecommunications transmission tower and eligible underground facility.

Part 3—Additional carrier conditions

2.11 Best practice

(1) In engaging in a land entry activity, a carrier must ensure that the design, planning and installation of facilities (the carrier’s facilities) is in accordance with best practice.

(2) For subsection (1), best practice is conduct of the carrier complying with:

(a) an industry code, registered by the ACA under Part 6 of the Act, applying to the activity; or

(b) a standard, made by the ACA under Part 6 of the Act, applying to the activity.

(3) However, if there is no code or standard in force for the activity, best practice is conduct regarded by people constructing facilities substantially similar to the carrier’s facilities as using the best available design, planning and location practices to minimise the potential degradation of the environment and the visual amenity associated with the facilities.

2.12 Noise

(1) In engaging in a land entry activity at any time between 10 pm and 7 am, a carrier must not make noise at a level greater than the level of noise allowed to be made at that time under State or Territory law applying to similar activities carried out by a person other than a carrier.

(2) However, if there is no level of noise applying under State or Territory law for that time, the carrier must not make noise that is audible by a person in a nearby home or business unless the carrier is allowed to make the noise under an agreement with the relevant local government body.

2.13 Compliance with standards and codes

A carrier must engage in a land entry activity in accordance with any standard or code under Part 6 of the Act applying to the activity.

Note: Section 2.13 complements section 2.7, which deals with complying with standards to reduce a risk to the safety of the public.

Part 4—Nature Conservation Director, Heritage Chairperson and Environment Secretary

Division 1—Purpose of Part 4

2.14 Purpose

(1) Under clause 55 of Schedule 3 to the Act, a carrier must give written notice to the Environment Secretary of its intention to engage in a land entry activity if:

(a) the carrier, for purposes connected with the supply of a carriage service, proposes to commence to carry out the installation of a facility before 1 January 1999; and

(b) neither Division 3 of Part 1 of Schedule 3 (which deals with the installation of facilities), nor Part 7 of the Telecommunications Act 1991 (which applies to activities started before Schedule 3 commences), will authorise the carrying out of the installation; and

(2) If a land entry activity includes the installation of a facility, the carrier must comply with clause 55.

(3) For a land entry activity that does not include the installation of a facility, Divisions 2 and 3 set out arrangements about notification of the Nature Conservation Director, Heritage Chairperson and Environment Secretary.

Division 2—Notification requirements

2.15 Notice to Nature Conservation Director

(1) The Nature Conservation Director is responsible for certain areas under the Endangered Species Protection Act 1992 and the National Parks and Wildlife Conservation Act 1975.

(2) If a proposed land entry activity of a carrier is likely to be undertaken in, or have an effect on, any of the areas for which the Director is responsible, the carrier must notify the Director in writing of the activity.

(3) The Director must be notified at least 10 business days before the start of the activity.

(4) However, the carrier and Director may agree, in writing, for alternative notification arrangements.

2.16 Notice to Heritage Chairperson

(1) The Heritage Chairperson is responsible for areas included in the Register of the National Estate and the Interim List for the Register.

(2) If a proposed land entry activity of a carrier is likely to be undertaken in, or have an effect on, any of the areas for which the Chairperson is responsible, the carrier must notify the Chairperson in writing of the activity.

(3) The Chairperson must be notified at least 10 business days before the start of the activity.

(4) However, the carrier and Chairperson may agree, in writing, for alternative notification arrangements.

2.17 Notice to Environment Secretary

(1) Before engaging in a land entry activity, a carrier must take all reasonable steps to find out whether the carrier would be required to notify the Environment Secretary of the activity under this section.

(2) However, the carrier and the Environment Secretary may agree, in writing, on how the carrier is to find out whether the carrier would be required to notify the Environment Secretary.

(3) The carrier must notify the Environment Secretary, in writing, of a proposed land entry activity, at least 10 business days before starting the activity, if subsection (4), (5) or (6) applies to the activity.

(4) The carrier must notify the Environment Secretary if the activity:

(a) is, or is likely to be, inconsistent with Australia’s obligations under a listed international agreement; or

(b) could threaten with extinction, or significantly impede the recovery of, a threatened species; or

(d) could have an adverse effect on a threatened species of flora or fauna; or

(e) could damage the whole or a part of a habitat of a threatened species of flora or fauna; or

(f) could damage the whole or a part of a place, or an ecological community, essential to the continuing existence of a threatened species of flora or fauna; or

(g) could threaten with extinction, or significantly impede the recovery of, an endangered ecological community; or

(h) could have an adverse effect on an endangered ecological community; or

(i) could damage the whole or a part of the habitat of an endangered ecological community.

(5) The carrier must notify the Environment Secretary if the carrier proposes to engage in the activity at any of the following places:

(a) an identified property (within the meaning of section 3A of the World Heritage Properties Conservation Act 1983);

(b) a place that Australia is required to protect by the terms of a listed international agreement;

(c) an area that, under a law of the Commonwealth, is reserved wholly or principally for nature conservation purposes (however described);

(d) an area that, under a law of the Commonwealth, is protected from significant environmental disturbance.

(6) The carrier must notify the Environment Secretary if the carrier proposes to engage in the activity at or near an area or thing:

(a) entered in the Register of the National Estate; or

(b) entered in the Interim List for that Register; or

(7) However, the carrier and the Environment Secretary may agree, in writing, for alternative notification arrangements.

(8) Subsection (9) applies if:

(a) a carrier must notify the Environment Secretary of a proposed land entry activity; and

(b) the carrier must also notify the Nature Conservation Director or Heritage Chairperson of the proposed activity; and

(c) the carrier has an agreement with the Director or Chairperson under section 2.15 or 2.16 for alternative notification arrangements; and

(d) the agreement applies to the proposed activity.

(9) The carrier must:

(a) tell the Secretary, when notifying the Secretary, that the carrier has the agreement with the Director or Chairperson; and

(b) give the Secretary a copy of any notification the carrier has already given to the Director or Chairperson under the agreement.

2.18 Notification agreements

(1) A carrier must give a copy of each agreement entered into by the carrier under sections 2.15 to 2.17 to the ACA within 30 business days after entering into the agreement.

(2) The carrier must comply with the agreement.

Division 3—Response by Environment Secretary

2.19 Interim notice stopping land entry activity

(1) The Environment Secretary may give a carrier a notice requiring the carrier not to engage, or continue to engage, in a land entry activity.

(2) The notice must invite the carrier to give the Secretary information that will help the Secretary to consider the form of the final notice under section 2.20.

(3) The carrier must comply with the requirements of the notice.

2.20 Final notice

(1) This section applies if the Environment Secretary has given a carrier a notice under section 2.19 about a land entry activity.

(2) The Secretary must consider any information given to the Secretary by the carrier in response to the notice (and any other relevant matters), and give a carrier a final notice, within a reasonable time:

(a) confirming the original notice; or

(b) revoking the original notice; or

(c) revoking the original notice, but imposing conditions about how the carrier should engage, or continue to engage, in the activity.

(3) In making a decision under subsection (2), the Secretary must consider:

(a) the impact of the activity on the environment (including heritage and cultural values); and

(b) the impact of the activity on the carrier, and on customers of the carrier who would be directly affected by the decision.

(4) Subsection (3) does not limit the issues that the Secretary can consider.

(5) In engaging in the activity, the carrier must comply with any conditions imposed by the Secretary.

Part 5—General notification arrangements and objections to land entry activities

Simplified outline of Part 5

This 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.

Division 1—Introduction

2.21 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.

2.22 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.

Division 2—Notification requirements of clauses 17 and 54 of Schedule 3

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.

2.23 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:

(a) the owner of the land; and

(b) if the land is occupied by someone other than the owner—the occupier.

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

(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:

(i) no part of the land affected by the land entry activity is, or is included in, a sensitive area; and

(ii) engaging in the activity does not involve any material disturbance to the land.

Note: Sensitive areas are described in subclause 17 (8) of Schedule 3 to the Act and subsections 2.17 (3) and (4).

(5) However, the carrier is not required to give the notice in circumstances mentioned in subclauses 17 (5) to (7) of Schedule 3 to the Act.

Note: See Act, Schedule 3, clause 17.

2.24 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:

(a) if the land is occupied—serving a copy of the notice to the occupier; or

(b) if the land is not occupied—attaching, if practicable, a copy of the notice to a conspicuous part of the land.

(2) If a carrier is unable to serve a notice on the owner of land either personally, or by post, in accordance with section 1.4, 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:

(a) if the land is occupied—serving a copy of the notice to the occupier; or

(b) if the land is not occupied—attaching, if practicable, a copy of the notice to a conspicuous part of the land.

Note: See Act, Schedule 3, clause 54.

2.25 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 1.4, 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:

(a) publishing a copy of the notice in a newspaper circulating in a district in which the land is located; and

(b) attaching, if practicable, a copy of the notice in a conspicuous place on the land.

(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.

Note: See Act, Schedule 3, clause 54.

Division 3—Additional notification arrangements

2.26 Notice to owner and occupier of land: additional requirements

(1) A carrier must include in a notice mentioned in section 2.23:

(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

(b) a statement explaining the arrangements under this Chapter for making objections to the activity.

(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.

2.27 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) The carrier must comply with an agreement.

2.28 Additional arrangements for serving notices

(1) If a carrier serves a notice under section 2.24 or 2.25, 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:

(a) states the date when the carrier entered the land; and

(b) describes the activity.

(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 1.4.

Division 4—Objection made to carrier

2.29 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) The objection must include reasons for the objection.

2.30 Reasons for objection

The reasons for the objection may relate only to all or any of the following matters:

(a) using the objector’s land to engage in the activity;

(b) the location of a facility on the objector’s land;

(d) the likely effect of the activity on the objector’s land;

(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.

2.31 Time for giving objection to carrier

(1) For a notice to which paragraph 2.23 (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 2.23 (4) (b) applies, the objection must be given to the carrier within 1 business day after the notice is received.

Notes:

1 Sensitive areas are described in subclause 17 (8) of Schedule 3 to the Act and subsections 2.17 (3) and (4).

2 Under the Act, a carrier must notify the owner or occupier at least 10 business days before engaging in a land entry activity: see Act, Schedule 3, subclause 17 (4). However, if no sensitive area is involved, and the activity does not involve any material disturbance to the land, the carrier must notify the owner or occupier at least 2 business days before engaging in the activity.

The periods of 9 business days and 1 business day in section 2.31 reflect these notification requirements.

2.32 Activity after objection

If the objection complies with sections 2.29 to 2.31, the carrier may only engage in the land entry activity if 1 of the following situations happens:

Situation 1 The objection is resolved by an agreement between the carrier and objector.

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 2.36.

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.

Situation 4 The Telecommunications Industry Ombudsman gives a direction to the carrier.

2.33 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 2.32, situation 1.

(3) The carrier must comply with any agreement made with the objector.

2.34 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.

(2) The carrier is not required to change the activity in a way that:

(a) is not economically feasible; or

(b) is not technically practicable; or

(c) is likely to have a greater adverse effect on the environment than engaging in the activity as originally proposed; or

(d) is inconsistent with a recognised industry standard or practice relevant to the activity.

(3) Within 25 business days after receiving the objection, the carrier must tell the objector, in writing:

(a) whether the carrier proposes to change the activity, and, if so, how; and

(b) if the carrier does not propose to change the activity—why the carrier will engage in the activity as originally proposed.

Division 5—Objection made to Telecommunications Industry Ombudsman

2.35 Application of Division 5

This Division applies if:

(a) the objection is not resolved by agreement between the carrier and objector; and

(b) the objector is not satisfied with the carrier’s response to the objection; and

2.36 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.

(2) The carrier must comply with the request.

Note: If the objector does not ask the carrier to refer the objection, the carrier may engage in the land entry activity: see s 2.32, situation 2.

2.37 Compliance with directions of Telecommunications Industry Ombudsman

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.

Notes:

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 2.32, situation 3.

2 If the Telecommunications Industry Ombudsman gives a direction to the carrier, the carrier may engage in the land entry activity: see s 2.32, situation 4.

Chapter 3—Subscriber connection

Simplified outline of Chapter 3

Division 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 7 Parts.

The Parts deal with the following matters:

Part 1—introduction
Part 2—conditions in the Act for carrier conduct
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—Nature Conservation Director, Heritage Chairperson and Environment Secretary
Part 7—general notification arrangements.

Part 1—Introduction

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:

(a) the conditions specified in Part 1 of Schedule 3 to the Act; and

(b) the conditions specified in the regulations; and

(2) Part 2 and Division 2 of Part 7 set 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 the Code conditions.

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 definitions

A number of words and expressions used in this Chapter are to be found in the dictionary in the Schedule, including:

ACA (the Australian Communications Authority)
aerial cabling
carrier
environment
Environment Secretary
Heritage Chairperson
industry standard
installation
listed international agreement
Nature Conservation Director
subscriber connection.

Part 2—Conditions in the Act for carrier conduct

Note: Part 2 is provided for information only: see subsection 3.1 (2). The provisions of the Act should be consulted to decide rights and obligations.

3.3 Carrier to do as little damage as practicable

In engaging in a subscriber connection activity, a carrier must take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as is practicable.

Note: See Act, Schedule 3, clause 8.

3.4 Carrier to restore land

(1) If a carrier engages in a subscriber connection activity in relation to any land, the carrier must take all reasonable steps to ensure that the land is restored to a condition similar to its condition before the activity began.

(2) The carrier must take all reasonable steps to ensure that the restoration starts within 10 business days after the completion of the activity.

(3) Subsection (2) does not apply if the carrier agrees with:

(a) the owner of the land; and

(b) if the land is occupied by someone other than the owner—the occupier;

to start restoration at a later time.

Note: See Act, Schedule 3, clause 9.

3.5 Management of activities

A carrier must, in connection with carrying out a subscriber connection activity, take all reasonable steps:

(a) to act in accordance with good engineering practice; and

(b) to protect the safety of persons and property; and

(i) the operations of a public utility; and

(ii) public roads and paths; and

(iii) the movement of traffic; and

(iv) the use of land; and

(d) to protect the environment.

Note: See Act, Schedule 3, clause 10, and also Schedule 1, clauses 42 to 44.

3.6 Agreements with public utilities

(1) If a subscriber connection activity of a carrier is likely to affect the operations of a public utility, the carrier must make reasonable efforts to enter into an agreement with the utility that makes provision for the manner in which the carrier will engage in the activity.

(2) The carrier must comply with the agreement.

Note: See Act, Schedule 3, clause 11.

3.7 Compliance with industry standards

A carrier must engage in a subscriber connection activity in accordance with any standard that:

(a) relates to the activity; and

(b) is recognised by the ACA as a standard for use in that industry; and

Notes:

1 See Act, Schedule 3, clause 12.

2 An example of a standard is a relevant standard or code under Part 6 of the Act.

3.8 Compliance with listed international agreements

A carrier must engage in a subscriber connection activity in a manner consistent with Australia’s obligations under a listed international agreement relevant to the activity.

Note: See Act, Schedule 3, clause 13.

3.9 Notice to roads authorities, utilities etc

(1) Before engaging in an activity mentioned in subclause 19 (1) of Schedule 3 to the Act as part of a subscriber connection activity, a carrier must give written notice of its intention to do so to the person or authority responsible for the care and management of the thing affected by the activity.

Notes: The activities mentioned in subclause 19 (1) are:

1 closing, diverting or narrowing a road or bridge

2 installing a facility on, over or under a road or bridge

3 altering the position of a water, sewerage or gas main or pipe

4 altering the position of an electricity cable or wire.

(2) However, the carrier is not required to give the notice in a circumstance mentioned in subclauses 19 (2) and (3) of Schedule 3 to the Act.

3.10 Records for certain facilities

(1) If a carrier owns or operates designated overhead lines, the carrier must keep and maintain records of the kind and location of the lines.

(2) If a carrier owns or operates telecommunications transmission towers, the carrier must keep and maintain records of the kind and location of the towers.

(3) If a carrier owns or operates underground facilities, the carrier must keep and maintain records of:

(a) the kind and location of the facilities; and

(b) if any of the facilities is an eligible underground facility—the capacity of the facility to hold further lines.

Note: See Act, Schedule 1, clause 41, which defines the terms designated overhead line, telecommunications transmission tower and eligible underground facility.

Part 3—Additional carrier conditions

3.11 Best practice

(1) In engaging in a subscriber connection activity, a carrier must ensure that the design, planning and installation of facilities (the carrier’s facilities) is in accordance with best practice.

(2) For subsection (1), best practice is conduct of the carrier complying with:

(a) an industry code, registered by the ACA under Part 6 of the Act, applying to the activity; or

(b) a standard, made by the ACA under Part 6 of the Act, applying to the activity.

3.12 Noise

(1) In engaging in a subscriber connection activity at any time between 10 pm and 7 am, a carrier must not make noise at a level greater than the level of noise allowed to be made at that time under State or Territory law applying to similar activities carried out by a person other than a carrier.

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

(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.

3.15 Compliance with standards and codes

A carrier must engage in a subscriber connection activity in accordance with any standard or code under Part 6 of the Act applying to the activity.

Note: Section 3.15 complements section 3.7, which deals with complying with standards to reduce a risk to the safety of the public.

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 AUSTEL Technical Standard TS 009—Installation Requirements for Customer Cabling (Wiring Rules).

Part 4—Installing a subscriber connection underground: no third parties

Simplified outline of Part 4

The rules for installing a subscriber connection that would not cross land owned by a third party are:

The carrier must offer to install the connection underground
The subscriber has an opportunity to pay for underground installation, based on a quote given by the carrier
The carrier must install the connection underground if the subscriber or authority agrees to pay for it
The carrier is not required to install the connection underground if the subscriber refuses to pay for it.

3.17 Application of Part 4

This Part applies if:

(a) a carrier proposes to install aerial cabling connecting a subscriber’s premises with its network; and

(b) the cabling will only cross land owned by the subscriber or the carrier.

3.18 Offer to install subscriber connection underground

(1) The carrier must offer:

(a) to install a subscriber connection underground if the subscriber agrees to pay for underground installation; and

(b) to give the subscriber an indicative price or quote for underground installation.

(2) The carrier is only required to make the offer in writing if the subscriber asks the carrier.

(3) If a relevant local government authority has told the carrier that it has proposals for paying any of the cost of a subscriber connection activity, the carrier must include a statement about the proposals in the offer.

3.19 Indicative price

(1) If the subscriber asks the carrier for an indicative price for underground installation, the carrier must give the subscriber an indicative price.

(2) The carrier is only required to give the indicative price in writing if the subscriber asks the carrier.

(3) The price must be based on the carrier’s estimate of the average difference in cost between aerial and underground installation.

3.20 Installation quote

(1) If the subscriber asks the carrier for a quote to install underground installation, the carrier must give the subscriber a quote.

(2) The carrier is only required to give the quote in writing if the subscriber asks the carrier.

(3) The quote must be based on the carrier’s estimate of the difference in cost between aerial and underground installation.

(4) The quote may specify the way in which underground installation would be carried out.

3.21 Aerial or underground connection

(1) If the subscriber accepts the carrier’s quote, the carrier must install the subscriber connection underground.

(2) If the subscriber agrees to aerial cabling, the carrier is not required to install the subscriber connection underground.

(3) If the subscriber refuses to accept the carrier’s quote, or does not accept the carrier’s quote in writing within 10 business days after being given the quote, the carrier is not required to install the subscriber connection underground.

Part 5—Installing a subscriber connection underground: third parties

Simplified outline of Part 5

The rules for installing a subscriber connection that would cross land owned by a third party are:

The carrier must offer to install the connection underground
The subscriber has an opportunity to pay for underground installation for the subscriber and all affected third parties, based on a quote given by the carrier
If the subscriber refuses to pay for underground installation, each third party has an opportunity to pay for installation under the third party’s land
The carrier must install the connection under all land affected if the subscriber agrees to pay for it
The carrier must install the connection under a third party’s land if the third party agrees to pay for it
The carrier is not required to install the connection under land if neither the subscriber nor a third party agrees to pay for it.

3.22 Application of Part 5

This Part applies if:

(a) a carrier proposes to install aerial cabling connecting a subscriber’s premises with its network; and

(b) the cabling will cross land owned by a person other than the subscriber or the carrier (a third party).

3.23 Offer to install subscriber connection underground

(1) The carrier must offer:

(a) to install a subscriber connection underground if the subscriber agrees to pay for underground installation for all land that would be affected by the installation; and

(b) to give the subscriber an indicative price or quote for underground installation.

(2) The carrier is only required to make the offer in writing if the subscriber asks the carrier.

3.24 Indicative price to subscriber

(1) If the subscriber asks the carrier for an indicative price for underground installation, the carrier must give the subscriber an indicative price.

(2) The carrier is only required to give the indicative price in writing if the subscriber asks the carrier.

(3) The price must be based on the carrier’s estimate of the average difference in cost between aerial and underground installation for all land that would be affected by the installation.

3.25 Installation quote to subscriber

(1) If the subscriber asks the carrier for a quote to install a subscribed connection underground, the carrier must give the subscriber a quote.

(2) The carrier is only required to give the quote in writing if the subscriber asks the carrier.

(3) The quote must be based on the carrier’s estimate of the difference in cost between aerial and underground installation for all land that would be affected by the installation.

(4) The quote may specify the way in which the connection would be installed.

3.26 Offer to third party

(1) This section applies if the subscriber:

(a) refuses in writing to accept the carrier’s quote; or

(b) does not agree in writing, within 10 business days after the subscriber was given the quote, to accept the quote for all land that would be affected by the installation.

(2) The carrier must offer:

(a) to install a subscriber installation underground for the third party’s land; and

(b) to give the third party an indicative price or quote for underground installation.

(3) The carrier is only required to make the offer in writing if the third party asks the carrier.

(4) If a relevant local government authority has told the carrier that it has proposals for paying any of the cost of a subscriber connection activity, the carrier must include a statement about the proposals in the offer.

3.27 Indicative price to third party

(1) If the third party asks the carrier for an indicative price for installing the subscriber connection under the third party’s land, the carrier must give the third party an indicative price in writing.

(2) The carrier is only required to give the indicative price in writing if the third party asks the carrier.

(3) The price must be based on the carrier’s estimate of the average difference in cost between aerial and underground installation for the third party’s land.

3.28 Installation quote to third party

(1) If the third party asks the carrier for a quote for installing the subscriber connection under the third party’s land, the carrier must give the third party a written quote.

(2) The carrier is only required to give the quote in writing if the third party asks the carrier.

(3) The quote must be based on the carrier’s estimate of the difference in cost between aerial and underground installation for the third party’s land.

(4) The quote may specify the way in which the connection would be installed.

3.29 Aerial or underground installation: subscriber’s land

(1) If the subscriber accepts the carrier’s quote for all land that would be affected by the installation, the carrier must install the subscriber connection under the subscriber’s land.

(2) If the subscriber refuses to accept the carrier’s quote, or does not accept the quote in writing within 10 business days after being given the quote, the carrier is not required to install the connection under the subscriber’s land.

3.30 Aerial or underground installation: third party’s land

(1) If the subscriber accepts the carrier’s quote for all land that would be affected by the installation, the carrier must install the subscriber connection under each third party’s land.

(2) If a third party accepts the carrier’s quote for installation under the third party’s land, the carrier must install the connection under the third party’s land.

(3) If the third party agrees to aerial cabling for the third party’s land, the carrier is not required to install the connection under the land.

(4) If subsection (1) does not apply, and the third party refuses to accept the carrier’s quote, or does not accept the carrier’s quote in writing within 10 business days after being given the quote, the carrier is not required to install the connection under the third party’s land.

Part 6—Nature Conservation Director, Heritage Chairperson and Environment Secretary

3.31 Notice to Nature Conservation Director

(1) The Nature Conservation Director is responsible for certain areas under the Endangered Species Protection Act 1992 and the National Parks and Wildlife Conservation Act 1975.

(2) If a proposed subscriber connection activity of a carrier is likely to be undertaken in, or have an effect on, any of the areas for which the Director is responsible, the carrier must notify the Director in writing of the activity.

(3) The Director must be notified at least 10 business days before the start of the activity.

(4) However, the carrier and Director may agree, in writing, for alternative notification arrangements.

3.32 Notice to Heritage Chairperson

(1) The Heritage Chairperson is responsible for areas included in the Register of the National Estate and the Interim List for the Register.

(2) If a proposed subscriber connection activity of a carrier is likely to be undertaken in, or have an effect on, any of the areas for which the Chairperson is responsible, the carrier must notify the Chairperson in writing of the activity.

(3) The Chairperson must be notified at least 10 business days before the start of the activity.

(4) However, the carrier and Chairperson may agree, in writing, for alternative notification arrangements.

3.33 Notice to Environment Secretary

(1) Before engaging in a subscriber connection activity, a carrier must take all reasonable steps to find out whether the carrier would be required to notify the Environment Secretary of the activity under this section.

(2) However, the carrier and the Environment Secretary may agree, in writing, on how the carrier is to find out whether the carrier would be required to notify the Environment Secretary.

(3) A carrier must notify the Environment Secretary, in writing, of a proposed subscriber connection activity, at least 10 business days before the start of the activity, if subsection (4), (5) or (6) applies to the activity.