AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 No. 54 of 1989 - SECT 88 Powers relating to installation of facilities etc.

AUSTRALIAN TELECOMMUNICATIONS CORPORATION ACT 1989 No. 54 of 1989 - SECT 88

88. (1) Subject to subsections (5) and (6), Telecom may, for purposes
connected with the supply of a telecommunications service:

   (a)  construct a facility on, over or under any land; or

   (b)  attach a facility to any building or other structure.

(2) Without limiting subsection (1) or section 90, but subject to this
subsections (5) and (6), Telecom may, for purposes connected with the
installation, maintenance or operation of a facility:

   (a)  enter on, and occupy, any land; and

   (b)  on, over or under the land do anything necessary or desirable for
        those purposes, including, for example:

        (i)    constructing, erecting and placing any plant, machinery,
               equipment and goods;

        (ii)   felling and lopping trees and clearing and removing other
               vegetation and undergrowth;

        (iii)  making cuttings and excavations;

        (iv)   restoring the surface of the land and, for that purpose,
               removing and disposing of soil, vegetation and other material;

        (v)    erecting temporary workshops, sheds and other buildings; and

        (vi)   levelling the surface of the land and making roads.

(3) Before exercising its powers under this section in relation to any land,
Telecom shall give reasonable written notice of its intention to do so to:

   (a)  the owner of the land; and

   (b)  if the land is occupied by a person other than the owner-the occupier.

(4) The notice shall specify the purpose for which Telecom intends to exercise
its powers in relation to the land.

(5) Telecom shall not:

   (a)  close, divert or narrow a road or bridge;

   (b)  install a facility on, over or under a road or bridge;

   (c)  alter the position of a water, sewerage or gas main or pipe; or

   (d)  alter the position of an electricity cable or wire; unless it has
        given reasonable written notice of its intention to do so to the
        person or authority responsible for the care and management of the
        road, bridge, main, pipe, cable or wire.

(6) Telecom shall ensure that a facility installed over a road, bridge, path
or navigable water is installed in a way that will allow reasonable passage by
persons, vehicles and vessels.