New South Wales Consolidated Acts

GOVERNMENT TELECOMMUNICATIONS ACT 2018 - SECT 34

34 Access to Authority's infrastructure

(1) This section applies in relation to land--

(a) on which infrastructure owned or operated by the Authority is located (and includes the land adjoining that land), and

(b) that is not subject to an agreement for access to the Authority's infrastructure.

(2) The Authority or an authorised officer may enter and occupy land to which this section applies and any building on that land--

(a) at any time during daylight hours, and

(b) in the event of an emergency, at any time.

(3) The power conferred by this section may be used only for the purpose of obtaining access to the Authority's infrastructure to carry out works in connection with the infrastructure.

(4) The Authority must not exercise a power under this section unless--

(a) reasonable notice in writing of its intention to exercise the power has been given to the occupier of the land, or

(b) the Authority forms the opinion the giving of the notice would cause undue delay having regard to the urgency of the reason for exercising the power.

(5) Nothing in this section authorises the Authority or an authorised officer--

(a) to enter or occupy any land or building unless it is reasonably necessary to do so for the purpose of accessing infrastructure owned or operated by the Authority, or

(b) to enter any part of a building that is used for residential purposes without the consent of the occupier, or

(c) to occupy a classified road within the meaning of the Roads Act 1993 without the consent of Transport for NSW constituted under the Transport Administration Act 1988 or the relevant roads authority.