New South Wales Consolidated Acts

GOVERNMENT TELECOMMUNICATIONS ACT 2018 - SECT 34A

34A Deemed access to government-owned infrastructure

(1) This section applies to--

(a) land--

(i) on which infrastructure owned or operated by a government sector agency or State owned corporation is located, and

(ii) that is not subject to an agreement with the Authority or an ETNO for access to the infrastructure, and

(b) land adjoining land specified in paragraph (a).

(2) An authorised officer may enter and occupy the land and a building on the land--

(a) during daylight hours, or

(b) in an emergency--at any time.

(3) The power conferred by this section may be used only--

(a) for the purposes of installing telecommunications equipment on infrastructure owned or operated by a government sector agency or State owned corporation, and

(b) in accordance with the site assessment process in the Property and Infrastructure Management Strategy.

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

(a) reasonable written notice of the authorised officer's intention to exercise the power has been given to the occupier of the land, or

(b) the authorised officer reasonably believes the giving of notice would cause undue delay having regard to the urgency of the reason for exercising the power.

(5) Nothing in this section authorises an authorised officer to--

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

(b) occupy a classified road within the meaning of the Roads Act 1993 without the consent of--

(i) Transport for NSW, constituted under the Transport Administration Act 1988 , or

(ii) the roads authority, within the meaning of the Roads Act 1993 .