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GOVERNMENT TELECOMMUNICATIONS ACT 2018 - SECT 34E
Obstruction of telecommunications infrastructure by structures
34E Obstruction of telecommunications infrastructure by structures
(1) This section applies if the Authority or an ETNO reasonably believes-- (a)
structures or things situated in, on or near the Authority's or the ETNO's
telecommunications infrastructure could-- (i) destroy, damage or interfere
with the functioning of the infrastructure, or
(ii) make the infrastructure
become-- (A) a potential cause of bush fire, or
(B) a potential risk to
public safety, or
(b) structures or things could-- (i) cause interference to
radio frequency transmissions to or from the Authority's or the ETNO's
telecommunications infrastructure, or
(ii) obstruct transmission paths to or
from the infrastructure.
(2) The Authority or the ETNO may serve a written
notice on the owner of the structure or thing requiring the owner to modify or
remove the structure or thing.
(3) The cost of work carried out in accordance
with a requirement in the written notice is to be paid by the person served
with the notice.
(4) The Authority or the ETNO may, in an emergency, modify
or remove the structure or thing itself, instead of serving a written notice.
(5) The written notice-- (a) must specify the work to be carried out, and
(b)
must specify a reasonable time within which the work must be carried out, and
(c) may require that vegetation near the structure or thing is managed in
accordance with the Standards for Asset Protection Zones published on the
website of the NSW Rural Fire Service from time to time.
(6) If the owner
fails to carry out the work as required by the notice, the Authority or the
ETNO may carry out the work.
(7) The Authority or the ETNO may apply for an
injunction to prevent a structure or thing being placed in, on or near the
Authority's or the ETNO's telecommunications infrastructure.
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