New South Wales Consolidated Acts

GOVERNMENT TELECOMMUNICATIONS ACT 2018 - SECT 34F

34F Recovery of costs of removing obstructions of telecommunications infrastructure

(1) The following costs (the
"recoverable costs" ) may be recovered by the Authority or an ETNO, as appropriate, in a court of competent jurisdiction as a debt owed to the Authority or the ETNO by the owner of the structure or thing--

(a) the costs of carrying out work after serving a notice under section 34E(2),

(b) the costs of repairing damage done to the Authority's or the ETNO's telecommunications infrastructure by the structure or thing.

(2) The Authority or the ETNO may take action under this section even if the person having control of the structure or thing owns or occupies the land in, on or over which the Authority's or the ETNO's telecommunications infrastructure is situated.

(3) The Authority or the ETNO is not authorised to recover recoverable costs from a person referred to in subsection (2) if the structure or thing was lawfully in place--

(a) before the installation of the telecommunications infrastructure, or

(b) with the agreement of the Authority or the ETNO.

(4) If subsection (3) applies--

(a) the recoverable costs are to be paid by the Authority or the ETNO, and

(b) the Authority or the ETNO is liable to the owner of the structure or thing for any loss or damage suffered by the owner as a consequence of the work referred to in section 34E(6).