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Access to Land and Facilities > Requirements for a Court Order

Requirements for a court order

(1) The requirements that must be met for the making of a court order are as follows-

(a) the construction, maintenance or operation of the facility is necessary for the purpose of telecommunications; and

(b) no practical or commercially reasonable alternative route or location exists.

(2) In considering the application in section 56(2) or 58(3), the Judge shall take into account the following considerations

(a) the necessity of access by the licensee;

(b) the promotion of co-location where technically feasible;

(c) the historical, environmental and health implications of that access;

(d) the terms of compensation offered by the licensee to the owner or occupier;

(e) whether or not the licensee has sought the mediation of the Authority in accordance with section 56(1)(a); and

(f) the objectives in section 3.

(3) Before exercising any powers authorised by an order made under section 56(4), the licensee must serve the order on the owner and the occupier of the land to which the order relates.

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