{"id":"F2019L01223","name":"National Transmission Network Sale (Exemption from Restriction on Transfer of Assets—Minor Portions of Land) Notice 2019","slug":"national-transmission-network-sale-exemption-from-restriction-on-transfer-of-assets-minor-portions-o","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440244,"registerId":"F2019L01223-fast-fetch-1775955945601","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Transmission Network Sale (Exemption from Restriction on Transfer of Assets—Minor Portions of Land) Notice 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nNational Transmission Network Sale (Exemption from Restriction on Transfer of Assets—Minor Portions of Land) Notice 2019\n\nI, Paul Fletcher, Minister for Communications, Cyber Safety and the Arts, make the following notice.\n\nDated 9 September 2019\n\nPaul Fletcher\n\nMinister for Communications, Cyber Safety and the Arts\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Exemption of minor portions of land\n\nSchedule 1—Repeals\n\nClass exemption (No. 1 of 2000) [F2004B00510]\n\n \n\n \n\n1  Name\n\n  This instrument is the National Transmission Network Sale (Exemption from Restrictions on Transfer of Assets—Minor Portions of Land) Notice 2019.\n\n2  Commencement\n\n  This instrument commences on the day after it is registered.\n\n3  Authority\n\n  This instrument is made under subsection 18(6) of the National Transmission Network Sale Act 1998.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 3 of the Act, including the following:\n\n(a) broadcasting service;\n\n(b) nominated customer;\n\n(c) original asset;\n\n(d) replacement asset\n\n(e) site.\n\n  In this instrument:\n\nAct means the National Transmission Network Sale Act 1998.\n\nbroadcasting transmission tower has the same meaning as in Schedule 4 to the Broadcasting Services Act 1992.\n\nrelevant local government authority, for land in a State or Territory, means an authority of the State or Territory responsible for the local government of the area where the land is located.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Exemption of minor portions of land\n\n (1) For the purposes of subsection 18(5) of the Act, an asset is exempted from the operation of section 18 of the Act if it is minor portions of land forming part of an original asset or a replacement asset (where that asset is a site of a broadcasting transmission tower) that are transferred to a relevant local government authority for the land for the purposes of that authority where the transfer does not jeopardise:\n\n (a) the provision of broadcasting services from the site; or\n\n (b) continued access to the site by:\n\n (i) the owner or occupier of the site; or\n\n (ii) a nominated customer.\n\n (2) For this instrument, the purposes of a relevant local government authority include road widening and the creation of footpaths.\n\n\n\n\nSchedule 1—Repeals\n\nClass exemption (No. 1 of 2000) [F2004B00510]\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose. It is a minor administrative instrument exercising a specific exemption power under the National Transmission Network Sale Act 1998. The scope has not expanded beyond facilitating small land transfers for local government purposes while protecting broadcasting services."},"complexity_factors":["Very short instrument (approximately 1.5 pages)","Only 4 defined terms in the instrument itself (Act, broadcasting transmission tower, relevant local government authority, plus references to defined terms in the parent Act)","Single operative provision (section 6) with straightforward conditional logic","No nested exceptions or complex cross-referencing beyond basic references to the parent Act","Simple binary structure: one substantive exemption provision plus a repeal schedule"],"plain_english_summary":"This notice amends the 1998 sale restrictions on Australia’s National Transmission Network to allow transfer of minor land portions to local councils—for things like road widening and footpaths—without prior approval, provided broadcasting access and service aren’t affected. It affects transmission tower owners and local governments, easing small‑scale land transfers while safeguarding TV/radio service, and repeals a similar 2000 exemption."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This notice repeals the prior Class exemption (No. 1 of 2000) (Schedule 1) and substitutes a narrowly framed exemption: only 'minor portions of land' forming part of original or replacement assets that are sites of broadcasting transmission towers, when transferred to the relevant local government authority for purposes (including road widening and footpaths), are exempted from section 18 provided the transfer does not jeopardise broadcasting services or access (see Schedule 1 and s6)."},"complexity_factors":["Cross‑references to the National Transmission Network Sale Act 1998 (subsections 18(5) and 18(6)) determining legal authority and effect (see Authority and s6).","Dependence on external definitions: many expressions drawn from section 3 of the Act and 'broadcasting transmission tower' defined in Schedule 4 to the Broadcasting Services Act 1992 (see s4).","Ambiguous, fact‑intensive thresholds: the term 'minor portions of land' is undefined and requires factual assessment (see s6(1)).","Discretionary / evaluative criterion: transfers permitted only where they 'do not jeopardise' broadcasting provision or access, creating context‑specific compliance judgments (see s6(1)(a)–(b)).","Multiple stakeholders with operational duties: owner/occupier, nominated customer, and relevant local government authority all have roles affecting who decides and who bears compliance risk (see s4 and s6).","Interplay between original assets and replacement assets (site of a broadcasting transmission tower) adds transactional mapping complexity (see s6(1)).","Instrument repeals an earlier class exemption (Schedule 1), requiring attention to transitional or consequential effects (see Schedule 1).","Commencement timing (day after registration) creates immediate legal effect once registered (see s2)."],"plain_english_summary":"Mechanically, it exempts minor portions of land that are part of broadcasting transmission‑tower sites from the National Transmission Network Sale Act restriction on transfers when those portions are transferred to the relevant local government authority for purposes such as road widening or footpaths, provided broadcasting services and access are not jeopardised. Owners of tower sites must ensure transfers do not disrupt service; local governments receive the land and decide local use; transfers remove a Commonwealth approval hurdle for small land adjustments."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/national-transmission-network-sale-exemption-from-restriction-on-transfer-of-assets-minor-portions-o","history":"/api/acts/national-transmission-network-sale-exemption-from-restriction-on-transfer-of-assets-minor-portions-o/history","analysis":"/api/acts/national-transmission-network-sale-exemption-from-restriction-on-transfer-of-assets-minor-portions-o/analysis","conflicts":"/api/acts/national-transmission-network-sale-exemption-from-restriction-on-transfer-of-assets-minor-portions-o/conflicts","importantCases":"/api/acts/national-transmission-network-sale-exemption-from-restriction-on-transfer-of-assets-minor-portions-o/important-cases","documents":"/api/acts/national-transmission-network-sale-exemption-from-restriction-on-transfer-of-assets-minor-portions-o/documents"}}