{"id":"a-2001-34","name":"Utilities (Telecommunications Installations) Act 2001","slug":"utilities-telecommunications-installations-act-2001","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"34 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24425,"registerId":"act-a-2001-34-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Utilities (Telecommunications Installations) Act 2001","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUtilities (Telecommunications\nInstallations) Act 2001\nA2001-34\nRepublication No 6\nEffective: 27 November 2023\nRepublication date: 27 November 2023\nLast amendment made by A2023-36\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Utilities (Telecommunications Installations) Act 2001 (including\nany amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force\non 27 November 2023. It also includes any commencement, amendment, repeal or expiry\naffecting this republished law to 27 November 2023.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUtilities (Telecommunications\nInstallations) Act 2001\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\nPart 2 Installation of telecommunications facilities\n5 Land to which Act applies 3\n6 Installations to which Act applies 3\n7 Installation on utility network facilities 4\n8 Consent by utility etc to installation 5\n9 Ownership of telecommunications equipment 5\n\nContents\nPage\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\ncontents 2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 Carrier’s continuing rights concerning installations 5\nPart 3 Carrier’s obligations\n11 Notice to land-holder 6\n12 Service of notices 6\n13 Carrier to minimise disruption, inconvenience and damage 6\n14 Carrier to act reasonably etc 7\n15 Carrier to restore land and structures 7\n16 Installation costs 7\n17 Compensation 8\nPart 4 Authorised people\n18 Authorised people 9\n19 Identity cards 9\n20 Production of identity cards 9\nPart 5 Miscellaneous\n21 Compensation—safety net 10\n22 Operation of other Territory laws 10\n23 Regulation-making power 10\nDictionary 11\nEndnotes\n1 About the endnotes 13\n2 Abbreviation key 13\n3 Legislation history 14\n4 Amendment history 15\n5 Earlier republications 15\n\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUtilities (Telecommunications\nInstallations) Act 2001\nAn Act about the installation of telecommunications facilities on utility network\nfacilities\n\nPreliminary Part 1\nSection 1\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Utilities (Telecommunications Installations) Act 2001.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain words and\nexpressions used in this Act, and includes references (signpost\ndefinitions) to other words and expressions defined elsewhere in this Act\nor in other legislation.\nFor example, the signpost definition ‘carrier—see the\nTelecommunications Act 1997 (Cwlth), section 7 (Definitions).’ means\nthat the word ‘carrier’ is defined in section 7 of that Act and the definition\napplies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nInstallation of telecommunications facilities Part 2\nSection 5\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Installation of\ntelecommunications facilities\n5 Land to which Act applies\nThis Act applies to the following land (defined land):\n(a) Territory land;\n(b) land that is the subject of an agreement or arrangement between\nthe Territory and the Commonwealth for the application of this\nAct to the land.\n6 Installations to which Act applies\n(1) This Act applies to the installation of a telecommunications facility\non a utility network facility on defined land if the installation is for a\nreticulated service in accordance with an authorised network plan.\n(2) In this section:\nauthorised network plan means—\n(a) a plan for a reticulated service authorised by a development\napproval under the Planning Act 2023; or\n(b) the 3GIS ACT Network Plan as in force immediately before the\ncommencement of the Planning and Development Act 2007\n(repealed).\ninstallation, of a telecommunications facility, includes—\n(a) the construction or extension of the facility; and\n(b) the attaching or securing of the facility to any part of a utility\nnetwork facility; and\n(c) placing any part of the facility on, over or under land; and\n(d) any activity that is ancillary or incidental to an activity\nmentioned in paragraph (a), (b) or (c).\n\nInstallation of telecommunications facilities Part 2\nSection 7\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 4\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nreticulated service means—\n(a) electricity, water, drainage, gas, communications or similar\nservices the provision of which allows for direct access to and\nuse of the services by the occupiers of individual parcels of land;\nor\n(b) mobile telecommunications services.\n7 Installation on utility network facilities\n(1) For purposes connected with the installation of a telecommunications\nfacility, a carrier may, in accordance with part 3 (Carrier’s\nobligations)—\n(a) enter defined land; and\n(b) inspect the land; and\n(c) carry out any work on the land that is necessary or desirable for\ninstalling a telecommunications facility on a utility network\nfacility.\n(2) Without limiting subsection (1) (c), a carrier may, for example, do\nany of the following:\n(a) use any plant, machinery, equipment or goods of the carrier;\n(b) fell or lop trees;\n(c) clear vegetation;\n(d) make excavations;\n(e) take soil, vegetation and other material away from the land.\n(3) In this section:\ncarrier includes an authorised person for the carrier.\n\nInstallation of telecommunications facilities Part 2\nSection 8\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Consent by utility etc to installation\nNothing in this Act is to be taken to give a carrier a right to install a\ntelecommunications facility on a utility network facility without the\nconsent of—\n(a) the responsible utility; or\n(b) the owner of the utility network facility.\n9 Ownership of telecommunications equipment\nNothing in this Act is to be taken to give the owner of a utility network\nfacility a proprietary interest in a telecommunications facility\ninstalled on the utility network facility, only because of the\ninstallation.\n10 Carrier’s continuing rights concerning installations\n(1) A carrier who installs a telecommunications facility under section 7\n(Installation on utility network facilities) has, by force of this section,\nthe following rights in relation to the facility:\n(a) to have the facility remain on, under or over the land while used,\nor for use, in a telecommunications network;\n(b) to use the facility, or have it for use, in the telecommunications\nnetwork.\n(2) Subsection (1) has effect subject to any agreement between the carrier\nand the responsible utility or the owner of the relevant utility network\nfacility.\n\nCarrier’s obligations Part 3\nSection 11\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 6\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Carrier’s obligations\n11 Notice to land-holder\n(1) Before entering land under section 7 (Installation on utility network\nfacilities), a carrier must give at least 7 days written notice to the land-\nholder of—\n(a) the carrier’s intention to enter the land; and\n(b) the purpose of the entry.\n(2) This section does not apply to anything done in urgent circumstances\nin which it is necessary to enter land to protect—\n(a) the integrity of the telecommunications facility; or\n(b) the health or safety of anyone; or\n(c) property; or\n(d) the environment.\n12 Service of notices\nA notice under section 11 may be served on a land-holder as follows:\n(a) by leaving it in the letterbox on the land;\n(b) by securing it in a conspicuous place on the land.\nNote For other ways of serving documents, see the Legislation Act, pt 19.5.\n13 Carrier to minimise disruption, inconvenience and\ndamage\nWhen acting under section 7 (Installation on utility network\nfacilities), a carrier must take all reasonable steps to ensure that it\ncauses as little disruption, inconvenience and damage as is\npracticable.\n\nCarrier’s obligations Part 3\nSection 14\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n14 Carrier to act reasonably etc\nWhen acting under section 7 (Installation on utility network\nfacilities), a carrier must—\n(a) act in a reasonable way; and\n(b) as far as practicable, ensure that any property on the land,\nincluding any domestic animal, is kept secure; and\n(c) act in accordance with any work method approved by the\nresponsible utility.\n15 Carrier to restore land and structures\n(1) A carrier who acts under section 7 (Installation on utility network\nfacilities) must take all reasonable steps to ensure, so far as\npracticable, that—\n(a) the land is restored as soon as practicable to a condition similar\nto its condition before the carrier acted; and\n(b) any structure damaged by the carrier is restored as soon as\npracticable to a condition similar to its condition before being so\ndamaged.\n(2) Subsection (1) does not require the restoration of land or a structure\nto a condition that would involve—\n(a) an interference with a telecommunications facility or a utility\nnetwork facility; or\n(b) a contravention of a law of the Territory.\n(3) The obligation in subsection (1) is subject to any agreement to the\ncontrary between the land-holder and the responsible utility or carrier.\n16 Installation costs\nThe carrier must bear the cost of things done by the carrier under\nsection 7 (Installation on utility network facilities).\n\nCarrier’s obligations Part 3\nSection 17\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 8\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n17 Compensation\n(1) A person may claim reasonable compensation from a carrier if the\nperson suffers loss or expense because of anything done by a carrier\nunder section 7 (Installation on utility network facilities).\n(2) Compensation may be claimed and ordered in a proceeding for\ncompensation brought in a court of competent jurisdiction.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) Without limiting subsection (3), a court may take into account\nwhether the carrier has satisfied its obligations under section 15\n(Carrier to restore land and structures) in considering whether it is\njust to make an order under this section.\n\nAuthorised people Part 4\nSection 18\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Authorised people\n18 Authorised people\n(1) A carrier may appoint a person to be an authorised person for the\ncarrier for this Act.\nNote For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\n(2) An authorised person must act in accordance with any conditions of\nappointment and any direction given to the person by the carrier.\n19 Identity cards\n(1) The carrier must give each authorised person an identity card that\nstates the person’s name and appointment as an authorised person and\nshows—\n(a) a recent photograph of the person; and\n(b) the date of issue of the card; and\n(c) the date of expiry for the card; and\n(d) anything else prescribed under the regulations.\n(2) Within 7 days after ceasing to be an authorised person, a person must\nreturn the identity card to the carrier.\nMaximum penalty (subsection (2)): 1 penalty unit.\n20 Production of identity cards\n(1) An authorised person may exercise a power under this Act in relation\nto a person only if the authorised person first shows the person his or\nher identity card.\n(2) An authorised person may not remain on land entered under section 7\n(Installation on utility network facilities) if, on request by the land-\nholder or a person apparently in charge of the land, the authorised\nperson does not produce his or her identity card.\n\nMiscellaneous Part 5\nSection 21\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 10\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n21 Compensation—safety net\n(1) If—\n(a) apart from section 17 (Compensation) and this section, the\noperation of any provision of this Act would result in the\nacquisition of property from a person otherwise than on just\nterms; and\n(b) the acquisition would be unlawful because of the Self-\nGovernment Act, section 23 (1);\nthe person acquiring the property (the acquirer) is liable to pay\nreasonable compensation to the other person in relation to the\nacquisition.\n(2) If the acquirer and the other person do not agree on the amount of\ncompensation, the other person may, in a court of competent\njurisdiction, recover from the acquirer such reasonable compensation\nas the court determines.\n22 Operation of other Territory laws\nTo remove any doubt, this Act does not affect the operation of any\nother Territory law.\n23 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n(2) The regulations may prescribe offences for contraventions of the\nregulations and prescribe maximum penalties of not more than\n10 penalty units for offences against the regulations.\n\nDictionary\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:\n• exercise\n• law (of the Territory)\n• property\n• Territory land.\nauthorised person, for a carrier, means an authorised person\nappointed for the carrier under section 18 (Authorised people).\ncarrier—see the Telecommunications Act 1997 (Cwlth), section 7\n(Definitions).\ndefined land—see section 5 (Land to which Act applies).\ninstallation means an installation of a telecommunications facility\nmentioned in section 6 (Installations to which Act applies).\nland includes water.\nland-holder means—\n(a) in relation to leased Territory land—\n(i) the lessee; or\n(ii) if the land is occupied by someone other than the lessee—\nthe occupier; or\n(b) in relation to unleased Territory land—the director-general of\nthe administrative unit in the public service whose\nresponsibilities include managing the use of the land; or\n(c) in relation to land the subject of an agreement or arrangement\nmentioned in section 5 (b) (Land to which Act applies)—any\nperson prescribed under the regulations.\n\nDictionary\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 12\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nline—see the Telecommunications Act 1997 (Cwlth), section 7\n(Definitions).\nresponsible utility—see the Utilities Act 2000, dictionary.\ntelecommunications facility means a line, related equipment or\nfitting used, or for use, in a telecommunications network.\ntelecommunications network—see the Telecommunications Act\n1997 (Cwlth), section 7 (Definitions).\nutility network facility means a network facility under the Utilities\nAct 2000, dictionary.\n\nEndnotes\nAbout the endnotes 1\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 14\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nUtilities (Telecommunications Installations) A2001-34\nnotified 29 June 2001 (Gaz 2001 No S36)\ns 1, s 2 commenced 29 June 2001 (IA s 10B)\nremainder (ss 3-23) commences 1 July 2001 (s 2)\nas amended by\nStatute Law Amendment Act 2002 A2002-30 pt 3.88\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.88 commenced 17 September 2002\nPlanning and Land (Consequential Amendments) Act 2002 A2002-56\nsch 3 pt 3.18\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\nsch 3 pt 3.18 commenced 1 July 2003 (s 2 and see Planning and Land\nAct 2002 A2002-55, s 2)\nPlanning and Development (Consequential Amendments) Act 2007\nA2007-25 sch 1 pt 1.35\nnotified LR 13 September 2007\ns 1, s 2 commenced 13 September 2007 (LA s 75 (1))\nsch 1 pt 1.35 commenced 31 March 2008 (s 2 and see Planning and\nDevelopment Act 2007 A2007-24, s 2 and CN2008-1)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.166\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.166 commenced 1 July 2011 (s 2 (1))\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.69\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.69 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\n\nEndnotes\nAmendment history 4\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om R1 (LA s 89 (4))\nInstallations to which Act applies\ns 6 am A2002-30 amdts 3.969-3.971; A2002-56 amdt 3.80\nsub A2007-25 amdt 1.207\nam A2023-36 amdts 1.405-1.407\nCarrier’s continuing rights concerning installations\ns 10 am A2002-30 amdt 3.972\nService of notices\ns 12 sub A2002-30 amdt 3.973\nAuthorised people\ns 18 am A2002-30 amdt 3.974, amdt 3.975\nDictionary\ndict am A2002-30 amdt 3.976\ndef land-holder am A2011-22 amdt 1.463\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n12 Sept 2001\n1 July 2001–\n16 Sept 2002\nnot amended new Act\nR2\n3 Oct 2002\n17 Sept 2002–\n30 June 2003\nA2002-30 amendments by\nA2002-30\nR3\n1 July 2003\n1 July 2003–\n30 Mar 2008\nA2002-56 amendments by\nA2002-56\n\nEndnotes\nEarlier republications 5\nR6\n27/11/23\nUtilities (Telecommunications Installations) Act 2001\nEffective: 27/11/23\npage 16\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR4\n31 Mar 2008\n31 Mar 2008–\n30 June 2011\nA2007-25 amendments by\nA2007-25\nR5\n1 July 2011\n1 July 2011–\n26 Nov 2023\nA2011-22 amendments by\nA2011-22\n© Australian Capital Territory 2023","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Amendments since 2001 have updated cross-references (notably to planning and development legislation) and made procedural clarifications (for example, about service of notices and authorised‑person provisions). Those changes adjust how the Act operates in practice but do not materially expand the Act’s core scope: enabling carriers to install telecommunications facilities on utility network facilities subject to utilities’ consent and the carrier’s statutory obligations (see amendment history — changes to s 6 and related definitions)."},"complexity_factors":["Short Act: 23 substantive sections plus a dictionary (concise overall).","About 10 defined terms in the dictionary including several signpost definitions pointing to other Acts (Telecommunications Act 1997, Utilities Act 2000, Planning Act 2023).","Multiple cross-references to Commonwealth and Territory legislation (Telecommunications Act, Utilities Act, Planning Act, Legislation Act).","Several broadly-worded standards and qualifications: \"reasonable\", \"as far as practicable\", \"as soon as practicable\" (ss 13–15), which create interpretive uncertainty.","Conditional logic: notice requirement with an urgent-exception carve-out (s 11); carrier rights subject to agreements with utilities (s 10(2)).","Procedural requirements for notices and identity cards with a small criminal penalty for failing to return an identity card (ss 11–12, 19–20).","Regulation‑making power allowing offences and penalties up to 10 penalty units (s 23) — potential for subordinate complexity.","Courts retain open-ended discretion to award \"reasonable compensation\" and to assess what is \"just\" (s 17), which can generate case-by-case variability."],"plain_english_summary":"**What this law does, simply stated**\n\n- Mechanically, the Act allows a telecommunications carrier to put telecommunications equipment (lines, related equipment or fittings) on or attached to existing utility network facilities on Territory land — for example, attaching fibre or small cell equipment to poles, pipes or ducts used for electricity, water or gas — so long as the installation is for a reticulated service and follows an authorised network plan (see s 6 and s 7).\n\n- A carrier may enter the relevant land to inspect and carry out works needed for the installation, including excavations, clearing vegetation or using machinery, subject to the Act’s procedural and conduct requirements (s 7(1)–(2)).\n\n**Who this affects**\n\n- Carriers (as defined in the Commonwealth Telecommunications Act) and their authorised employees or contractors who carry out telecommunications installations (s 7, dictionary).\n- Responsible utilities or owners of utility network facilities (they must give consent to use their facilities; the Act does not itself override that requirement) (s 8).\n- Land-holders on Territory land (lessees, occupiers or relevant Territory officials) because carriers must notify them and may enter their land to undertake work (s 5, dictionary, s 11).\n- Members of the public or property owners who suffer loss or damage from installation works — they can seek compensation (s 17).\n\n**Key operational rules and duties**\n\n- Consent remains required from the responsible utility or owner before installation (s 8).\n- Before entering land, carriers must give at least 7 days’ written notice to the land-holder, except in urgent situations protecting safety, property, the environment or the integrity of the telecommunications facility (s 11).\n- Notices may be left in a letterbox or secured in a conspicuous place (s 12).\n- Carriers must minimise disruption and damage, act reasonably, secure property and animals as far as practicable, and follow any work methods the responsible utility approves (s 13–14).\n- Carriers must restore land and damaged structures as soon as practicable to a condition similar to that before the works, subject to limitations where restoration would interfere with the telecommunications or utility facility or breach Territory law (s 15).\n- Installation costs are borne by the carrier (s 16).\n- People who suffer loss or expense from the carrier’s work may claim reasonable compensation in court; the court decides what is just and may consider whether the carrier complied with restoration duties (s 17).\n- Carriers may appoint authorised persons to exercise powers under the Act; those people must carry identity cards and produce them on request (s 18–20).\n- The Act preserves the general operation of other Territory laws (s 22) and includes a ‘‘safety‑net’’ compensation rule where, apart from this Act, the operation of the Act would result in acquisition of property otherwise than on just terms (s 21).\n\n**Why the law matters — stated purpose and how it operates in practice**\n\n- Operationally the Act lowers legal friction for carriers to use existing utility network infrastructure for telecommunications deployments by setting out a clear statutory route for entry, works and retention of installed facilities (noting the carrier’s continuing right to have and use the facility while it is used in a telecommunications network) (s 10).\n- The Act also balances that access by (a) preserving the utility owner’s need to consent (s 8), (b) imposing procedural safeguards (notice, identity cards) (s 11, s 19–20), (c) mandating minimisation of harm and restoration (s 13–15), and (d) leaving compensation and disputes to the courts (s 17).\n\n**Testing the stated effect against practical costs, incentives and trade-offs**\n\n- Who pays: carriers pay the installation costs and bear financial exposure for compensation and restoration (s 16–17). That creates a direct financial incentive on carriers to limit damage and to negotiate access terms with utilities.\n\n- Who decides: carriers may decide to enter and carry out works subject to giving notice and obtaining consent from the responsible utility or owner; responsible utilities can control work methods and withhold consent; courts decide compensation disputes (s 7, s 8, s 14, s 17).\n\n- Incentives and trade-offs: by clarifying carriers’ statutory rights to retain and use installed facilities (s 10), the Act reduces legal uncertainty for carriers (encouraging deployment). However, because consent from the utility is still required (s 8), utilities retain bargaining leverage; negotiations over access, work methods and compensation remain central. The Act’s protections (notice, restoration, compensation) shift out-of-pocket costs and downside risk onto carriers, which may increase the carrier’s deployment cost.\n\n- Compliance burden and bureaucratic discretion: obligations framed by flexible standards—‘‘reasonable’’, ‘‘as far as practicable’’ and ‘‘as soon as practicable’’—give carriers and courts scope for interpretation, which reduces drafting complexity but raises implementation and litigation risk (s 13–15, s 17). Responsible utilities can approve specific work methods (s 14(b)), introducing operational discretion that carriers must accommodate.\n\n- Effects on private choice and market entry: the Act makes it mechanically easier to co-locate telecommunications assets on utility infrastructure, which can lower deployment costs and speed roll-out where utilities agree. Conversely, where utilities withhold consent or impose onerous work methods, carriers may face higher transaction costs and delays.\n\n- Concentrated benefits and diffuse costs: carriers potentially gain a concentrated benefit (clear legal route to use utility infrastructure), while costs (disturbance, potential land damage) can be dispersed across land-holders; the Act creates a compensation mechanism (s 17) to reallocate some costs back to carriers.\n\n**Practical points to watch**\n\n- The Act cross-references Commonwealth and Territory laws for the definitions of ‘‘carrier’’, ‘‘line’’ and ‘‘telecommunications network’’, and for utility definitions and planning approvals; interactions between those laws are practically important when negotiating access or litigating disputes (dictionary; see Telecommunications Act 1997 definition references and Utilities Act 2000 reference).\n- The absence of a statutory right to override utility consent (s 8) means access typically requires negotiation or contractual terms between carriers and utilities.\n\n(Primary statutory references: ss 5–17, 18–20, 21–23; dictionary.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: facilitating telecommunications installation on utility infrastructure. The 2023 amendment updated references from the repealed Planning and Development Act 2007 to the new Planning Act 2023, but this is a technical maintenance amendment rather than a scope expansion. The Act has not grown beyond its initial remit of governing carrier access to utility network facilities for reticulated services."},"complexity_factors":["Short statute: only 23 sections across 5 Parts","Minimal defined terms: approximately 10 key definitions in the Dictionary, with several signpost definitions referencing external legislation (Telecommunications Act 1997, Utilities Act 2000)","Simple conditional structure: primarily straightforward obligations ('must give notice', 'must act reasonably') with limited nesting","Limited cross-referencing: mainly internal references to other sections of the same Act, plus standard references to Commonwealth and ACT legislation","Single emergency exception in section 11(2) with four sub-categories","No delegated legislative instruments or regulations attached to the republished text","Clear Part structure following logical progression: preliminary, substantive rights, obligations, enforcement (authorised persons), miscellaneous"],"plain_english_summary":"This law lets telecommunications carriers install equipment on existing utility infrastructure (poles, pipes, etc.) by accessing landowners’ property, subject to notice, utilities’ consent, and rules to minimise disruption. It also preserves utility control over their assets, clarifies ownership of telecom gear, and provides compensation for damage.\n\nIt affects carriers, utility owners, and ACT landowners — speeding network rollout while protecting property rights and safety."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/utilities-telecommunications-installations-act-2001","history":"/api/acts/utilities-telecommunications-installations-act-2001/history","analysis":"/api/acts/utilities-telecommunications-installations-act-2001/analysis","conflicts":"/api/acts/utilities-telecommunications-installations-act-2001/conflicts","importantCases":"/api/acts/utilities-telecommunications-installations-act-2001/important-cases","documents":"/api/acts/utilities-telecommunications-installations-act-2001/documents"}}