188Administration of existing telecommunications interests

#### 188 Administration of existing telecommunications interests 188 Administration of existing telecommunications interests > > (1) In this section— > > > > broadcasting or telecommunications facility means a facility used for the purpose of providing broadcasting services within the meaning of the [Broadcasting Services Act 1992](http://www.legislation.gov.au/) of the Commonwealth, or a facility within the meaning of the [Telecommunications Act 1997](http://www.legislation.gov.au/) of the Commonwealth— > > > > > (a) the use of which is authorised under the [Forestry Act 2012](/view/html/inforce/current/act-2012-096) or [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), or > > > > > (b) that was lawfully constructed under Commonwealth legislation and exempted at the time of construction under that legislation from the requirement for authorisation under State legislation. > > > > existing facility means a broadcasting or telecommunications facility situated on land reserved under this Act and in existence on the relevant date. > > > > relevant date means, in relation to a broadcasting or telecommunications facility— > > > > > (a) if the land on which the facility is situated was reserved under this Act immediately before the commencement of this section—the date of that commencement, or > > > > > (b) if the land on which the facility is situated is reserved under this Act on or after the commencement of this section—the date on which the land was so reserved. > > > (2) At the request of a person who is the owner of an existing facility, the Minister may grant the person a lease or licence under this section for the purposes of enabling the facility to be used and maintained. > > > (3) The Minister may grant a lease or licence under this section in respect of an existing facility to which paragraph (b) of the definition of broadcasting or telecommunications facility in subsection (1) applies only if the facility is no longer exempt from the requirement to be authorised under State legislation at the date of the grant of the lease or licence. > > > (4) On the grant of a lease or licence under this section in respect of an existing facility, any authorisation referred to in paragraph (a) of the definition of broadcasting or telecommunications facility in subsection (1) in respect of the facility is revoked. > > > (5) Any lease or licence granted under this section is subject to such terms and conditions as the Minister may determine. > > > (6) This section does not limit section 187. > > **s 188:** Ins 2001 No 130, Sch 1 \[64\]. Am 2012 No 96, Sch 4.24 \[1\]; 2017 No 17, Sch 2.16 \[29\].