143EExemptions—certain real estate development projects etc.

#### 143E Exemptions—certain real estate development projects etc. (1) If: (a) a part of the infrastructure of a telecommunications network is situated in a particular area that: (i) on 1 January 2011, was being developed as a particular stage of a real estate development project; or (ii) before 1 January 2011, was developed as a particular stage of a real estate development project; and (b) on or after the designated commencement date, the network is extended to another area that is being, or is to be, developed as another stage of the project; and (c) a carrier installs telecommunications network infrastructure; and (d) the infrastructure mentioned in paragraph (c) is part of the extension; the infrastructure mentioned in paragraph (c) is exempt from sections 142C and 143. (2) If: (a) a part of the infrastructure of a telecommunications network is situated in a particular area that: (i) on 1 January 2011, was being developed as a particular stage of a real estate development project; or (ii) before 1 January 2011, was developed as a particular stage of a real estate development project; and (b) during the period: (i) beginning at the start of the designated commencement date; and (ii) ending when the Minister made a declaration under repealed section 48 of the National Broadband Network Companies Act 2011 that, in the Minister’s opinion, the national broadband network should be treated as built and fully operational; the network is extended to an area that is: (iii) the project area of a real estate development project specified under subsection (3); or (iv) the project area of a real estate development project that belongs to a class of real estate development projects specified under subsection (5); or (v) the project area of a building redevelopment project specified under subsection (6); or (vi) the project area of a building redevelopment project that belongs to a class of building redevelopment projects specified under subsection (8); and (c) a carrier installs telecommunications network infrastructure; and (d) the infrastructure mentioned in paragraph (c) is part of the extension; the infrastructure mentioned in paragraph (c) is exempt from sections 142C and 143. > Note: For the purposes of subparagraph (2)(b)(ii), the declaration under repealed section 48 of the National Broadband Network Companies Act 2011 was made on 11 December 2020. (3) The Minister may, by notifiable instrument, specify one or more real estate development projects for the purposes of subparagraph (2)(b)(iii). (4) Subsection 13(3) of the Legislation Act 2003 does not apply to subsection (3) of this section. (5) The Minister may, by legislative instrument, specify one or more classes of real estate development projects for the purposes of subparagraph (2)(b)(iv). (6) The Minister may, by notifiable instrument, specify one or more building redevelopment projects for the purposes of subparagraph (2)(b)(v). (7) Subsection 13(3) of the Legislation Act 2003 does not apply to subsection (6) of this section. (8) The Minister may, by legislative instrument, specify one or more classes of building redevelopment projects for the purposes of subparagraph (2)(b)(vi). Building redevelopment project (9) For the purposes of this section, a project is a building redevelopment project if the project involves: (a) the significant refurbishment or repurposing of one or more buildings so as to bring into existence one or more building units; and (b) the making available of any or all of those building units for sale or lease. (10) For the purposes of this section, the area or areas occupied by the building or buildings are the project area for the building redevelopment project. (11) For the purposes of subsection (9), it is immaterial whether: (a) the project has been, is being, or will be, implemented in stages; or (b) different elements of the project have been, are being, or will be, carried out by different persons; or (c) one or more approvals are given, are required, or will be required, under a law of the Commonwealth, a State or a Territory, for the project, or any element of the project.