Commonwealth legislation

Telecommunications Code of Practice 2018

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

8/10 complexity

This Code sets binding operational rules for carriers that enter land to inspect, install or maintain telecommunications facilities — covering inspections, subscriber connections, low‑impact facilities, temporary defence facilities and temporary/event facilities. It prescribes who must be notified, how and when objections are handled, environmental and safety checks, record‑keeping, removal timeframes and limits for temporary sites.

It primarily affects carriers (who decide and carry out work and bear restoration and compliance costs), landowners/occupiers and third parties (who can object and may be asked to pay for undergrounding), ACMA, the Environment Secretary and the Telecommunications Industry Ombudsman.

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Part 1

Preliminary

Chapter 1 Preliminary

1.1 Name

This Instrument is the Telecommunications Code of Practice 2018.

1.3 Authority

This Instrument is made under subclause 15(1) of Schedule 3 to the Telecommunications Act 1997 and subsection 33(3) of the Acts Interpretation Act 1901.

1.4 Repeal

The Telecommunications Code of Practice 1997 in force immediately before this Instrument commences is repealed.

Background to code of practicePart 1 of Schedule 3 to the Telecommunications Act 1997 authorises a carrier to enter on land and exercise any of the following powers: inspect the land — see Division 2 of Part 1 of the Schedule install a facility — see Division 3 of Part 1 maintain a facility — see Division 4 of Part 1.In exercising a power, a carrier must comply with the conditions specified in the Part, including: doing as little damage as practicable acting in accordance with good engineering practice complying with recognised industry standards.Under clause 15 of the Schedule, the Minister may make a Code of Practice setting out conditions to be complied with by carriers in relation to any or all of the activities covered by the Divisions (other than activities covered by a facility installation permit).Carriers must comply with the Code as well as the conditions specified in Part 1.Simplified outline of codeThe Code has 6 Chapters.The Chapters deal with the following activities: Chapter 2 — inspection of land Chapter 3 — subscriber connection Chapter 4 — low-impact facilities Chapter 5 — temporary defence facilities Chapter 6 — maintenance of facilities.Definitions for words and expressions used in the Chapters are to be found in the dictionary in the Schedule at the end of the Code.

1.5 Definitions — the dictionary

(1) The dictionary in the Schedule defines particular words and expressions.

(2) A relevant definition found elsewhere in this Code is indicated by a signpost definition in the dictionary.

Example:

Note: The signpost definition

Note: land entry activity see section 2.2.

Note: indicates that the expression is defined in section 2.2 of this Code.

Note A signpost definition of a word or expression is included only if the definition is used outside the section defining the word or expression.

(3) The dictionary also includes certain words and expressions relevant to this Code that are defined in the Telecommunications Act 1997.

Note 1 These definitions are indicated by 1 or 2 asterisks (* or **).

Note 2 One asterisk (*) indicates that the definition has been taken from clause 2 of Schedule 3 to the Act. Two asterisks (**) indicate that the definition has been taken from section 7 of the Act.

Note 3 These definitions have been included for information only to assist readers of the Code.

(4) A definition outside the Act and this Code that is applied to this Code is also indicated by a signpost definition in the dictionary.

Example:

Note: The signpost definition

Note: ecological community see section 528 of the Environment Protection and Biodiversity Conservation Act 1999.

Note: indicates that the expression is defined in section 528 of the Environment Protection and Biodiversity Conservation Act 1999 and that the definition applies to this Code.

(5) A definition in or applying to this Code applies to each use of the word or expression in the Code unless the contrary intention appears.

1.6 Notification procedures

(1) The time for when a notice sent by post to an address in Australia is deemed to be given to, and received by, the addressee is to be determined in accordance with the table at Regulation 6 of the Australian Postal Corporation (Performance Standards) Regulations 1998 as in force from time to time.

Note 1 For the ways in which notice may be given, see section 28A of the Acts Interpretation Act 1901.

Note 2 For the way in which a notice must be posted in order to be properly given, see section 29 of the Acts Interpretation Act 1901.

(2) A notice left at the residence of the person to whom it is addressed is taken to have been given on the second business day after it was left at the residence.

(3) A notice mentioned in this Code may be combined with another notice mentioned in this Code.

(4) In this Code, unless the contrary intention appears, where a proposed action forms part of the activity of an unincorporated joint venture comprising two or more carriers, the reference to ‘carrier’ is taken to be to the carrier that is legally authorised under the joint venture arrangement to perform the proposed activity on behalf of the other carriers.

(5) A notice given by a carrier in accordance with this Code in respect of proposed action forming part of the activity of an unincorporated joint venture must include the legal name and registered place of business of each entity forming part of the joint venture.

Part 2

Inspection of land

Chapter 2 Inspection of land

Simplified outline of Chapter 2Under Division 2 of Part 3 of Schedule 3 to the Telecommunications Act 1997, a carrier may, for the purposes of determining whether any land is suitable for its purposes: enter on, and inspect, the land; and do anything on the land that is necessary or desirable for that purpose.A carrier may also, for the purpose of surveying or obtaining information in relation to any land that, in the carrier’s opinion, is or may be suitable for its purposes: enter on any land; and do anything on the entered land that is necessary or desirable for that purpose.This Chapter sets out conditions to be complied with by a carrier in exercising powers under Division 2 of Part 3.The Chapter has 5 Parts.The Parts deal with the following matters: Part 1 — introduction Part 2 — conditions in the Act for carrier conduct Part 3 — additional carrier conditions Part 4 — Director of National Parks and Environment Secretary Part 5 — general notification arrangements and objections to land entry activities.

2.1 Purpose of Chapter 2

(1) Under the Act, if a carrier engages, or proposes to engage, in a land entry activity, the carrier must comply with:

(2) Part 2 and Division 2 of Part 5 set out some of the carrier conditions in the Act, in simplified form, to assist the reader of the Code.

2.2 Land entry activity

(1) A land entry activity of a carrier is any of the following activities of the carrier:

(a) entering on, or inspecting, land for the purposes of determining whether any land is suitable for its purposes;

(b) doing anything on the land that is necessary or desirable for that purpose, including, for example, making surveys, taking levels, sinking bores, taking samples, digging pits and examining the soil.

(2) A land entry activity of a carrier is also any of the following activities of the carrier:

(a) entering on land for the purposes of surveying or obtaining information in relation to any land that, in the carrier’s opinion, is or may be suitable for its purposes;

(b) doing anything on the entered land that is necessary or desirable for that purpose, including, for example, making surveys and taking levels.

Note See Act, Schedule 3, clause 5.

Note on definitionsA number of words and expressions used in this Chapter are to be found in the dictionary in the Schedule, including: ACMA (the Australian Communications and Media Authority) carrier Director of National Parks environment Environment Secretary industry standard installation listed international agreement Telecommunications Industry Ombudsman.

Note Part 2 is provided for information only: see subsection 2.1 (2). The provisions of the Act should be consulted to decide rights and obligations.

2.3 Carrier to do as little damage as practicable

In engaging in a land entry activity, a carrier must take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as is practicable.

2.4 Carrier to restore land

(1) If a carrier engages in a land entry activity in relation to any land, the carrier must take all reasonable steps to ensure that the land is restored to a condition similar to its condition before the activity began.

(2) The carrier must take all reasonable steps to ensure that the restoration starts within 10 business days after the completion of the land entry activity.

2.5 Management of activities

A carrier must, in connection with carrying out a land entry activity, take all reasonable steps:

2.6 Agreements with public utilities

(1) If a land entry activity of a carrier is likely to affect the operations of a public utility, the carrier must make reasonable efforts to enter into an agreement with the utility that makes provision for the manner in which the carrier will engage in the activity.

2.7 Compliance with industry standards

A carrier must engage in a land entry activity in accordance with any standard that:

Note 2 Examples of applicable standards are:

Note:  Australian Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields – 3kHz to 300GHz (RPS3); and

Note 3 Copies of ACMA-recognised standards are available at: https://www.acma.gov.au/register-telco-industry-codes-and-standards

2.8 Compliance with listed international agreements

A carrier must engage in a land entry activity in a manner consistent with Australia’s obligations under a listed international agreement relevant to the activity.

2.9 Notice to roads authorities, utilities etc

(1) Before engaging in an activity mentioned in subclause 19 (1) of Schedule 3 to the Act as part of a land entry activity, a carrier must give written notice of its intention to do so to the person or authority responsible for the care and management of the thing affected by the activity.

Note:  closing, diverting or narrowing a road or bridge;

Note:  installing a facility on, over or under a road or bridge;

Note:  altering the position of a water, sewerage or gas main or pipe; and

(2) However, the carrier is not required to give the notice in a circumstance mentioned in subclauses 19 (2) and (3) of Schedule 3 to the Act.

2.10 Records for certain facilities

(1) If a carrier owns or operates designated overhead lines, the carrier must keep and maintain records of the kind and location of the lines.

(2) If a carrier owns or operates telecommunications transmission towers, the carrier must keep and maintain records of the kind and location of the towers.

Note 1 See Act, Schedule 1, clause 41, which defines the terms designated overhead line, telecommunications transmission tower and eligible underground facility.

Note 2 Section 4.10 of this Code specifies record keeping requirements in relation to the installation of certain temporary facilities.

Note 3 Section 6.10 of this Code specifies record keeping requirements in relation to maintenance activities involving the installation of certain temporary facilities.

2.11 Best practice

(1) In engaging in a land entry activity, a carrier must ensure that the design, planning and installation of facilities (the carrier’s facilities) is in accordance with best practice.

(3) However, if there is no code or standard in force for the activity, best practice is conduct regarded by people constructing facilities substantially similar to the carrier’s facilities as using the best available design, planning and location practices to minimise the potential degradation of the environment and the visual amenity associated with the facilities.

2.12 Noise

(1) In engaging in a land entry activity at any time between 10 pm and 7 am, a carrier must not make noise at a level greater than the level of noise allowed to be made at that time under State or Territory law applying to similar activities carried out by a person other than a carrier.

(2) However, if there is no level of noise applying under State or Territory law for that time, the carrier must not make noise that is audible by a person in a nearby home or business unless the carrier is allowed to make the noise under an agreement with the relevant local government body.

2.13 Compliance with standards and codes

A carrier must engage in a land entry activity in accordance with any standard or code under Part 6 of the Act applying to the activity.

Note Section 2.13 complements section 2.7, which deals with complying with standards to reduce a risk to the safety of the public.

Div 2

Notification requirements

Division 2 Notification requirements

2.15 Notice to Director of National Parks

(1) The Director of National Parks is responsible for the administration, management and control of Commonwealth reserved and conservation zones under the Environment Protection and Biodiversity Conservation Act 1999.

(2) If a proposed land entry activity of a carrier is likely to be undertaken in, or have an effect on, any of the areas for which the Director is responsible, the carrier must notify the Director in writing of the activity.

2.16 Notice to Environment Secretary

(1) Before engaging in a land entry activity, a carrier must take all reasonable steps to find out whether the carrier would be required to notify the Environment Secretary of the activity under this section.

(2) However, the carrier and the Environment Secretary may agree, in writing, on how the carrier is to find out whether the carrier would be required to notify the Environment Secretary.

(3) The carrier must notify the Environment Secretary, in writing, of a proposed land entry activity, at least 10 business days before starting the activity, if subsection (4), (5) or (6) applies to the activity.

(f) could damage the whole or a part of a place, or an ecological community, essential to the continuing existence of a threatened species of flora or fauna; or

(h) could have a significant impact on the value of the National Heritage List place or a World Heritage List property; or

(i) could have an adverse effect on an endangered ecological community; or

(j) could damage the whole or a part of the habitat of an endangered ecological community.

(5) The carrier must notify the Environment Secretary if the carrier proposes to engage in the activity at any of the following places:

(a) a declared World Heritage property (as identified in the Environment Protection and Biodiversity Conservation Act 1999);

(c) an area that, under a law of the Commonwealth, is reserved wholly or principally for nature conservation purposes (however described);

(6) The carrier must notify the Environment Secretary if the carrier proposes to engage in the activity at or near an area or thing of particular significance to Aboriginal persons, or Torres Strait Islanders, in accordance with their traditions.

(a) a carrier must notify the Environment Secretary of a proposed land entry activity; and

(a) tell the Secretary, when notifying the Secretary, that the carrier has the agreement with the Director ; and

2.17 Notification agreements

(1) A carrier must give a copy of each agreement entered into by the carrier under sections 2.15 and 2.16 to the ACMA within 30 business days after entering into the agreement.

Div 3

Response by Environment Secretary

Division 3 Response by Environment Secretary

2.18 Interim notice stopping land entry activity

(1) The Environment Secretary may give a carrier a notice requiring the carrier not to engage, or continue to engage, in a land entry activity.

(2) The notice must invite the carrier to give the Secretary information that will help the Secretary to consider the form of the final notice under section 2.19.

2.19 Final notice

(1) This section applies if the Environment Secretary has given a carrier a notice under section 2.18 about a land entry activity.

(2) T he Secretary must consider any information given to the Secretary by the carrier in response to the notice (and any other relevant matters), and give a carrier a final notice, within a reasonable time:

(c) revoking the original notice, but imposing conditions about how the carrier should engage, or continue to engage, in the activity.

(b) the impact of the activity on the carrier, and on customers of the carrier who would be directly affected by the decision.

Part 5

General notification arrangements and objections to land entry activities

Part 5 General notification arrangements and objections to land entry activities

Simplified outline of Part 5This Part sets out rules for notifying owners and occupiers of land about a land entry activity. It also sets out rules for the owners and occupiers to object to the activity.The effect of this Part is that: The carrier must notify owners and occupiers about land entry activities in accordance with the Act and this Code An owner or occupier has an opportunity to object to the activity The carrier must try to resolve the objection by agreement If there is no agreement, the objection can be referred to the Telecommunications Industry Ombudsman.

2.20 Purpose of Part 5

(1) Under clause 17 of Schedule 3 to the Act, a carrier must give written notice to the owner (and, if the land is occupied by someone other than the owner, the occupier) of its intention to engage in a land entry activity.

(2) Clause 54 of Schedule 3 to the Act sets out arrangements for a carrier to serve notice on an owner or occupier of land if the owner or occupier cannot be found after diligent inquiry.

(3) Division 2 sets out, in simplified form, the notification requirements of clauses 17 and 54 of Schedule 3 as they apply to land entry activities.

(4) Divisions 3 to 5 set out additional arrangements for notification, and arrangements for the owner or occupier to object to the activity.

2.21 Application of Divisions 3, 4 and 5 of Part 5

(1) Divisions 3, 4 and 5 of this Part do not apply to a land entry activity if the carrier engages in it as a response to a disaster declaration.

(2) Divisions 3, 4 and 5 of this Part do not apply to a land entry activity if the carrier engages in it in other circumstances in which the safety of life or property is endangered.

(3) Divisions 3, 4 and 5 of this Part do not apply to a land entry activity if the owner or occupier of the land has asked the carrier to engage in it as part of the installation of a facility.

Note This Division is provided for information only: see subsection 2.1 (2). The provisions of the Act should be consulted to decide rights and obligations.

2.22 Notice to owner and occupier of land

(1) Before engaging in a land entry activity, a carrier must give written notice of its intention to do so to:

(3) The notice must also contain a statement to the effect that, if a person suffers financial loss or damage in relation to property because of anything done by the carrier in engaging in the activity, compensation may be payable under clause 42 of Schedule 3 to the Act.

(4) The notice must be given:

(a) at least 10 business days before the carrier begins to engage in the activity; or

(b) at least 2 business days before the carrier begins to engage in the activity if engaging in the activity:

(i) is not inconsistent with Australia’s obligations under a listed international agreement;

(ii) could not have an effect described in one or more of subparagraphs 27(7)(a)(ii) to (xii) (inclusive) of Schedule 3 to the Act;

(iii) will not have an adverse effect on a streetscape or other landscape; and

(iv) will not have an impact on a place, area or thing described in paragraph 27(7)(c) or (d) of Schedule 3 to the Act.

(5) However, the carrier is not required to give the notice in circumstances mentioned in subclauses 17 (6), (6A), and (7) of Schedule 3 to the Act.

2.23 Serving notices if owner unknown

(1) If a carrier is unable, after diligent inquiry, to find out who owns particular land, the carrier may serve a notice on the owner of the land by publishing a copy of the notice in a newspaper circulating in a district in which the land is situated and:

(2) If a carrier is unable to serve a notice on the owner of land either personally, or by post, in accordance with section 1.6, the carrier may serve a notice on the owner of the land by publishing a copy of the notice in a newspaper circulating in a district in which the land is situated and:

2.24 Serving notices if occupier unknown

(1) If a carrier is unable to serve a notice on the occupier of land either personally, or by post, in accordance with section 1.6, the carrier may serve a notice on the occupier by publishing a copy of the notice in a newspaper circulating in the district in which the land is situated and:

(2) If a carrier is unable, after diligent inquiry, to find out whether particular land is occupied, or who occupies particular land, the carrier may treat the land as unoccupied.

2.25 Notice to owner and occupier of land: additional requirements

(1) A carrier must include in a notice mentioned in section 2.22:

(a) details of the actions that the carrier expects to take, as part of the land entry activity, on land affected by the activity; and

(2) If the Telecommunications Industry Ombudsman has issued a document setting out how the carrier is to explain the arrangements for making objections to the land entry activity, the carrier must comply with the document.

2.26 Agreement on alternative notification arrangements

(1) A carrier may agree in writing with an owner or occupier of land affected by a land entry activity for alternative notification arrangements.

2.27 Additional arrangements for serving notices

(1) If a carrier serves a notice under section 2.23 or 2.24, the carrier must, if practicable after engaging in the land entry activity, attach to a conspicuous part of the land a copy of another notice that:

(2) However, the carrier is not required to fix the notice on occupied land if the carrier has been able to give the occupier a notice about the activity either personally, or by post, in accordance with section 1.6.

2.28 Objection to land entry activity

(1) If a carrier gives notice to an owner or occupier of land of its intention to engage in a land entry activity, the owner or occupier (the objector) may give the carrier a written objection to the activity.

2.29 Reasons for objection

(e) the carrier’s proposals to minimise detriment and inconvenience, and to do as little damage as practicable, to the objector’s land.

Note The carrier is required to take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as practicable in engaging in the activity: see Act, Schedule 3, clause 8.

2.30 Time for giving objection to carrier

(1) For a notice to which paragraph 2.22 (4)(a) applies, the objection must be given to the carrier within 9 business days after the notice is received.

(2) For a notice to which paragraph 2.22 (4)(b) applies, the objection must be given to the carrier within 1 business day after the notice is received.

Note The objection periods of 9 business days and 1 business day in section 2.31 reflect these notification requirements in clause 17 of Schedule 3 to the Act.

2.31 Activity after objection

If the objection complies with sections 2.28 to 2.30, the carrier may only engage in the land entry activity if 1 of the following situations happens:

Situation 2 A request to refer the objection to the Telecommunications Industry Ombudsman is not received by the carrier within the 9 business days mentioned in section 2.35.

Situation 3 The Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome.

2.32 Consultation

(1) The carrier must make reasonable efforts to consult the objector about the objection within 5 business days after receiving the objection.

(2) The carrier must also make reasonable efforts to resolve the objection by agreement with the objector within 20 business days after receiving the objection.

Note An agreement with the objector allows the carrier to engage in the land entry activity: see s 2.31, situation 1.

2.33 Changes to land entry activity

(1) If the objection is not resolved by agreement within 20 business days after receiving the objection, the carrier must consider whether to change the land entry activity.

(c) is likely to have a greater adverse effect on the environment than engaging in the activity as originally proposed; or

(b) if the carrier does not propose to change the activity — why the carrier will engage in the activity as originally proposed.

2.34 Application of Division 5

2.35 Request to refer objection to Telecommunications Industry Ombudsman

(1) Within 9 business days after the objector receives the carrier’s response to the objection, the objector may ask the carrier, in writing, to refer the objection to the Telecommunications Industry Ombudsman.

Note If the objector does not ask the carrier to refer the objection, the carrier may engage in the land entry activity: see s 2.31, situation 2.

2.36 Compliance with directions of Telecommunications Industry Ombudsman

(1) Subject to this section, if the Telecommunications Industry Ombudsman gives a direction to the carrier about the way in which the carrier should engage in the land entry activity, the carrier must comply with the direction.

(2) This section applies only if the objection which is the subject of the direction comes, in whole or in part, within the jurisdiction of the Telecommunications Industry Ombudsman.

Note 1 If the Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome, the carrier may engage in the land entry activity: see s 2.31, situation 3.

Note 2 If the Telecommunications Industry Ombudsman gives a direction to the carrier, the carrier may engage in the land entry activity: see s 2.31, situation 4.

Part 3

Subscriber connection

Chapter 3 Subscriber connection

Simplified outline of Chapter 3Division 3 of Schedule 3 to the Telecommunications Act 1997 authorises a carrier to enter on land and install facilities, including a subscriber connection.This Chapter sets out conditions to be complied with by a carrier in installing a subscriber connection.The Chapter has 7 Parts.The Parts deal with the following matters: Part 1 — introduction Part 2 — conditions in the Act for carrier conduct Part 3 — additional carrier conditions Part 4 — installing a subscriber connection underground: no third parties Part 5 — installing a subscriber connection underground: third parties Part 6 — Director of National Parks and Environment Secretary Part 7 — general notification arrangements.

3.1 Purpose of Chapter 3

(1) Under the Act, if a carrier engages in, or proposes to engage in, a subscriber connection activity, the carrier must comply with:

(2) Part 2 and Division 2 of Part 7 set out some of the carrier conditions in the Act, in simplified form, to assist the reader of the Code.

(3) Parts 3 to 6, and the other Divisions of Part 7, set out the Code conditions.

3.2 Subscriber connection activity

A subscriber connection activity of a carrier is any of the following activities:

(a) installing a subscriber connection;

(b) carrying out an activity for purposes in connection with the installation of a subscriber connection.

Note on definitionsA number of words and expressions used in this Chapter are to be found in the dictionary in the Schedule, including: ACMA (the Australian Communications and Media Authority) aerial cabling carrier Director of National Parks environment Environment Secretary industry standard installation listed international agreement subscriber connection.

Note Part 2 is provided for information only: see subsection 3.1 (2). The provisions of the Act should be consulted to decide rights and obligations.

3.3 Carrier to do as little damage as practicable

In engaging in a subscriber connection activity, a carrier must take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as is practicable.

3.4 Carrier to restore land

(1) If a carrier engages in a subscriber connection activity in relation to any land, the carrier must take all reasonable steps to ensure that the land is restored to a condition similar to its condition before the activity began.

(2) The carrier must take all reasonable steps to ensure that the restoration starts within 10 business days after the completion of the activity.

3.5 Management of activities

A carrier must, in connection with carrying out a subscriber connection activity, take all reasonable steps:

3.6 Agreements with public utilities

(1) If a subscriber connection activity of a carrier is likely to affect the operations of a public utility, the carrier must make reasonable efforts to enter into an agreement with the utility that makes provision for the manner in which the carrier will engage in the activity.

3.7 Compliance with industry standards

A carrier must engage in a subscriber connection activity in accordance with any standard that:

Note 2 An example of a standard is a relevant standard or code under Part 6 of the Act.

Note 3 Copies of ACMA-recognised standards are available at https://www.acma.gov.au/register-telco-industry-codes-and-standards

3.8 Compliance with listed international agreements

A carrier must engage in a subscriber connection activity in a manner consistent with Australia’s obligations under a listed international agreement relevant to the activity.

3.9 Notice to roads authorities, utilities etc

(1) Before engaging in an activity mentioned in subclause 19 (1) of Schedule 3 to the Act as part of a subscriber connection activity, a carrier must give written notice of its intention to do so to the person or authority responsible for the care and management of the thing affected by the activity.

(2) However, the carrier is not required to give the notice in a circumstance mentioned in subclauses 19 (2) and (3) of Schedule 3 to the Act.

3.10 Records for certain facilities

(1) If a carrier owns or operates designated overhead lines, the carrier must keep and maintain records of the kind and location of the lines.

(2) If a carrier owns or operates telecommunications transmission towers, the carrier must keep and maintain records of the kind and location of the towers.

Note See Act, Schedule 1, clause 41, which defines the terms designated overhead line, telecommunications transmission tower and eligible underground facility.

3.11 Best practice

(1) In engaging in a subscriber connection activity, a carrier must ensure that the design, planning and installation of facilities (the carrier’s facilities) is in accordance with best practice.

3.12 Noise

(1) In engaging in a subscriber connection activity at any time between 10 pm and 7 am, a carrier must not make noise at a level greater than the level of noise allowed to be made at that time under State or Territory law applying to similar activities carried out by a person other than a carrier.

3.13 Co-location

(1) Before engaging in a subscriber connection activity, a carrier must take all reasonable steps to find out whether any of the following things (existing facilities) is available for the activity:

(a) cabling, conduits or other facilities of the carrier or another carrier; or

(b) a facility of a public utility; or

(2) The carrier must take all reasonable steps to use existing facilities for the activity.

3.14 Cooperation about activities

Before engaging in a subscriber connection activity, a carrier (the first carrier) must take all reasonable steps:

(a) to find out whether another carrier, or a public utility, is engaging in, or proposing to engage in, a similar activity for the same land; and

(b) to consider whether it is practicable to work with the other carrier or the utility to allow the first carrier:

(i) to cause as little detriment and inconvenience as is practicable; and

(ii) to do as little damage as is practicable.

Note The carrier is required to take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as practicable in engaging in the activity: see Act, Schedule 3, clause 8.

3.15 Compliance with standards and codes

A carrier must engage in a subscriber connection activity in accordance with any standard or code under Part 6 of the Act applying to the activity.

Note Section 3.15 complements section 3.7, which deals with complying with standards to reduce a risk to the safety of the public.

3.16 Height of subscriber connections

(1) A carrier must ensure that the minimum height of a subscriber connection from the ground complies with this section.

(2) If a standard or code under Part 6 of the Act applying to the activity specifies the minimum height of a subscriber connection, the minimum height of the connection must comply with the standard or code.

(3) If no standard or code specifies the minimum height of a subscriber connection for an area in which there is no vehicle traffic, the minimum height of the connection must be 2.4 metres.

(3) If no standard or code specifies the minimum height of a subscriber connection for a driveway not normally used by a vehicle regarded as a tall commercial vehicle, the minimum height of the connection must be 3.7 metres.

(4) If no standard or code specifies the minimum height of a subscriber connection for any other area in which there is vehicle traffic, the minimum height of the connection must be 4.9 metres.

Note The minimum heights in this section are derived from the current AS/CA s009: 2013 Australian Standards — Installation Requirements for Customer Cabling (Wiring Rules).

Part 4

Installing a subscriber connection underground: no third parties

Part 4 Installing a subscriber connection underground: no third parties

Simplified outline of Part 4The rules for installing a subscriber connection that would not cross land owned by a third party are: The carrier must offer to install the connection underground The subscriber has an opportunity to pay for underground installation, based on a quote given by the carrier The carrier must install the connection underground if the subscriber or authority agrees to pay for it The carrier is not required to install the connection underground if the subscriber refuses to pay for it.

3.17 Application of Part 4

This Part applies if:

(a) a carrier proposes to install aerial cabling connecting a subscriber’s premises with its network; and

(b) the cabling will only cross land owned by the subscriber or the carrier.

3.18 Offer to install subscriber connection underground

(1) The carrier must offer:

(a) to install a subscriber connection underground if the subscriber agrees to pay for underground installation; and

(b) to give the subscriber an indicative price or quote for underground installation.

(2) The carrier is only required to make the offer in writing if the subscriber asks the carrier.

(3) If a relevant local government authority has told the carrier that it has proposals for paying any of the cost of a subscriber connection activity, the carrier must include a statement about the proposals in the offer.

3.19 Indicative price

(1) If the subscriber asks the carrier for an indicative price for underground installation, the carrier must give the subscriber an indicative price.

(2) The carrier is only required to give the indicative price in writing if the subscriber asks the carrier.

(3) The price must be based on the carrier’s estimate of the average difference in cost between aerial and underground installation.

3.20 Installation quote

(1) If the subscriber asks the carrier for a quote to install underground installation, the carrier must give the subscriber a quote.

(2) The carrier is only required to give the quote in writing if the subscriber asks the carrier.

(3) The quote must be based on the carrier’s estimate of the difference in cost between aerial and underground installation.

(4) The quote may specify the way in which underground installation would be carried out.

3.21 Aerial or underground connection

(1) If the subscriber accepts the carrier’s quote, the carrier must install the subscriber connection underground.

(2) If the subscriber agrees to aerial cabling, the carrier is not required to install the subscriber connection underground.

(3) If the subscriber refuses to accept the carrier’s quote, or does not accept the carrier’s quote in writing within 10 business days after being given the quote, the carrier is not required to install the subscriber connection underground.

Part 5 Installing a subscriber connection underground: third parties

Simplified outline of Part 5The rules for installing a subscriber connection that would cross land owned by a third party are: The carrier must offer to install the connection underground The subscriber has an opportunity to pay for underground installation for the subscriber and all affected third parties, based on a quote given by the carrier If the subscriber refuses to pay for underground installation, each third party has an opportunity to pay for installation under the third party’s land The carrier must install the connection under all land affected if the subscriber agrees to pay for it The carrier must install the connection under a third party’s land if the third party agrees to pay for it The carrier is not required to install the connection under land if neither the subscriber nor a third party agrees to pay for it.

3.22 Application of Part 5

This Part applies if:

(a) a carrier proposes to install aerial cabling connecting a subscriber’s premises with its network; and

(b) the cabling will cross land owned by a person other than the subscriber or the carrier (a third party).

3.23 Offer to install subscriber connection underground

(1) The carrier must offer:

(a) to install a subscriber connection underground if the subscriber agrees to pay for underground installation for all land that would be affected by the installation; and

(b) to give the subscriber an indicative price or quote for underground installation.

(2) The carrier is only required to make the offer in writing if the subscriber asks the carrier.

3.24 Indicative price to subscriber

(1) If the subscriber asks the carrier for an indicative price for underground installation, the carrier must give the subscriber an indicative price.

(2) The carrier is only required to give the indicative price in writing if the subscriber asks the carrier.

(3) The price must be based on the carrier’s estimate of the average difference in cost between aerial and underground installation for all land that would be affected by the installation.

3.25 Installation quote to subscriber

(1) If the subscriber asks the carrier for a quote to install a subscribed connection underground, the carrier must give the subscriber a quote.

(2) The carrier is only required to give the quote in writing if the subscriber asks the carrier.

(3) The quote must be based on the carrier’s estimate of the difference in cost between aerial and underground installation for all land that would be affected by the installation.

(4) The quote may specify the way in which the connection would be installed.

3.26 Offer to third party

(1) This section applies if the subscriber:

(a) refuses in writing to accept the carrier’s quote; or

(b) does not agree in writing, within 10 business days after the subscriber was given the quote, to accept the quote for all land that would be affected by the installation.

(2) The carrier must offer:

(a) to install a subscriber installation underground for the third party’s land; and

(b) to give the third party an indicative price or quote for underground installation.

(3) The carrier is only required to make the offer in writing if the third party asks the carrier.

(4) If a relevant local government authority has told the carrier that it has proposals for paying any of the cost of a subscriber connection activity, the carrier must include a statement about the proposals in the offer.

3.27 Indicative price to third party

(1) If the third party asks the carrier for an indicative price for installing the subscriber connection under the third party’s land, the carrier must give the third party an indicative price in writing.

(2) The carrier is only required to give the indicative price in writing if the third party asks the carrier.

(3) The price must be based on the carrier’s estimate of the average difference in cost between aerial and underground installation for the third party’s land.

3.28 Installation quote to third party

(1) If the third party asks the carrier for a quote for installing the subscriber connection under the third party’s land, the carrier must give the third party a written quote.

(2) The carrier is only required to give the quote in writing if the third party asks the carrier.

(3) The quote must be based on the carrier’s estimate of the difference in cost between aerial and underground installation for the third party’s land.

(4) The quote may specify the way in which the connection would be installed.

3.29 Aerial or underground installation: subscriber’s land

(1) If the subscriber accepts the carrier’s quote for all land that would be affected by the installation, the carrier must install the subscriber connection under the subscriber’s land.

(2) If the subscriber refuses to accept the carrier’s quote, or does not accept the quote in writing within 10 business days after being given the quote, the carrier is not required to install the connection under the subscriber’s land.

3.30 Aerial or underground installation: third party’s land

(1) If the subscriber accepts the carrier’s quote for all land that would be affected by the installation, the carrier must install the subscriber connection under each third party’s land.

(2) If a third party accepts the carrier’s quote for installation under the third party’s land, the carrier must install the connection under the third party’s land.

(3) If the third party agrees to aerial cabling for the third party’s land, the carrier is not required to install the connection under the land.

(4) If subsection (1) does not apply, and the third party refuses to accept the carrier’s quote, or does not accept the carrier’s quote in writing within 10 business days after being given the quote, the carrier is not required to install the connection under the third party’s land.

Part 6

Director of National Parks and Environment Secretary

Part 6 Director of National Parks and Environment Secretary

3.31 Notice to Director of National Parks

(2) If a proposed subscriber connection activity of a carrier is likely to be undertaken in, or have an effect on, any of the areas for which the Director is responsible, the carrier must notify the Director in writing of the activity.

3.32 Notice to Environment Secretary

(1) Before engaging in a subscriber connection activity, a carrier must take all reasonable steps to find out whether the carrier would be required to notify the Environment Secretary of the activity under this section.

(2) However, the carrier and the Environment Secretary may agree, in writing, on how the carrier is to find out whether the carrier would be required to notify the Environment Secretary.

(3) A carrier must notify the Environment Secretary, in writing, of a proposed subscriber connection activity, at least 10 business days before the start of the activity, if subsection (4), (5) or (6) applies to the activity.

(f) could damage the whole or a part of a place, or an ecological community, essential to the continuing existence of a threatened species of flora or fauna; or

(j) could have a significant impact on the value of the National Heritage List place or a World Heritage List property; or.

(5) The carrier must notify the Environment Secretary if the carrier proposes to engage in the activity at any of the following places:

(a) a declared Heritage Property (as defined in the Environment Protection and Biodiversity Conservation Act 1999);

(c) an area that, under a law of the Commonwealth, is reserved wholly or principally for nature conservation purposes (however described);

(a) a carrier must notify the Environment Secretary of a proposed subscriber connection activity; and

(c) the carrier has an agreement with the Director under section 3.30 or 3.31 for alternative notification arrangements; and

(a) tell the Secretary, when notifying the Secretary, that the carrier has the agreement with the Director; and

3.33 Notification agreements

(1) A carrier must give a copy of each agreement entered into by the carrier under sections 3.30 to 3.32 to the ACMA within 30 business days after entering into the agreement.

3.34 Interim notice stopping subscriber connection activity

(1) The Environment Secretary may give a carrier a notice requiring the carrier not to engage, or continue to engage, in a subscriber connection activity.

(2) The notice must invite the carrier to give the Secretary information that will help the Secretary to consider the form of the final notice under section 3.36.

3.35 Final notice

(1) This section applies if the Environment Secretary has given a carrier a notice under section 3.34 about a subscriber connection activity.

(c) revoking the original notice, but imposing conditions about how the carrier should engage, or continue to engage, in the activity.

(b) the impact of the activity on the carrier, and on customers of the carrier who would be directly affected by the decision.

Part 7

General notification arrangements

Part 7 General notification arrangements

Simplified outline of Part 7This Part sets out rules for notifying owners and occupiers of land about a subscriber connection activity.The effect of this Part is that the carrier must notify owners and occupiers about subscriber connection activities in accordance with the Act and this Code.

3.36 Purpose of Part 7

(2) Clause 54 of Schedule 3 to the Act sets out arrangements for a carrier to serve notice on an owner or occupier of land if the owner or occupier cannot be found after diligent inquiry.

(3) Division 2 sets out, in simplified form, the notification requirements of clauses 17 and 54 of Schedule 3 as they apply to subscriber connection activities.

(4) Division 3 sets out additional arrangements for notification.

3.37 Application of Division 3 of Part 7

(1) Division 3 of this Part does not apply to a subscriber connection activity if the carrier engages in it as a response to a disaster declaration.

(2) Division 3 of this Part does not apply to a subscriber connection activity if the carrier engages in it in other circumstances in which the safety of life or property is endangered.

(3) Division 3 of this Part does not apply to a subscriber connection activity if the owner or occupier of the land has asked the carrier to engage in it as part of the installation of a facility.

(4) Division 3 of this Part does not apply to a subscriber connection activity to the extent that the activity involves a public street, nature strip or other public land in proximity to:

(a) the land to which it is reasonably necessary for a carrier to have access in order to install the subscriber connection (the relevant land); and

(b) the point at which the connection meets the telecommunications network (whether that point is above, on or below the surface of the land) (the network point).

(5) Divisions 2 and 3 of this Part do not apply to a subscriber connection activity to the extent that the activity involves public land between the relevant land and the network point.

Note This Division is provided for information only: see subsection 3.1 (2). The provisions of the Act should be consulted to decide rights and obligations.

3.38 Notice to owner and occupier of land

(1) Before engaging in a subscriber connection activity, a carrier must give written notice of its intention to do so to:

View image in the official source (3) The notice must also contain a statement to the effect that, if a person suffers financial loss or damage in relation to property because of anything done by the carrier in engaging in the activity, compensation may be payable under clause 42 of Schedule 3 to the Act.

(5) However, the carrier is not required to give the notice in circumstances mentioned in subclauses 17 (5) to (7) of Schedule 3 to the Act.

3.39 Serving notices if owner unknown

3.40 Serving notices if occupier unknown

(2) If a carrier is unable, after diligent inquiry, to find out whether particular land is occupied, or who occupies particular land, the carrier may treat the land as unoccupied.

3.41 Notice to owner and occupier of land: additional requirements

A carrier must include in a notice mentioned in section 3.39 details of the actions that the carrier expects to take, as part of the subscriber connection activity, on land affected by the activity.

3.42 Agreement on alternative notification arrangements

(1) A carrier may agree in writing with an owner or occupier of land affected by a subscriber connection activity for alternative notification arrangements.

3.43 Additional arrangements for serving notices

(1) If a carrier serves a notice under section 3.39 or 3.40, the carrier must, if practicable after engaging in the subscriber connection activity, attach to a conspicuous part of the land a copy of another notice that:

Chapter 4 Low-impact facilities

Simplified outline of Chapter 4Division 3 of Schedule 3 to the Telecommunications Act 1997 authorises a carrier to enter on land and install facilities, including low-impact facilities.Low-impact facilities are specified in the Telecommunications (Low-impact Facilities) Determination 2018.This Chapter sets out conditions to be complied with by a carrier in installing a low-impact facility.The Chapter has 5 Parts.The Parts deal with the following matters: Part 1 — introduction Part 2 — conditions in the Act for carrier conduct Part 3 — additional carrier conditions Part 4 — Director of National Parks and Environment Secretary Part 5 — general notification requirements and objections to low-impact facility activities.

4.1 Purpose of Chapter 4

(1) If a carrier engages, or proposes to engage, in a low-impact facility activity, the carrier must comply with:

(2) Part 2 and Division 2 of Part 5 set out some of the carrier conditions in the Act, in simplified form, to assist the reader of the Code.

4.2 Low-impact facility activity

A low-impact facility activity of a carrier is any of the following activities of the carrier:

(a) installing a low-impact facility;

(b) carrying out an activity for purposes in connection with the installation of a low-impact facility.

Note Low-impact facilities are specified in the Telecommunications (Low-impact Facilities) Determination 2018.

Note on definitionsA number of words and expressions used in this Chapter are to be found in the dictionary in the Schedule, including: ACMA (the Australian Communications and Media Authority) carrier Director of National Parks environment Environment Secretary industry standard installation listed international agreement low-impact facility Telecommunications Industry Ombudsman.

Note Part 2 is provided for information only: see subsection 4.1 (2). The provisions of the Act should be consulted to decide rights and obligations.

4.3 Carrier to do as little damage as practicable

In engaging in a low-impact facility activity, a carrier must take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as is practicable.

4.3A Carrier to remove temporary facilities

(b) the installation is to minimise disruption to the supply of a carriage service that might result from the maintenance of another facility;

the carrier must remove the facility within 28 days after the completion of the maintenance.

Note See Items 1, 2 and 8 of Part 6A of the Schedule to the LIFD.

(2) If:

(b) the installation is to minimise disruption to the supply of a carriage service that might result from carrying out the replacement of another facility;

the carrier must remove the facility within 28 days after the completion of the replacement.

Note See Items 3, 4 and 8 of Part 6A of the Schedule to the LIFD.

(3) If:

(b) the installation is for the purpose of providing additional capacity to supply carriage services to persons who are attending an event at a venue;

the carrier must remove the facility within 28 days after the end of the event.

Note See Items 5 and 8 of Part 6A of the Schedule to the LIFD.

(4) If:

(b) the installation is for the purpose of providing additional capacity to supply carriage services to persons who are attending any or all of 2 or more events at a venue;

the carrier must remove the facility within 28 days after the end of the last of the events.

Note See Items 6 and 8 of Part 6A of the Schedule to the LIFD.

(5) If:

(b) the installation is for the purpose of providing additional capacity to supply carriage services to persons who are physically present in a particular area during a high-demand holiday period;

the carrier must remove the facility within 28 days after the end of the high-demand holiday period.

Note 1 The term ‘high-demand holiday period’ has the same meaning as in clause 2 of Schedule 3 to the Act.

Note 2 See Items 7 and 8 of Part 6A of the Schedule to the LIFD.

(6) If:

(b) the installation is wholly or partly to provide capacity to supply carriage services to one or more emergency services organisations so that those organisations can deal with an emergency or natural disaster;

the carrier must remove the facility within 28 days after the facility ceases to be needed to provide capacity to supply carriage services to one or more emergency services organisations so that those organisations can deal with an emergency or natural disaster.

Note 1 The term ‘emergency services organisation’ is defined in section 1.5 of the LIFD.

Note 2 See Item 2 of Part 7 of the Schedule to the LIFD.

4.4 Carrier to restore land—general

(1) If a carrier engages in a low-impact facility activity in relation to any land, the carrier must take all reasonable steps to ensure that the land is restored to a condition similar to its condition before the activity began.

(2) The carrier must take all reasonable steps to ensure that the restoration starts within 10 business days after the completion of the low-impact activity.

4.4A Carrier to restore land—removal of temporary facilities

(1) If a carrier engages in a low-impact facility activity:

(a) the activity involves the installation of a low‑impact facility for any of the following purposes:

(i) to minimise disruption to the supply of a carriage service that might result from carrying out the maintenance of another facility;
(ii) to minimise disruption to the supply of a carriage service that might result from carrying out the replacement of another facility;
(iii) to provide additional capacity to supply carriage services to persons who are attending an event at a venue;
(iv) to provide additional capacity to supply carriage services to persons who are attending any or all of 2 or more events at a venue;
(v) to provide additional capacity to supply carriage services to persons who are physically present in a particular area during a high-demand holiday period;
(vi) to provide capacity to supply carriage services to one or more emergency service organisations so that those organisations can deal with an emergency or natural disaster; and
(vii) the carrier removes the facility;

the carrier must take all reasonable steps to ensure:

(b) that the land is restored to a condition that is similar to its condition before the installation began; and

Note See Items 1–8 of Part 6A and Item 2 of Part 7 of the Schedule to the LIFD.

(2) The timeframe in subparagraph 4.4A(1)(c) does not apply if the carrier agrees with:

(b) if the land is occupied by a person other than the owner—the occupier;

to commence restoration at a time after the end of that period of 10

business days.

4.4B Temporary facility installed at or near a venue—annual limit

(a) a carrier installs one or more low-impact facilities at a particular place; and

(b) the installation is to provide additional capacity to supply carriage services to persons who are:

(i) attending an event at a venue; or
(ii) attending any or all of 2 or more events at a venue;

the carrier must ensure that the total number of days in a calendar year on which those facilities remain at that place does not exceed 183.

Note 1 The annual limit relates to the time the facility remains situated on the particular land, not the number of days of the particular event.

Note 2 See Items 5, 6 and 8 of Part 6A to the Schedule of the LIFD.

4.4C Temporary facility installed to provide additional capacity during a high-demand holiday period—annual limit

(a) a carrier installs one or more low-impact facilities at a particular place; and

(b) the installation is to provide additional capacity to supply carriage services to persons who are physically present in a particular area during a high-demand holiday period;

the carrier must ensure that the total number of days in a calendar year on which those facilities remain at that place does not exceed 90.

Note 1 The annual limit relates to the time the facility remains situated on the particular land, not the number of days comprising the high-demand holiday period.

Note 2 See Items 7 and 8 of Part 6A of the Schedule to the LIFD.

4.5 Management of activities

A carrier must, in connection with carrying out a low-impact facility activity, take all reasonable steps:

4.6 Agreements with public utilities

(1) If a low-impact facility activity of a carrier is likely to affect the operations of a public utility, the carrier must make reasonable efforts to enter into an agreement with the utility that makes provision for the manner in which the carrier will engage in the activity.

4.7 Compliance with industry standards

A carrier must engage in a low-impact facility activity in accordance with any standard that:

Note:  Australian Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields – 3kHz to 300GHz (RPS3); and

Note 3 Copies of ACMA-recognised standards are available at https://www.acma.gov.au/register-telco-industry-codes-and-standards

4.8 Compliance with listed international agreements

A carrier must engage in a low-impact facility activity in a manner consistent with Australia’s obligations under a listed international agreement relevant to the activity.

4.9 Notice to roads authorities, utilities etc

(1) Before engaging in an activity mentioned in subclause 19 (1) of Schedule 3 to the Act as part of a low-impact facility activity, a carrier must give written notice of its intention to do so to the person or authority responsible for the care and management of the thing affected by the activity.

(2) However, the carrier is not required to give the notice in a circumstance mentioned in subclauses 19 (2) and (3) of Schedule 3 to the Act.

4.10 Records for certain facilities

(1) If a carrier owns or operates designated overhead lines, the carrier must keep and maintain records of the kind and location of the lines.

(2) If a carrier owns or operates telecommunications transmission towers (other than facilities mentioned in subsection 4.10(4) or (5) below), the carrier must keep and maintain records of the kind and location of the towers.

(4) If a carrier owns or operates temporary facilities that are installed:

(a) for any of the following purposes:

(i) to minimise disruption to the supply of a carriage service that might result from carrying out the maintenance of another facility;
(ii) to minimise disruption to the supply of a carriage service that might result from carrying out the replacement of another facility;
(iii) to provide additional capacity to supply carriage services to persons who are physically present in a particular area during a high-demand holiday period;
(iv) wholly or partly to provide capacity to supply carriage services to one or more emergency services organisations so that those organisations can deal with an emergency or natural disaster;

the carrier must keep and maintain records of:

(b) each kind of temporary facility;

(d) the day on which the temporary facility was installed;

(e) the location where the temporary facility was installed;

(f) the circumstances which gave rise to the requirement for the temporary facility to be installed;

(g) the day on which the temporary facility was removed;

(h) where the temporary facility includes a tower—the height of the facility; and

(i) where the temporary facility is not a tower, the height and length of the facility.

Note 1 See Items 1, 2, 3, 4, 7 and 8 of Part 6A of the Schedule to the LIFD.

(5) If a carrier owns or operates temporary facilities that are installed for the purpose of providing additional capacity to supply carriage services to persons who are attending one or more events at a venue, the carrier must keep and maintain records of:

(a) each of the matters described in paragraphs 4.10(4)(b)-(i) above;

(b) the start time and date of the particular event or events;

(d) the name and location of the particular venue where the event or events will be held.

Note 1 See Act, Schedule 1, clause 41, which defines the terms designated overhead line, telecommunications transmission tower and eligible underground facility.

Note 2 See Items 5, 6 and 8 of Part 6A of the Schedule to the LIFD.

4.11 Best practice

(1) In engaging in a low-impact facility activity, a carrier must ensure that the design, planning and installation of facilities (the carrier’s facilities) is in accordance with best practice.

4.12 Noise

(1) In engaging in a low-impact facility activity at any time between 10 pm and 7 am, a carrier must not make noise at a level greater than the level of noise allowed to be made at that time under State or Territory law applying to similar activities carried out by a person other than a carrier.

4.13 Co-location

(1) Before engaging in a low-impact facility activity, a carrier must take all reasonable steps to find out whether any of the following things (existing facilities) is available for the activity:

(a) cabling, conduits or other facilities of the carrier or another carrier; or

(b) a facility of a public utility; or

(2) The carrier must take all reasonable steps to use existing facilities for the activity.

4.14 Cooperation about activities

Before engaging in a low-impact facility activity, a carrier (the first carrier) must take all reasonable steps:

(a) to find out whether another carrier, or a public utility, is engaging in, or proposing to engage in, a similar activity for the same land; and

(b) to consider whether it is practicable to work with the other carrier or the utility to allow the first carrier:

(i) to cause as little detriment and inconvenience as is practicable; and

(ii) to do as little damage as is practicable.

Note The carrier is required to take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as practicable in engaging in the activity: see Act, Schedule 3, clause 8.

4.15 Compliance with standards and codes

A carrier must engage in a low-impact facility activity in accordance with any standard or code under Part 6 of the Act applying to the activity.

Note Section 4.15 complements section 4.7, which deals with complying with standards to reduce a risk to the safety of the public.

4.16 Notice to Director of National Parks

(2) If a proposed low-impact facility activity of a carrier is likely to be undertaken in, or have an effect on, any of the areas for which the Director is responsible, the carrier must notify the Director in writing of the activity.

4.17 Notice to Environment Secretary

(1) Before engaging in a low-impact facility activity, a carrier must take all reasonable steps to find out whether the carrier would be required to notify the Environment Secretary of the activity under this section.

(2) However, the carrier and the Environment Secretary may agree, in writing, on how the carrier is to find out whether the carrier would be required to notify the Environment Secretary.

(3) The carrier must notify the Environment Secretary, in writing, of a proposed low-impact facility activity, at least 10 business days before the start of the activity, if subsection (4), (5) or (6) applies to the activity.

(f) could damage the whole or a part of a place, or an ecological community, essential to the continuing existence of a threatened species of flora or fauna; or

(j) could have a significant impact on the value of the National Heritage List place or a World Heritage List property.

(5) The carrier must notify the Environment Secretary if the carrier proposes to engage in the activity at any of the following places:

(a) a declared World Heritage property (as identified in the Environment Protection and Biodiversity Conservation Act 1999);;

(c) an area that, under a law of the Commonwealth, is reserved wholly or principally for nature conservation purposes (however described);

(a) a carrier must notify the Environment Secretary of a proposed
low-impact facility activity; and

(a) tell the Secretary, when notifying the Secretary, that the carrier has the agreement with the Director ; and

4.18 Notification agreements

(1) A carrier must give a copy of each agreement entered into by the carrier under sections 4.16 and 4.17 to the ACMA within 30 business days after entering into the agreement.

4.19 Interim notice stopping low-impact facility activity

(1) The Environment Secretary may give a carrier a notice requiring the carrier not to engage, or continue to engage, in a low-impact facility activity.

(2) The notice must invite the carrier to give the Secretary information that will help the Secretary to consider the form of the final notice under section 4.20.

4.20 Final notice

(1) This section applies if the Environment Secretary has given a carrier a notice under section 4.19 about a low-impact facility activity.

(c) revoking the original notice, but imposing conditions about how the carrier should engage, or continue to engage, in the activity.

(b) the impact of the activity on the carrier, and on customers of the carrier who would be directly affected by the decision.

Part 5 General notification arrangements and objections to low-impact facility activities

Simplified outline of Part 5This Part sets out rules for notifying owners and occupiers of land about a low-impact facility activity. It also sets out rules for the owners and occupiers to object to the activity.The effect of this Part is that: The carrier must notify owners and occupiers about low-impact facility activities in accordance with the Act and this Code An owner or occupier has an opportunity to object to the activity The carrier must try to resolve the objection by agreement If there is no agreement, the objection can be referred to the Telecommunications Industry Ombudsman.

4.21 Purpose of Part 5

(2) Clause 54 of Schedule 3 to the Act sets out arrangements for a carrier to serve notice on an owner or occupier of land if the owner or occupier cannot be found after diligent inquiry.

(3) Division 2 sets out, in simplified form, the notification requirements of clauses 17 and 54 of Schedule 3 as they apply to low-impact facility activities.

(4) Divisions 3 to 5 set out additional arrangements for notification, and arrangements for the owner or occupier to object to the activity.

4.22 Application of Part 5

(1) Divisions 3, 4 and 5 of this Part do not apply to a low-impact facility activity if the carrier engages in it as a response to a disaster declaration.

(2) Divisions 3, 4 and 5 of this Part do not apply to a low-impact facility activity if the carrier engages in it in other circumstances in which the safety of life or property is endangered.

(3) Divisions 3, 4 and 5 of this Part do not apply to a low-impact facility activity if the owner or occupier of the land has asked the carrier to engage in the activity as part of the installation of another facility.

(4) For this Part, the occupier of public land is:

(a) the person authorised to occupy the land; or

(b) if no person is authorised — the authority, Department or person responsible for the care and management of the land.

Note Several of the sections in this Division are provided for information only. The provisions of the Act should be consulted to decide rights and obligations.

4.23 Notice to owner and occupier of land

(1) Before engaging in a low-impact facility activity, a carrier must give written notice of its intention to do so to:

(3A) Where the low-impact facility activity relates to installing a temporary facility, the notice must also specify:

(a) in all circumstances:

(i) the particular purpose for which the installation is proposed;
(ii) where the temporary facility includes a tower—the height of the tower;
(iii) the physical address at which the temporary facility will be installed;
(iv) the day on which the temporary facility is planned to be installed;
(v) the day on which the temporary facility is planned to be removed; and

(b) in a circumstance where the installation of the temporary facility is to provide additional capacity to supply carriage services to persons who are attending one or more events at a venue:

(i) the matters listed in subparagraphs (a)(i)-(v) above;
(ii) the physical address of each venue; and
(iii) the days on which each event will take place, including the scheduled start and end time.

Note 1 Where a temporary facility is to be installed to provide additional capacity to supply carriage services to persons who are attending any or all of 2 or more events at a venue, the carrier may provide one notification covering all events at the venue.

Note 2 Where the time limit in any one calendar year has been expended in respect of the location of a temporary facility on a particular parcel of land, that land cannot be used by the carrier for the remainder of that calendar year for siting of another temporary facility of the same kind for the same purpose on any part of that land.

Note 3 For paragraph 4.23(3A)(a), see Items 1– 4 , 7 and 8 of Part 6A of the Schedule to the LIFD.

Note 4 For paragraph 4.23(3A)(b), see Items 5, 6 and 8 of Part 6A of the Schedule to the LIFD.

(5) However, the carrier is not required to give the notice in circumstances mentioned in subclauses 17 (5) to (8) of Schedule 3 to the Act.

4.24 Serving notices if owner unknown

4.25 Serving notices if occupier unknown

(2) If a carrier is unable, after diligent inquiry, to find out whether particular land is occupied, or who occupies particular land, the carrier may treat the land as unoccupied.

4.26 Notice to owner and occupier of land: additional requirements

(1) A carrier must include in a notice mentioned in section 4.23:

(a) details of the actions that the carrier expects to take, as part of the low-impact facility activity, on land affected by the activity; and

(2) If the Telecommunications Industry Ombudsman has issued a document setting out how the carrier is to explain the arrangements for making objections to the activity, the carrier must comply with the document.

4.27 Agreement on alternative notification arrangements

(1) A carrier may agree in writing with an owner or occupier of land affected by a low-impact facility activity for alternative notification arrangements.

(2) A carrier may agree in writing with the manager of public land affected by a low-impact facility activity for alternative notification arrangements.

(3) The carrier must comply with an agreement.

(4) The carrier must give a copy of an agreement with the manager of public land to the ACMA within 30 business days after making the agreement.

4.28 Additional arrangements for serving notices

(1) If a carrier serves a notice under section 4.24 or 4.25, the carrier must, if practicable after engaging in the low-impact facility activity, attach to a conspicuous part of the land a copy of another notice that:

(b) describes the low-impact facility activity.

4.29 Objection to low-impact facility activity

(1) If a carrier gives notice to an owner or occupier of land of its intention to engage in a low-impact facility activity, the owner or occupier (the objector) may give the carrier a written objection to the activity.

4.30 Reasons for objection

(e) the carrier’s proposals to minimise detriment and inconvenience, and to do as little damage as practicable, to the objector’s land.

Note The carrier is required to take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as practicable in engaging in the activity: see Act, Schedule 3, clause 8.

4.31 Time for giving objection to carrier

The objection must be given to the carrier at least 5 business days before the carrier proposes to engage in the low-impact facility activity.

4.32 Activity after objection

If the objection complies with sections 4.29 to 4.31, the carrier must not engage in the low-impact facility activity unless 1 of the following situations happens:

Situation 2 A request to refer the objection to the Telecommunications Industry Ombudsman is not received by the carrier within the 5 business days mentioned in section 4.36.

Situation 3 The Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome.

4.33 Consultation

(1) The carrier must make reasonable efforts to consult the objector about the objection within 5 business days after receiving the objection.

(2) The carrier must also make reasonable efforts to resolve the objection by agreement with the objector within 20 business days after receiving the objection.

Note An agreement with the objector allows the carrier to engage in the low-impact facility activity: see s 4.32, situation 1.

4.34 Changes to low-impact facility activity

(1) If the objection is not resolved by agreement within 20 business days after receiving the objection, the carrier must consider whether to change the low-impact facility activity.

(c) is likely to have a greater adverse effect on the environment than engaging in the activity as originally proposed; or

(b) if the carrier does not propose to change the activity — why the carrier will engage in the activity as originally proposed.

4.35 Application of Division 5

4.36 Request to refer objection to Telecommunications Industry Ombudsman

(1) Within 5 business days after the objector receives the carrier’s response to the objection, the objector may ask the carrier, in writing, to refer the objection to the Telecommunications Industry Ombudsman.

Note If the objector does not ask the carrier to refer the objection, the carrier may engage in the low-impact facility activity: see s 4.32, situation 2.

4.37 Compliance with directions of Telecommunications Industry Ombudsman

(1) Subject to this section, if the Telecommunications Industry Ombudsman gives a direction to the carrier about the way in which the carrier should engage in the low-impact facility activity, the carrier must comply with the direction.

(2) This section applies only if the objection which is the subject of the direction comes, in whole or in part, within the jurisdiction of the Telecommunications Industry Ombudsman.

Note 1 If the Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome, the carrier may engage in the land entry activity: see s 4.32, situation 3.

View image in the official sourceChapter 5 Temporary defence facilities

Simplified outline of Chapter 5Division 3 of Schedule 3 to the Telecommunications Act 1997 authorises a carrier to enter on land and install facilities, including temporary defence facilities.This Chapter sets out conditions to be complied with by a carrier in installing a temporary defence facility.The Chapter has 4 Parts.The Parts deal with the following matters: Part 1 — introduction Part 2 — conditions in the Act for carrier conduct Part 3 — additional carrier condition Part 4 — Director of National Parks and Environment Secretary Part 5 — general notification arrangements.

5.1 Purpose of Chapter 5

(1) If a carrier engages, or proposes to engage, in a temporary defence facility activity, the carrier must comply with:

(2) Part 2 and Division 2 of Part 5 set out some of the carrier conditions in the Act, in simplified form, to assist the reader of the Code.

(3) Part 3 and the other Divisions of Part 5 set out the Code conditions.

5.2 Temporary defence facility activity

A temporary defence facility activity of a carrier is any of the following activities of the carrier:

(a) installing a temporary defence facility;

(b) carrying out an activity for purposes in connection with the installation of a temporary defence facility.

Note on definitionsA number of words and expressions used in this Chapter are to be found in the dictionary in the Schedule, including: ACMA (the Australian Communications and Media Authority) carrier Director of National Parks environment Environment Secretary industry standard installation listed international agreement temporary defence facility.

Note Part 2 is provided for information only: see subsection 5.1 (2). The provisions of the Act should be consulted to decide rights and obligations

5.3 Carrier to do as little damage as practicable

In engaging in a temporary defence facility activity, a carrier must take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as is practicable.

5.4 Carrier to restore land

(1) If a carrier engages in a temporary defence facility activity in relation to any land, the carrier must take all reasonable steps to ensure that the land is restored to a condition similar to its condition before the activity began.

(2) The carrier must take all reasonable steps to ensure that the restoration starts within 10 business days after the completion of the defence facility activity.

5.5 Management of activities

A carrier must, in connection with carrying out a temporary defence facility activity, take all reasonable steps:

5.6 Agreements with public utilities

(1) If a temporary defence facility activity of a carrier is likely to affect the operations of a public utility, the carrier must make reasonable efforts to enter into an agreement with the utility that makes provision for the manner in which the carrier will engage in the activity.

5.7 Compliance with industry standards

A carrier must engage in a temporary defence facility activity in accordance with any standard that:

View image in the official source (c) is likely to reduce a risk to the safety of the public if the carrier complies with the standard.

Note:  Australian Standard AS 2772.1 (1990) Radiofrequency Radiation (Part 1): Maximum Exposure Level-100kHz-300GHz;

Note 3 Copies of ACMA-recognised standards are available at: https://www.acma.gov.au/register-telco-industry-codes-and-standards

5.8 Compliance with listed international agreements

View image in the official source View image in the official source A carrier must engage in a temporary defence facility activity in a manner consistent with Australia’s obligations under a listed international agreement relevant to the activity.

5.9 Notice to roads authorities, utilities etc

(1) Before engaging in an activity mentioned in subclause 19 (1) of Schedule 3 to the Act as part of a temporary defence facility activity, a carrier must give written notice of its intention to do so to the person or authority responsible for the care and management of the thing affected by the activity.

(2) However, the carrier is not required to give the notice in a circumstance mentioned in subclauses 19 (2) and (3) of Schedule 3 to the Act.

5.10 Records for certain facilities

(1) If a carrier owns or operates designated overhead lines, the carrier must keep and maintain records of the kind and location of the lines.

(2) If a carrier owns or operates telecommunications transmission towers, the carrier must keep and maintain records of the kind and location of the towers.

Note See Act, Schedule 1, clause 41, which defines the terms designated overhead line, telecommunications transmission tower and eligible underground facility.

Part 3 Additional carrier condition

5.11 Requirements of defence agencies

A carrier must engage in a temporary defence facility activity in accordance with any standard or other requirement that:

(b) is notified to the carrier, in writing, by:

(i) the Chief of the Defence Force; or

(ii) the Secretary to the Department of Defence.

5.12 Notice to Director of National Parks

(2) If a proposed temporary defence facility activity of a carrier is likely to be undertaken in, or have an effect on, any of the areas for which the Director is responsible, the carrier must notify the Director in writing of the activity before starting the activity, if practicable.

Part 5 General notification arrangements

5.13 Purpose of Part 5

(2) Clause 54 of Schedule 3 to the Act sets out arrangements for a carrier to serve notice on an owner or occupier of land if the owner or occupier cannot be found after diligent inquiry.

(3) Division 2 sets out, in simplified form, the notification requirements of clauses 17 and 54 of Schedule 3 as they apply to temporary defence facility activities.

(4) Division 3 sets out additional arrangements for notification.

Note This Division is provided for information only: see subsection 5.1 (2). The provisions of the Act should be consulted to decide rights and obligations.

5.14 Notice to owner and occupier of land

(1) Before engaging in a temporary defence facility activity, a carrier must give written notice of its intention to do so to:

(5) However, the carrier is not required to give the notice in circumstances mentioned in subclauses 17 (5) to (7) of Schedule 3 to the Act.

5.15 Serving notices if owner unknown

5.16 Serving notices if occupier unknown

(2) If a carrier is unable, after diligent inquiry, to find out whether particular land is occupied, or who occupies particular land, the carrier may treat the land as unoccupied.

5.17 Agreement on alternative notification arrangements

(1) A carrier may agree in writing with an owner or occupier of land affected by a temporary defence facility activity for alternative notification arrangements.

(2) The carrier must give a copy of an agreement to the ACMA before acting under the agreement.

(3) The carrier must comply with an agreement.

5.18 Additional arrangements for serving notices

(1) If a carrier serves a notice under section 5.16 or 5.17, the carrier must, if practicable after engaging in the temporary defence facility activity, attach to a conspicuous part of the land a copy of another notice that:

Chapter 6 Maintenance of facilities

Simplified outline of Chapter 6Under Division 4 of Schedule 3 to the Telecommunications Act 1997, a carrier may maintain a facility at any time.The carrier may do anything necessary or desirable for that purpose, including: entering on, and occupying, land; and removing, or erecting a gate in, a fence.This Chapter sets out conditions to be complied with by a carrier in maintaining a facility.The Chapter has 5 Parts.The Parts deal with the following matters: Part 1 — introduction Part 2 — conditions in the Act for carrier conduct Part 3 — additional carrier conditions Part 4 — Director of National Parks and Environment Secretary Part 5 — general notification arrangements and objections to maintenance activities.

6.1 Purpose of Chapter 6

(1) If a carrier engages, or proposes to engage, in a maintenance activity, the carrier must comply with:

(2) Part 2 and Division 2 of Part 5 set out some of the carrier conditions in the Act, in simplified form, to assist the reader of the Code.

6.2 Maintenance activity

A maintenance activity of a carrier is any of the following activities of the carrier:

(a) maintaining a facility;

(b) carrying out an activity for purposes in connection with the maintenance of a facility.

Note 1 The term ‘maintenance’ is defined in the Dictionary.

Note 2 The maintenance of a facility includes a reference to the installation of a temporary facility (other than a tower within the meaning of subclause 6(5) of Schedule 3 to the Act) where certain conditions are satisfied; see subclause 7(3A) of Schedule 3 to the Act.

Note on definitionsA number of words and expressions used in this Chapter are to be found in the dictionary in the Schedule, including: ACMA (the Australian Communications and Media Authority) carrier environment Director of National Parks Environment Secretary industry standard installation listed international agreement Telecommunications Industry Ombudsman.

Note Part 2 is provided for information only: see subsection 6.1 (2). The provisions of the Act should be consulted to decide rights and obligations.

6.3 Carrier to do as little damage as practicable

In engaging in a maintenance activity, a carrier must take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as is practicable.

6.3A Carrier to remove temporary facilities within 28 days

If a carrier engages in a maintenance activity in relation to any land and, as part of that maintenance:

(a) the carrier installs a low‑impact facility on particular land; and

(b) the installation of the facility is for one of the following purposes:

(i) to minimise disruption to the supply of a carriage service that might result from the maintenance of another facility; or
(ii) to minimise disruption to the supply of a carriage service that might result from carrying out the replacement of another facility;

the carrier must remove the facility within 28 days after the completion of the maintenance of the original facility.

6.4 Carrier to restore land—general

(1) If a carrier engages in a maintenance activity in relation to any land, the carrier must take all reasonable steps to ensure that the land is restored to a condition similar to its condition before the activity began.

(2) The carrier must take all reasonable steps to ensure that the restoration starts within 10 business days after the completion of the maintenance activity.

6.4A Carrier to restore land—removal of temporary facilities

(1) If a carrier engages in a maintenance activity in relation to any land and, as part of that maintenance:

(a) the carrier installs a low‑impact facility on particular land; and

(b) the installation of the facility is on a temporary basis for one of the following purposes:

(i) to minimise disruption to the supply of a carriage service that might result from the maintenance of another facility; or
(ii) to minimise disruption to the supply of a carriage service that might result from carrying out the replacement of another facility;

the carrier must take all reasonable steps to ensure:

(d) that the land is restored to a condition that is similar to its condition before the installation began; and

(e) that the restoration begins within 10 business days after the removal of the facility.

(2) The timeframe in subsection 6.4A(1)(e) does not apply if the carrier agrees with:

(b) if the land is occupied by a person other than the owner—the occupier;

to commence restoration at a time after the end of that period of 10 business days.

6.5 Management of activities

A carrier must, in connection with carrying out a maintenance activity, take all reasonable steps:

6.6 Agreements with public utilities

(1) If a maintenance activity of a carrier is likely to affect the operations of a public utility, the carrier must make reasonable efforts to enter into an agreement with the utility that makes provision for the manner in which the carrier will engage in the activity.

6.7 Compliance with industry standards

A carrier must engage in a maintenance activity in accordance with any standard that:

Note:  Australian Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields - 3kHz to 300GHz (RPS3);

Note 3 Copies of ACMA-recognised standards are available at https://www.acma.gov.au/register-telco-industry-codes-and-standards

6.8 Compliance with listed international agreements

A carrier must engage in a maintenance activity in a manner consistent with Australia’s obligations under a listed international agreement relevant to the activity.

6.9 Notice to roads authorities, utilities etc

(1) Before engaging in an activity mentioned in subclause 19 (1) of Schedule 3 to the Act as part of a maintenance activity, a carrier must give written notice of its intention to do so to the person or authority responsible for the care and management of the thing affected by the activity.

Note The activities mentioned in subclause 19 (1) of Schedule 3 to the Act are:

(2) However, the carrier is not required to give the notice in a circumstance mentioned in subclauses 19 (2) and (3) of Schedule 3 to the Act.

6.10 Records for certain facilities

(1) If a carrier owns or operates designated overhead lines, the carrier must keep and maintain records of the kind and location of the lines.

(2) If a carrier owns or operates telecommunications transmission towers (other than temporary facilities mentioned in subsection 6.10(4) or (5) below), the carrier must keep and maintain records of the kind and location of the towers.

Note See Act, Schedule 1, clause 41, which defines the terms designated overhead line, telecommunications transmission tower and eligible underground facility.

(4) If a carrier owns or operates temporary facilities that are installed to minimise disruption to the supply of a carriage service that might result from the maintenance of another facility, the carrier must keep and maintain records of:

(a) the kind of temporary facility and height;

(b) the location where the temporary facility was installed;

(d) the purpose for which the temporary facility was installed, including:

(i) details of the other facility (including height and type) that is the subject of maintenance activity;
(ii) the day on which maintenance of the other facility commenced; and
(iii) the day on which maintenance of the other facility ceased; and
(iv) the day on which each temporary facility was removed.

(5) If a carrier owns or operates temporary facilities that are installed to minimise disruption to the supply of a carriage service that might result from carrying out the replacement of another facility, the carrier must keep and maintain records of:

(a) the kind of temporary facility and height;

(b) the location where the temporary facility was installed;

(d) the purpose for which the temporary facility was installed, including:

(i) details of the other facility (including height and type) that is being replaced;
(ii) the date upon on which replacement of the other facility commenced; and
(iii) the day on which replacement of the other facility ceased; and
(iv) the day on which each temporary facility was removed.

6.11 Best practice

(1) In engaging in a maintenance activity, a carrier must ensure that the design, planning and installation of facilities (the carrier’s facilities) is in accordance with best practice.

6.12 Noise

(1) In engaging in a maintenance activity at any time between 10 pm and 7 am, a carrier must not make noise at a level greater than the level of noise allowed to be made at that time under State or Territory law applying to similar activities carried out by a person other than a carrier.

6.13 Compliance with standards and codes

A carrier must engage in a maintenance activity in accordance with any standard or code under Part 6 of the Act applying to the activity.

Note Section 6.13 complements section 6.7, which deals with complying with standards to reduce a risk to the safety of the public.

Division 2 Notification requirements

6.15 Notice to Director of National Parks

(2) If a proposed maintenance activity of a carrier is likely to be undertaken in, or have an effect on, any of the areas for which the Director is responsible, the carrier must notify the Director in writing of the activity.

6.16 Notice to Environment Secretary

(1) A carrier must notify the Environment Secretary, in writing, of a proposed maintenance activity, at least 10 business days before starting the activity, if subsection (2), (3) or (4) applies to the activity.

(2) The carrier must notify the Environment Secretary if the activity:

(f) could damage the whole or a part of a place, or an ecological community, essential to the continuing existence of a threatened species of flora or fauna; or

(j) could have a significant impact on the value of the National Heritage List place or a World Heritage List property; or.

(3) The carrier must notify the Environment Secretary if the carrier proposes to engage in the activity at any of the following places:

(a) a declared World Heritage property (as identified in the Environment Protection and Biodiversity Conservation Act 1999);

(c) an area that, under a law of the Commonwealth, is reserved wholly or principally for nature conservation purposes (however described);

(4) The carrier must notify the Environment Secretary if the carrier proposes to engage in the activity at or near an area or thing of particular significance to Aboriginal persons, or Torres Strait Islanders, in accordance with their traditions.

(5) However, the carrier and the Environment Secretary may agree, in writing, for alternative notification arrangements.

(6) Subsection (7) applies if:

(a) a carrier must notify the Environment Secretary of a proposed maintenance activity; and

(7) The carrier must:

(a) tell the Secretary, when notifying the Secretary, that the carrier has the agreement with the Director; and

6.17 Notification agreements

(1) A carrier must give a copy of each agreement entered into by the carrier under sections 6.15 and 6.16 to the ACMA within 30 business days after entering into the agreement.

Division 3 Response by Environment Secretary

6.18 Interim notice stopping maintenance activity

(1) The Environment Secretary may give a carrier a notice requiring the carrier not to engage, or continue to engage, in a maintenance activity.

(2) The notice must invite the carrier to give the Secretary information that will help the Secretary to consider the form of the final notice under section 6.19.

6.19 Final notice

(1) This section applies if the Environment Secretary has given a carrier a notice under section 6.18 about a maintenance activity.

(c) revoking the original notice, but imposing conditions about how the carrier should engage, or continue to engage, in the activity.

(b) the impact of the activity on the carrier, and on customers of the carrier who would be directly affected by the decision.

Part 5 General notification arrangements and objections to maintenance activities

Simplified outline of Part 5This Part sets out rules for notifying owners and occupiers of land about a maintenance activity. It also sets out rules for the owners and occupiers to object to the activity.The effect of this Part is that: The carrier must notify owners and occupiers about maintenance activities in accordance with the Act and this Code An owner or occupier has an opportunity to object to the activity The carrier must try to resolve the objection by agreement If there is no agreement, the objection can be referred to the Telecommunications Industry Ombudsman.

6.20 Purpose of Part 5

(2) Clause 54 of Schedule 3 to the Act sets out arrangements for a carrier to serve notice on an owner or occupier of land if the owner or occupier cannot be found after diligent inquiry.

(3) Division 2 sets out, in simplified form, the notification requirements of clauses 17 and 54 of Schedule 3 as they apply to maintenance activities.

(4) Divisions 3 to 5 set out additional arrangements for notification, and arrangements for the owner or occupier to object to the activity.

6.21 Application of Divisions 3, 4 and 5 of Part 5

(1) Divisions 3, 4 and 5 of this Part do not apply to a maintenance activity if the carrier engages in it as a response to a disaster declaration.

(2) Divisions 3, 4 and 5 of this Part do not apply to a maintenance activity if the carrier engages in it in other circumstances in which the safety of life or property is endangered.

(3) Divisions 3, 4 and 5 of this Part do not apply to a maintenance activity if the owner or occupier of the land has asked the carrier to engage in the activity as part of the installation of another facility.

Note This Division is provided for information only: see subsection 6.1 (2). The provisions of the Act should be consulted to decide rights and obligations.

6.22 Notice to owner and occupier of land

(1) Before engaging in a maintenance activity, a carrier must give written notice of its intention to do so to:

(5) However, the carrier is not required to give the notice in circumstances mentioned in subclauses 17 (5) to (7) of Schedule 3 to the Act.

6.23 Serving notices if owner unknown

6.24 Serving notices if occupier unknown

(2) If a carrier is unable, after diligent inquiry, to find out whether particular land is occupied, or who occupies particular land, the carrier may treat the land as unoccupied.

6.25 Notice to owner and occupier of land: additional requirements

(1) A carrier must include in a notice mentioned in section 6.22:

(a) details of the actions that the carrier expects to take, as part of the activity, on land affected by the activity; and

6.26 Additional arrangements for serving notices

(1) If a carrier serves a notice under section 6.23 or 6.24, the carrier must, if practicable after engaging in the maintenance activity, attach to a conspicuous part of the land a copy of another notice that:

6.27 Agreement on alternative notification arrangements

(1) A carrier may agree in writing with an owner or occupier of land affected by a maintenance activity for alternative notification arrangements.

6.28 Objection to maintenance activity

(1) If a carrier gives notice to an owner or occupier of land of its intention to engage in a maintenance activity, the owner or occupier (the objector) may give the carrier a written objection to the activity.

6.29 Reasons for objection

(e) the carrier’s proposals to minimise detriment and inconvenience, and to do as little damage as practicable, to the objector’s land.

Note The carrier is required to take all reasonable steps to ensure that the carrier causes as little detriment and inconvenience, and does as little damage, as practicable in engaging in the activity: see Act, Schedule 3, clause 8.

6.30 Time for giving objection to carrier

The objection must be given to the carrier at least 5 business days before the carrier proposes to engage in the maintenance activity.

6.31 Activity after objection

If the objection complies with sections 6.28 to 6.30, the carrier may only engage in the maintenance activity if 1 of the following situations happens:

Situation 2 A request to refer the objection to the Telecommunications Industry Ombudsman is not received by the carrier within the 5 business days mentioned in section 6.35..

Situation 3 The Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome.

6.32 Consultation

(1) The carrier must make reasonable efforts to consult the objector about the objection within 5 business days after receiving the objection.

(2) The carrier must also make reasonable efforts to resolve the objection by agreement with the objector within 20 business days after receiving the objection.

Note An agreement with the objector allows the carrier to engage in the maintenance activity: see s 6.31, situation 1.

6.33 Changes to maintenance activity

(1) If the objection is not resolved by agreement within 20 business days after receiving the objection, the carrier must consider whether to change the maintenance activity.

(c) is likely to have a greater adverse effect on the environment than engaging in the activity as originally proposed; or

(b) if the carrier does not propose to change the activity — why the carrier will engage in the activity as originally proposed.

(4) If the Telecommunications Industry Ombudsman has issued a document explaining how the carrier is to deal with the objector under subsection (3), the carrier must comply with the document.

6.34 Application of Division 5

6.35 Request to refer objection to Telecommunications Industry Ombudsman

Note If the objector does not ask the carrier to refer the objection, the carrier may engage in the maintenance activity: see s 6.31, situation 2.

6.36 Compliance with directions of Telecommunications Industry Ombudsman

(1) Subject to this section, if the Telecommunications Industry Ombudsman gives a direction to the carrier about the way in which the carrier should engage in the maintenance activity, the carrier must comply with the direction.

(2) This section applies only if the objection which is the subject of the direction comes, in whole or in part, within the jurisdiction of the Telecommunications Industry Ombudsman.

Note 1 If the Telecommunications Industry Ombudsman deals with the objection without giving a direction to the carrier, and the Ombudsman informs the carrier in writing of that outcome, the carrier may engage in the land entry activity: see s 6.31, situation 3.

Note 2 If the Telecommunications Industry Ombudsman gives a direction to the carrier, the carrier may engage in the land entry activity: see s 6.31, situation 4.

Schedule Dictionary

(section 1.3)

Note Definitions marked ** are taken from section 7 of the Telecommunications Act 1997.

Note: Definitions marked * are taken from clause 2 of Schedule 3 to the Act. See subsection 1.3 (3).

* Aboriginal person means a person of the Aboriginal race of Australia.

* ACMA means the Australian Communications and Media Authority.

Act means the Telecommunications Act 1997.

aerial cabling means a cable:

(a) used, or intended for use, in or in connection with a telecommunications network; and

(b) suspended, or intended to be suspended, above the surface of:

(i) land (other than submerged land); or

(ii) a river, lake, tidal inlet, estuary, harbour or other body of water.

business day means a day that is not a Saturday, a Sunday or a public holiday in the place concerned.

* carrier means the holder of a carrier licence.

* defence organisation means:

(a) the Department of Defence; or

(b) the Australian Defence Force; or

(i) has functions corresponding to the functions of, or of a part of, the Department of Defence or the Australian Defence Force; and

(ii) is authorised by the Commonwealth to operate or train in Australia or an external Territory; or

(d) a part of such an organisation or body.

Director of National Parks means the Director of National Parks under the Environment Protection and Biodiversity Conservation Act 1999.

disaster declaration means a declaration of a disaster, emergency or similar event made by:

(a) the Commonwealth, or a State or Territory; or

(b) a Commonwealth, State or Territory authority that is responsible for managing the public response to an event of that kind.

* ecological community has the meaning given under the Environment Protection and Biodiversity Conservation Act 1999.

endangered ecological community see the Environment Protection and Biodiversity Conservation Act 1999.

* enter on land includes enter on a public place.

* environment has the same meaning as in the Environment Protecton and Biodiversity Conversation Act 1999.

* Environment Secretary means the Secretary to the Department responsible for the administration of the Environment Protection and Biodiversity Conservation Act 1999.

** facility means:

(a) any part of the infrastructure of a telecommunications network; or

(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network.

high-demand holiday period has the same meaning as in clause 2 of Schedule 3 to the Act.

industry standard means a standard generally recognised by the Australian telecommunications industry as a standard for use in the industry.

* installation, in relation to a facility, includes:

(a) the construction of the facility on, over or under any land; and

(b) the attachment of the facility to any building or other structure; and

(c) any activity that is ancillary or incidental to the installation of the facility (for this purpose, installation includes an activity covered by paragraph (a) or (b)).

* international agreement means:

(a) a convention to which Australia is a party; or

(b) an agreement or arrangement between Australia and a foreign country;

and includes, for example, an agreement, arrangement or understanding between a Minister and an official or authority of a foreign country.

* land includes submerged land (but does not include submerged land that is beneath Australian waters withn the meaning of Schedule 3A to the Act).

land entry activity see section 2.2.

LIFD means the Telecommunications (Low-impact Facilities) Determination 2018.

** line means a wire, cable, optical fibre, tube, conduit, waveguide or other physical medium used, or for use, as a continuous artificial guide for or in connection with carrying communications by means of guided electromagnetic energy.

* listed international agreement means an international agreement specified in the regulations.

low-impact facility means a facility determined by the Minister under subclause 6 (3) of Schedule 3 to the Act to be a low-impact facility.

Note 1 For specification by class, see subsection 13(3) of the Legislation Act 2003.

Note 2 Low-impact facilities are specified in the Telecommunications (Low-impact Facilities) Determination 2018.

low-impact facility activity see section 4.2.

* maintenance, for a facility, see clause 7 of Schedule 3 to the Act.

maintenance activity see section 6.2.

objector see:

(a) for Chapter 2 — section 2.28;

(b) for Chapter 4 — section 4.29;

premises includes a building, structure, caravan and mobile home.

public land has the same meaning as in clause 2 of Schedule 3 to the Act.

* public place includes a place to which members of the public have ready access.

* public utility means a body that provides to the public:

(a) reticulated products or services, such as electricity, gas, water, sewerage or drainage; or

(b) carriage services (other than carriage services supplied by a carriage service provider); or

(d) a product or service of a kind that is similar to a product or service covered by paragraph (a), (b) or (c).

relevant local government authority, for an activity in a State or Territory, means an authority of the State or Territory responsible for the local government of the area where the activity happens or is to happen.

street means:

(a) a place where general vehicle traffic occurs; or

(b) a place where general vehicle traffic would happen except for the construction of barriers to traffic;

but does not include a driveway, a bicycle path or a parking lot.

Examples of streets

Note:  A place described as a lane, crescent, avenue, street, road or highway

Note:  A pedestrian mall

Note:  A road that has been closed to traffic.

subscriber, for a carrier, includes a proposed or potential subscriber.

subscriber connection means an installation for the sole purpose of connecting premises to a line forming part of a telecommunications network.

subscriber connection activity see section 3.2.

Telecommunications Industry Ombudsman has the same meaning as in the Telecommunications (Consmer Protection and Service Standards) Act 1999.

telecommunications transmission tower, or tower, means a tower, pole or mast used for telecommunications transmissions.

temporary defence facility means a temporary facility for use by, or on behalf of, a defence organisation for defence purposes.

temporary defence facility activity see section 5.2.

third party see section 3.22.

* threatened species means a species that is included in one of the following categories of the list of threatened species kept under Division 1 of Part 13 of the Environment Protection and Biodiversity Conservation Act 1999:

(a) extinct in the wild;

(b) critically endangered;

(d) vulnerable.

* Torres Strait Islander means a descendant of an indigenous inhabitant of the Torres Strait Islands.

Note: Endnotes

Note: Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Note: Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Note: Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Telecommunications Code of Practice 2018	1 Mar 2018 (F2018L00171)	2 Mar 2018 (s 1.2)
Telecommunications Code of Practice (Temporary Facilities) Amendment Determination 2020	1 Apr 2020 (F2020L00378)	2 Apr 2020 (s 2)	—

Note: Endnote 4—Amendment history

Provision affected	How affected
s 1.2....................	rep LA s 48D
s 2.7....................	am F2020L00378
s 2.10...................	am F2020L00378
Chapter 2
Division 1 heading..........	rep F2020L00378
s 2.14...................	rep F2020L00378
Chapter 3
s 3.7....................	am F2020L00378
Part 6
s 3.32...................	am F2020L00378
Chapter 4
s 4.3A...................	ad F2020L00378
s 4.4....................	am F2020L00378
s 4.4A...................	ad F2020L00378
s 4.4B...................	ad F2020L00378
s 4.4C...................	ad F2020L00378
s 4.7....................	am F2020L00378
s 4.10...................	am F2020L00378
s 4.16...................	am F2020L00378
Part 5
Division 2
Division 2................	am F2020L00378
s 4.23...................	am F2020L00378
Chapter 5
s 5.7....................	am F2020L00378
Chapter 6
Part 1
s 6.2....................	am F2020L00378
s 6.3A...................	ad F2020L00378
s 6.4....................	am F2020L00378
s 6.4A...................	ad F2020L00378
s 6.7....................	am F2020L00378
s 6.10...................	am F2020L00378
Division 1................	rep F2020L00378
s 6.14...................	rep F2020L00378
Schedule
Schedule.................	am F2020L00378

Note: Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Subparagraph 4.4A(1)(a)(v)

Change to grammar, syntax or the use of conjunctives or disjunctives

Sch 1

item 9 of the Telecommunications Code of Practice (Temporary Facilities) Amendment Determination 2020 instructs to insert sections 4.4A, 4.4B and 4.4C after section 4.4.

Schedule 1 item 9 of the Telecommunications Code of Practice (Temporary Facilities) Amendment Determination 2020 instructs to insert sections 4.4A, 4.4B and 4.4C after section 4.4.

The newly inserted subparagraph 4.4A(1)(a)(v) reads as follows:

(v) to provide additional capacity to supply carriage services to person who are physically present in a particular area during a high-demand holiday period;

This compilation was editorially changed to omit the word “person” and substitute the word “persons” in subparagraph 4.4A(1)(a)(v) to correct the grammatical error.

Subparagraph 4.4A(1)(a)(vi)

Removal of redundant text

Schedule 1 item 9 of the Telecommunications Code of Practice (Temporary Facilities) Amendment Determination 2020 instructs to insert sections 4.4A, 4.4B and 4.4C after section 4.4.

The newly inserted subparagraph 4.4A(1)(a)(vi) reads as follows:

(vi) to provide capacity to supply carriage services to one or more emergency service organisations so that the those organisations can deal with an emergency or natural disaster; and

This compilation was editorially changed to omit the redundant word “the” from subparagraph 4.4A(1)(a)(vi).

Subsection 4.10(2)

Schedule 1 item 11 of the Telecommunications Code of Practice (Temporary Facilities) Amendment Determination 2020 instructs to insert the words “(other than facilities mentioned in subsection 4.10(4) or (5) below)” after “towers” in subsection 4.10(2).

The word “towers” appears twice in subsection 4.10(2).

This compilation was editorially changed to insert the words “(other than facilities mentioned in subsection 4.10(4) or (5) below)” after “towers” (first occurring) in subsection 4.10(2) to give effect to the misdescribed amendment as intended.

Subsection 4.10(5)

Correct a drafting error

Schedule 1 item 12 of the Telecommunications Code of Practice (Temporary Facilities) Amendment Determination 2020 instructs to omit the note at the end of section 4.10 and substitute subsections 4.10(4) and (5).

The newly inserted subsection 4.10(5) reads as follows:

(a) each of the matters described in paragraphs 4.10(4)(b)-(i) above;

(b) the start time and date of the particular event or events;

(d) the name and location of the particular venue where the event or events will be held.

Note 1 See Act, Schedule 1, clause 41, which defines the terms designated overhead line, telecommunications transmission tower and eligible underground facility.

Note 2 See Items 5, 6 and 8 of Part 6A of the Schedule to the LIFD.

This compilation was editorially changed to omit the words “maintain keep and records” and substitute the words “keep and maintain records” in subsection 4.10(5) to correct the drafting error.

Section 4.23

Schedule 1 item 15 of the Telecommunications Code of Practice (Temporary Facilities) Amendment Determination 2020 instructs to insert subsection (3A) after subsection 4.23A(3).

Section 4.23A does not appear. However, section 4.23 does appear.

This compilation was editorially changed to insert subsection (3A) after subsection 4.23(3) to give effect to the misdescribed amendment as intended.

Subsection 6.10(2)

Schedule 1 item 23 of the Telecommunications Code of Practice (Temporary Facilities) Amendment Determination 2020 instructs to insert the words “(other than temporary facilities mentioned in subsection 6.10(4) or (5) below)” after “towers” in subsection 6.10(2).

The word “towers” appears twice in subsection 6.10(2).

This compilation was editorially changed to insert the words “(other than temporary facilities mentioned in subsection 6.10(4) or (5) below)” after “towers” (first occurring) in subsection 6.10(2) to give effect to the misdescribed amendment as intended.

Subparagraph 6.10(4)(d)(iii)

Change to punctuation

Schedule 1 item 24 of the Telecommunications Code of Practice (Temporary Facilities) Amendment Determination 2020 instructs to insert subsections 6.10(4) and (5) at the end of section 6.10.

The newly inserted subparagraph 6.10(4)(d)(iii) reads as follows:

(iii) the day on which maintenance of the other facility ceased; and;

This compilation was editorially changed to omit the semicolon at the end of subparagraph 6.10(4)(d)(iii) to correct the punctuation.

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Telecommunications Code of Practice 2018

Telecommunications Code of Practice 2018

made under subclause 15(1) of Schedule 3 to the

Telecommunications Act 1997

Compilation No. 1

Compilation date: 2 April 2020

Includes amendments up to: F2020L00378

Registered: 11 May 2020

About this compilation

This compilation

This is a compilation of the Telecommunications Code of Practice 2018 that shows the text of the law as amended and in force on 2 April 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Chapter 1 Preliminary

1.1 Name

This Instrument is the Telecommunications Code of Practice 2018.

1.3 Authority

This Instrument is made under subclause 15(1) of Schedule 3 to the Telecommunications Act 1997 and subsection 33(3) of the Acts Interpretation Act 1901.