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
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.
Part Part 2 - Telecommunications Code of Practice 2018 - Inspection of land | Zoe