1A.8 Carrier to do as little damage as practicable
In engaging in a prescribed activity or 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.
Note See Act, Schedule 3, clause 8.
1A.9 Carrier to restore land
(1) If a carrier engages in a prescribed activity or 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 activity.
(3) Subsection (2) does not apply if the carrier agrees with:
(b) if the land is occupied by someone other than the owner — the occupier;
to start restoration at a later time.
Note 1 See Act, Schedule 3, clause 9.
Note 2 Sections 4.4A and 6.4A impose additional requirements in relation to restoring land that are applicable to a carrier who engages in a low‑impact facility activity or a maintenance activity, respectively.
1A.10 Noise
(1) In engaging in a prescribed 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.
1A.11 Agreements with public utilities
(1) If a prescribed activity or 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.
Note See Act, Schedule 3, clause 11.
1A.12 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 prescribed activity or 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.
Note The activities mentioned in subclause 19(1) are:
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
Note: altering the position of an electricity cable or wire.
(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.
1A.13 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 any of subsections 4.10(1) or (2) or 6.10(1) or (2)), the carrier must keep and maintain records of the kind and location of the towers.
(3) If a carrier owns or operates underground facilities, the carrier must keep and maintain records of:
(a) the kind and location of the facilities; and
(b) if any of the facilities is an eligible underground facility:
(i) the capacity of the facility to hold further lines; and
(ii) the depth of the facility at the time of its installation.
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.
1A.14 Compliance with listed international agreements
A carrier must engage in a prescribed activity or a temporary defence facility activity in a manner consistent with Australia’s obligations under a listed international agreement relevant to the activity.
Note See Act, Schedule 3, clause 13.
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 3 Parts.The Parts deal with the following matters: Part 1 — introduction 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) Division 2 of Part 5 sets out some of the carrier conditions in the Act, in simplified form, to assist the reader of the Code.
(3) Part 4, and the other Divisions of Part 5, set out:
(a) the conditions on carriers related to giving notices to the Director of National Parks, the Environment Secretary, and owners and occupiers of land; and
(b) the process for owners and occupiers of land to object to a land entry activity; and
(c) the process by which objections may be resolved or referred to the Telecommunications Industry Ombudsman.
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.
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
(c) the carrier has an agreement with the Director under section 2.15 for alternative notification arrangements; 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.
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) The 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.