This Determination is the Telecommunications (Low‑impact Facilities) Determination 2018.
1.3 Authority
This Determination is made under subclause 6(3) of Schedule 3 to the Telecommunications Act 1997 and subsection 33(3) of the Acts Interpretation Act 1901.
1.4 Repeal
The Telecommunications (Low‑impact Facilities) Determination 1997 in force immediately before this Determination commences is repealed.
Background to determinationPart 1 of Schedule 3 to the Telecommunications Act 1997 authorises a carrier to enter on land and install a facility if the facility is a low‑impact facility.Under subclauses 6 (3) of Part 1, the Minister may, by written instrument, determine that a specified facility is a low‑impact facility.Under subclauses 6 (4), (5) and (7), certain facilities cannot be low‑impact facilities: designated overhead lines a tower that is not attached to a building a tower attached to a building and more than 5 metres high an extension to a tower that has previously been extended an extension to a tower, if the extension is more than 5 metres high temporary towers unless certain conditions are satisfied.A facility cannot be a low‑impact facility unless it is specified in this determination. Therefore, new mobile telecommunications towers are not low‑impact facilities.Also, a facility will be a low‑impact facility only if it is installed in particular areas identified in this determination. The areas have an order of importance, based on zoning under State or Territory laws, so that any area only has its “highest” possible zoning. The order of priority is: area of environmental significance residential areas commercial areas industrial areas rural areas.One effect of this determination is that a facility in an area of environmental significance cannot be a low‑impact facility.Rules for the installation and maintenance of a low‑impact facility can be found in Schedule 3 to the Telecommunications Act 1997 and the Telecommunications Code of Practice 2018.
Simplified outline of determinationThe determination has 3 Parts.Part 1 is introductory, containing matters such as, commencement, definitions and principal designated use (for the purposes of clarifying the zoning category);Part 2 identifies areas in which a facility may be installed, by reference to zoning arrangements under State and Territory planning laws.Part 3 and the Schedule identify the low‑impact facilities.Definitions for words and expressions used in this determination are to be found in section 1.5.
1.5 Definitions
(1) In this Determination:
Aboriginal person has the same meaning as in clause 2 of Schedule 3 to the Act.
access terminal means a connector device that allows a line link to be connected to a drop cable.
Act means the Telecommunications Act 1997.
amplifier means an enclosure (and any associated devices) which is used to amplify a signal along a telecommunications cable (whether such a cable is deployed overhead or underground).
area of environmental significance has the meaning given by section 2.5.
certifiable facility has the meaning given by section 3.2.
co‑located facilities means one or more facilities installed on or within:
(a) an original facility; or
(b) a public utility structure.
Note: A facility installed near, but not either on or within, an original facility or public utility structure will not be a co‑located facility
co‑location volume means the volume of materials that constitute:
(a) co‑located facilities; or
(b) an original facility; or
(c) a public utility structure;
where the materials are visible from a point outside the co‑located facilities, original facility, or public utility structure.
commercial area has the meaning given by section 2.1.
drop cable means a cable (whether deployed overhead or underground) from an access terminal, optical node or splice enclosure to any of the following:
(a) a premises connection device;
(b) a network termination device; or
(c) a point of connection situated at an end user’s premises.
emergency, for the installation of a facility, means circumstances in which the facility must be installed without delay to protect:
(a) the integrity of a telecommunications network or a facility; or
(b) the health or safety of persons; or
(c) the environment; or
(d) property; or
(e) the maintenance of an adequate level of service.
emergency services organisation means:
(a) a police force;
(b) a fire service;
(c) an ambulance service;
(d) a service specified in the numbering plan made under subsection 455(1) of the Act, as in force from time to time; and
(e) a service for despatching a force or service.
external building connection equipment means a facility which is:
(a) installed or attached to a multi‑unit building; and
(b) used (or intended to be used at some future time) in the supply of carriage services to end users that are, or are to be, located in any of the following:
(i) the building to which the facility is installed or attached; or
(ii) nearby any related buildings.
high‑demand holiday period has the same meaning as in clause 2 of Schedule 3 to the Act.
in‑building network equipment means equipment installed within a building for purposes other than directly supplying carriage services to end users.
in‑building subscriber connection equipment means a facility installed within a building:
(a) with the aim of managing and maintaining the supply of carriage services to a customer of a carrier; or
(b) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications on a wholesale‑only and non‑discriminatory access basis, where the facility is to be used (or intended to be used at some future time) by end users of carriage services delivered by such a network. For the avoidance of doubt, the end users are to be located in the building in which the facility is installed.
industrial area has the meaning given by section 2.2.
installation, for a facility, has the same meaning as in clause 2 of Schedule 3 to the Act.
Note: Installation includes:
construction of the facility
attachment of the facility to a building or other structure
any activity ancillary to installation.
internal building connection equipment means a facility which is:
(a) installed in a multi‑unit building; and
(b) used (or intended to be used at some future time) in the supply of carriage services to end users that are, or are to be, located in any of the following:
(i) the building in which the facility is installed; or
(ii) nearby any related buildings.
listed international agreement has the same meaning as in clause 2 of Schedule 3 to the Act.
Note: Listed international agreements are agreements specified in the regulations.
maintenance, for the purposes of Items 1–4 and Item 8 of Part 6A to the Schedule, has the same meaning as in clause 7 of Schedule 3 to the Act.
Note: The maintenance of a facility generally includes a reference to the installation of a temporary facility where certain conditions are satisfied.
national network means a network that has:
(a) a geographic reach into every state or mainland territory;
(b) a significant number of end users connected, or likely to be connected; and
(c) importance to the national economy.
network termination device means a device which establishes a demarcation point between the carrier’s telecommunications network and customer cabling or customer equipment.
optical fibre access terminal means a connector device that allows one or more individual fibres from an optical fibre line link to be connected to an optical fibre drop cable.
optical node means an enclosure or device in which a telecommunications cable is connected:
(a) with one or more drop cables; or
(b) to an access terminal.
optical fibre splice enclosure means an enclosure in which individual fibres from an optical fibre line link are separated out and spliced to an optical fibre drop cable or otherwise connected to an optical fibre access terminal.
original facility means the original structure that is currently used, or intended to be used, for connection to a telecommunications network where the original structure was:
(a) in place on the date on which the Telecommunications (Low‑impact Facilities) Determination 1997 (Amendment No. 1 of 1999) took effect; or
(b) installed after that date by means other than in accordance with Part 8 of the Schedule to this Determination.
planning law, for an area, means a law of the State or Territory where the area is located dealing with land use, planning or zoning.
power supply means a device that connects a network termination device, optical node or amplifier to a source or supply of electrical power.
premises connection device means an enclosure (and any associated devices) which is used to terminate a drop cable (whether such a cable is deployed overhead or underground) for the transition of that cable to another facility or in‑building cabling.
principal designated use, for an area, has the meaning given by section 1.6.
public land has the same meaning as in clause 2 of Schedule 3 to the Act.
public utility has the same meaning as in clause 2 of Schedule 3 to the Act.
public utility structure means a structure used, or for use, by a public utility, for the provision to the public of:
(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
(c) transport services; 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 land in a State or Territory, means an authority of the State or Territory responsible for the local government of the area where the land is located.
residential area has the meaning given by section 2.3.
rural area has the meaning given by section 2.4.
significant environmental disturbance means significant interference with the relationship between a species or community and its immediate environment or habitat and includes, for example, significant interference with identified flora and fauna, ecological communities, geological features, wilderness values or scientific values within an area.
splice enclosure means a device that is spliced to a drop cable or other line link, or otherwise connected to an access terminal.
subscriber connection means an installation for the sole purpose of connecting premises to a telecommunications network.
substantive volume means the size of a facility measured in three dimensions, without including the size of any ancillary fixings, protrusions, or other attachments of an incidental nature in this calculation.
Torres Strait Islander has the same meaning as in clause 2 of Schedule 3 to the Act.
tower means a tower, pole or mast.
underground network equipment means a device that is:
(a) located underground in a pit or conduit; and
(b) part of a network for the high speed carriage of communications.
Note: A number of other words and expressions used in this Determination are defined in the Telecommunications Act 1997 (see s 7), including ‘carrier’ and ‘facility’.
(2) For the purposes of Items 1–7 of Part 6A of the Schedule, the height of the temporary tower is to be ascertained in accordance with subclause 6(5C) of Schedule 3 to the Act.
1.6 Principal designated use
(1) If an area is described, under a planning law, as having a sole or principal use, the use is the principal designated use of the area.
(2) If an area is described, under a planning law, as having 2 or more uses, in terms that show that 1 of the uses is the predominant, preferred or most likely use, the use is the principal designated use of the area.
(3) If an area is described, under a planning law, as having 2 or more principal uses, without any indication of the predominant, preferred or most likely use, the principal designated use of the area is determined on the following basis:
(a) if the uses include residential purposes, the principal designated use is for residential purposes;
(b) if the uses include commercial purposes, but not residential purposes, the principal designated use is for commercial purposes;
(c) if the uses include industrial purposes, but neither residential nor commercial purposes, the principal designated use is for industrial purposes.
(4) If a carrier proposes to engage in a low‑impact facility activity in an area under Chapter 4 of the Telecommunications Code of Practice 2018, the principal designated use of the area is to be determined by reference to the time when the carrier proposes to issue the first notice to the owner or occupier of land in the area under Part 5 of that Chapter.
Note: Areas of environmental significance are identified in accordance with section 2.5 of this Determination, not by reference to planning laws.
Note: The effect of this Determination is that an area may be an area of environmental significance, and also a residential, commercial, industrial or rural area identified by reference to planning laws. However, the area’s status as an area of environmental significance is more important for the identification of low‑impact facilities.
Part 2—Areas
2.1 Commercial area
An area is a commercial area if its principal designated use is for commercial purposes.
Note: The use of an area is to be assessed at the time mentioned in subsection 1.6 (4).
2.2 Industrial area
An area is an industrial area if its principal designated use is for industrial purposes.
Note: The use of an area is to be assessed at the time mentioned in subsection 1.6 (4).
2.3 Residential area
(1) An area is a residential area if its principal designated use is for residential purposes.
(2) A part of a built‑up area is a residential area if it cannot otherwise be described as a commercial, industrial or rural area.
Note: The use of an area is to be assessed at the time mentioned in subsection 1.6 (4).
2.4 Rural area
(1) An area is a rural area if its principal designated use is for rural purposes.
(2) An area that is not part of a built‑up area is a rural area if it cannot otherwise be described as a commercial, industrial or residential area.
Note: The use of an area is to be assessed at the time mentioned in subsection 1.6 (4).
2.5 Area of environmental significance
(1) An area is an area of environmental significance if it is a ‘declared World Heritage Property’ within the meaning of the Environment Protection and Biodiversity Conservation Act 1999.
(2) An area is an area of environmental significance if it is a place that Australia is required to protect by the terms of a listed international agreement.
(3) An area is an area of environmental significance if, under a law of the Commonwealth, a State or a Territory:
(a) it is designated as a reserve for nature conservation purposes; and
(b) the principal purpose of the designated reserve is for nature conservation.
(4) An area is an area of environmental significance if it is an area that, under a law of the Commonwealth, or a State or Territory, is protected from significant environmental disturbance.
(5) An area is an area of environmental significance if, under a law of the Commonwealth, a State or a Territory, it consists of a place, building or thing that is entered in a register relating to heritage conservation.
(6) An area is an area of environmental significance if, under a law of the Commonwealth, a State or a Territory, it is:
(a) entered in a register; or
(b) otherwise identified;
as being of significance to Aboriginal persons or Torres Strait Islanders, in accordance with their traditions.
Part 3—Low‑impact facilities
3.1 Facilities
(1) A facility described in column 2 of an item in the Schedule is a low‑impact facility only if it is installed, or to be installed, in an area mentioned in column 3 of the item.
(2) However, the facility is not a low‑impact facility if the area is also an area of environmental significance.
(3) For subsection (1), trivial variations for a facility mentioned in column 2 are to be disregarded.
(4) A facility that is ancillary to a facility covered by subsection (1) is also a low‑impact facility only if it is:
(a) necessary for the operation or proper functioning of the low‑impact facility; or
(b) a shroud installed over a low‑impact facility, where the shroud is intended to minimise the visual amenity impact of the low‑impact facility and is colour‑matched to its background; or
(c) installed, or to be installed, solely to ensure the protection or safety of:
(i) the low‑impact facility; or
(ii) a facility covered by paragraph (a); or
(iii) persons or property in close proximity to the low‑impact facility.
3.2 Certifiable Facilities
(1) Subject to subsection (2), the following facilities are a certifiable facility:
(a) a facility described in column 2 of Items 3 to 8, 12 and 13 of Part 1 to the Schedule; and
(b) a solar panel described in column 2 of Item 7 of Part 3 to the Schedule.
Note: See the Telecommunications Code of Practice 2021 for conditions that apply to a certifiable facility.
(2) A facility is not a certifiable facility if it is:
(a) located on the ground; or
(b) attached to a structure which is owned by the carrier.