Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Utilities (Telecommunications
Installations) Act 2001
A2001-34
Republication No 6
Effective: 27 November 2023
Republication date: 27 November 2023
Last amendment made by A2023-36
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Utilities (Telecommunications Installations) Act 2001 (including
any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force
on 27 November 2023. It also includes any commencement, amendment, repeal or expiry
affecting this republished law to 27 November 2023.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Utilities (Telecommunications
Installations) Act 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
Part 2 Installation of telecommunications facilities
5 Land to which Act applies 3
6 Installations to which Act applies 3
7 Installation on utility network facilities 4
8 Consent by utility etc to installation 5
9 Ownership of telecommunications equipment 5
Contents
Page
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10 Carrier’s continuing rights concerning installations 5
Part 3 Carrier’s obligations
11 Notice to land-holder 6
12 Service of notices 6
13 Carrier to minimise disruption, inconvenience and damage 6
14 Carrier to act reasonably etc 7
15 Carrier to restore land and structures 7
16 Installation costs 7
17 Compensation 8
Part 4 Authorised people
18 Authorised people 9
19 Identity cards 9
20 Production of identity cards 9
Part 5 Miscellaneous
21 Compensation—safety net 10
22 Operation of other Territory laws 10
23 Regulation-making power 10
Dictionary 11
Endnotes
1 About the endnotes 13
2 Abbreviation key 13
3 Legislation history 14
4 Amendment history 15
5 Earlier republications 15
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Australian Capital Territory
Utilities (Telecommunications
Installations) Act 2001
An Act about the installation of telecommunications facilities on utility network
facilities
Preliminary Part 1
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Utilities (Telecommunications Installations) Act 2001.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain words and
expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined elsewhere in this Act
or in other legislation.
For example, the signpost definition ‘carrier—see the
Telecommunications Act 1997 (Cwlth), section 7 (Definitions).’ means
that the word ‘carrier’ is defined in section 7 of that Act and the definition
applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Installation of telecommunications facilities Part 2
Section 5
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Part 2 Installation of
telecommunications facilities
5 Land to which Act applies
This Act applies to the following land (defined land):
(a) Territory land;
(b) land that is the subject of an agreement or arrangement between
the Territory and the Commonwealth for the application of this
Act to the land.
6 Installations to which Act applies
(1) This Act applies to the installation of a telecommunications facility
on a utility network facility on defined land if the installation is for a
reticulated service in accordance with an authorised network plan.
(2) In this section:
authorised network plan means—
(a) a plan for a reticulated service authorised by a development
approval under the Planning Act 2023; or
(b) the 3GIS ACT Network Plan as in force immediately before the
commencement of the Planning and Development Act 2007
(repealed).
installation, of a telecommunications facility, includes—
(a) the construction or extension of the facility; and
(b) the attaching or securing of the facility to any part of a utility
network facility; and
(c) placing any part of the facility on, over or under land; and
(d) any activity that is ancillary or incidental to an activity
mentioned in paragraph (a), (b) or (c).
Installation of telecommunications facilities Part 2
Section 7
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reticulated service means—
(a) electricity, water, drainage, gas, communications or similar
services the provision of which allows for direct access to and
use of the services by the occupiers of individual parcels of land;
or
(b) mobile telecommunications services.
7 Installation on utility network facilities
(1) For purposes connected with the installation of a telecommunications
facility, a carrier may, in accordance with part 3 (Carrier’s
obligations)—
(a) enter defined land; and
(b) inspect the land; and
(c) carry out any work on the land that is necessary or desirable for
installing a telecommunications facility on a utility network
facility.
(2) Without limiting subsection (1) (c), a carrier may, for example, do
any of the following:
(a) use any plant, machinery, equipment or goods of the carrier;
(b) fell or lop trees;
(c) clear vegetation;
(d) make excavations;
(e) take soil, vegetation and other material away from the land.
(3) In this section:
carrier includes an authorised person for the carrier.
Installation of telecommunications facilities Part 2
Section 8
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8 Consent by utility etc to installation
Nothing in this Act is to be taken to give a carrier a right to install a
telecommunications facility on a utility network facility without the
consent of—
(a) the responsible utility; or
(b) the owner of the utility network facility.
9 Ownership of telecommunications equipment
Nothing in this Act is to be taken to give the owner of a utility network
facility a proprietary interest in a telecommunications facility
installed on the utility network facility, only because of the
installation.
10 Carrier’s continuing rights concerning installations
(1) A carrier who installs a telecommunications facility under section 7
(Installation on utility network facilities) has, by force of this section,
the following rights in relation to the facility:
(a) to have the facility remain on, under or over the land while used,
or for use, in a telecommunications network;
(b) to use the facility, or have it for use, in the telecommunications
network.
(2) Subsection (1) has effect subject to any agreement between the carrier
and the responsible utility or the owner of the relevant utility network
facility.
Carrier’s obligations Part 3
Section 11
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Part 3 Carrier’s obligations
11 Notice to land-holder
(1) Before entering land under section 7 (Installation on utility network
facilities), a carrier must give at least 7 days written notice to the land-
holder of—
(a) the carrier’s intention to enter the land; and
(b) the purpose of the entry.
(2) This section does not apply to anything done in urgent circumstances
in which it is necessary to enter land to protect—
(a) the integrity of the telecommunications facility; or
(b) the health or safety of anyone; or
(c) property; or
(d) the environment.
12 Service of notices
A notice under section 11 may be served on a land-holder as follows:
(a) by leaving it in the letterbox on the land;
(b) by securing it in a conspicuous place on the land.
Note For other ways of serving documents, see the Legislation Act, pt 19.5.
13 Carrier to minimise disruption, inconvenience and
damage
When acting under section 7 (Installation on utility network
facilities), a carrier must take all reasonable steps to ensure that it
causes as little disruption, inconvenience and damage as is
practicable.
Carrier’s obligations Part 3
Section 14
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14 Carrier to act reasonably etc
When acting under section 7 (Installation on utility network
facilities), a carrier must—
(a) act in a reasonable way; and
(b) as far as practicable, ensure that any property on the land,
including any domestic animal, is kept secure; and
(c) act in accordance with any work method approved by the
responsible utility.
15 Carrier to restore land and structures
(1) A carrier who acts under section 7 (Installation on utility network
facilities) must take all reasonable steps to ensure, so far as
practicable, that—
(a) the land is restored as soon as practicable to a condition similar
to its condition before the carrier acted; and
(b) any structure damaged by the carrier is restored as soon as
practicable to a condition similar to its condition before being so
damaged.
(2) Subsection (1) does not require the restoration of land or a structure
to a condition that would involve—
(a) an interference with a telecommunications facility or a utility
network facility; or
(b) a contravention of a law of the Territory.
(3) The obligation in subsection (1) is subject to any agreement to the
contrary between the land-holder and the responsible utility or carrier.
16 Installation costs
The carrier must bear the cost of things done by the carrier under
section 7 (Installation on utility network facilities).
Carrier’s obligations Part 3
Section 17
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17 Compensation
(1) A person may claim reasonable compensation from a carrier if the
person suffers loss or expense because of anything done by a carrier
under section 7 (Installation on utility network facilities).
(2) Compensation may be claimed and ordered in a proceeding for
compensation brought in a court of competent jurisdiction.
(3) A court may order the payment of reasonable compensation for the
loss or expense only if satisfied it is just to make the order in the
circumstances of the particular case.
(4) Without limiting subsection (3), a court may take into account
whether the carrier has satisfied its obligations under section 15
(Carrier to restore land and structures) in considering whether it is
just to make an order under this section.
Authorised people Part 4
Section 18
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Part 4 Authorised people
18 Authorised people
(1) A carrier may appoint a person to be an authorised person for the
carrier for this Act.
Note For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
(2) An authorised person must act in accordance with any conditions of
appointment and any direction given to the person by the carrier.
19 Identity cards
(1) The carrier must give each authorised person an identity card that
states the person’s name and appointment as an authorised person and
shows—
(a) a recent photograph of the person; and
(b) the date of issue of the card; and
(c) the date of expiry for the card; and
(d) anything else prescribed under the regulations.
(2) Within 7 days after ceasing to be an authorised person, a person must
return the identity card to the carrier.
Maximum penalty (subsection (2)): 1 penalty unit.
20 Production of identity cards
(1) An authorised person may exercise a power under this Act in relation
to a person only if the authorised person first shows the person his or
her identity card.
(2) An authorised person may not remain on land entered under section 7
(Installation on utility network facilities) if, on request by the land-
holder or a person apparently in charge of the land, the authorised
person does not produce his or her identity card.
Miscellaneous Part 5
Section 21
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Part 5 Miscellaneous
21 Compensation—safety net
(1) If—
(a) apart from section 17 (Compensation) and this section, the
operation of any provision of this Act would result in the
acquisition of property from a person otherwise than on just
terms; and
(b) the acquisition would be unlawful because of the Self-
Government Act, section 23 (1);
the person acquiring the property (the acquirer) is liable to pay
reasonable compensation to the other person in relation to the
acquisition.
(2) If the acquirer and the other person do not agree on the amount of
compensation, the other person may, in a court of competent
jurisdiction, recover from the acquirer such reasonable compensation
as the court determines.
22 Operation of other Territory laws
To remove any doubt, this Act does not affect the operation of any
other Territory law.
23 Regulation-making power
(1) The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly,
under the Legislation Act.
(2) The regulations may prescribe offences for contraventions of the
regulations and prescribe maximum penalties of not more than
10 penalty units for offences against the regulations.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:
• exercise
• law (of the Territory)
• property
• Territory land.
authorised person, for a carrier, means an authorised person
appointed for the carrier under section 18 (Authorised people).
carrier—see the Telecommunications Act 1997 (Cwlth), section 7
(Definitions).
defined land—see section 5 (Land to which Act applies).
installation means an installation of a telecommunications facility
mentioned in section 6 (Installations to which Act applies).
land includes water.
land-holder means—
(a) in relation to leased Territory land—
(i) the lessee; or
(ii) if the land is occupied by someone other than the lessee—
the occupier; or
(b) in relation to unleased Territory land—the director-general of
the administrative unit in the public service whose
responsibilities include managing the use of the land; or
(c) in relation to land the subject of an agreement or arrangement
mentioned in section 5 (b) (Land to which Act applies)—any
person prescribed under the regulations.
Dictionary
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line—see the Telecommunications Act 1997 (Cwlth), section 7
(Definitions).
responsible utility—see the Utilities Act 2000, dictionary.
telecommunications facility means a line, related equipment or
fitting used, or for use, in a telecommunications network.
telecommunications network—see the Telecommunications Act
1997 (Cwlth), section 7 (Definitions).
utility network facility means a network facility under the Utilities
Act 2000, dictionary.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and
the amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the last
endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Utilities (Telecommunications Installations) A2001-34
notified 29 June 2001 (Gaz 2001 No S36)
s 1, s 2 commenced 29 June 2001 (IA s 10B)
remainder (ss 3-23) commences 1 July 2001 (s 2)
as amended by
Statute Law Amendment Act 2002 A2002-30 pt 3.88
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.88 commenced 17 September 2002
Planning and Land (Consequential Amendments) Act 2002 A2002-56
sch 3 pt 3.18
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
sch 3 pt 3.18 commenced 1 July 2003 (s 2 and see Planning and Land
Act 2002 A2002-55, s 2)
Planning and Development (Consequential Amendments) Act 2007
A2007-25 sch 1 pt 1.35
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
sch 1 pt 1.35 commenced 31 March 2008 (s 2 and see Planning and
Development Act 2007 A2007-24, s 2 and CN2008-1)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.166
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.166 commenced 1 July 2011 (s 2 (1))
Planning (Consequential Amendments) Act 2023 A2023-36 sch 1
pt 1.69
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.69 commenced 27 November 2023 (s 2 (1) and see
Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om R1 (LA s 89 (4))
Installations to which Act applies
s 6 am A2002-30 amdts 3.969-3.971; A2002-56 amdt 3.80
sub A2007-25 amdt 1.207
am A2023-36 amdts 1.405-1.407
Carrier’s continuing rights concerning installations
s 10 am A2002-30 amdt 3.972
Service of notices
s 12 sub A2002-30 amdt 3.973
Authorised people
s 18 am A2002-30 amdt 3.974, amdt 3.975
Dictionary
dict am A2002-30 amdt 3.976
def land-holder am A2011-22 amdt 1.463
5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
12 Sept 2001
1 July 2001–
16 Sept 2002
not amended new Act
R2
3 Oct 2002
17 Sept 2002–
30 June 2003
A2002-30 amendments by
A2002-30
R3
1 July 2003
1 July 2003–
30 Mar 2008
A2002-56 amendments by
A2002-56