Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3_6:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3 cl 6 (pt 1/4)
Character Range: 1492330–1495030

6  Installation of facilities
 (1) A carrier may, for purposes connected with the supply of a carriage service, carry out the installation of a facility if:
 (a) the carrier is authorised to do so by a facility installation permit; or
 (b) the facility is a low‑impact facility (as defined by subclause (3)); or
 (c) the facility is a temporary facility for use by, or on behalf of, a defence organisation for defence purposes.
Note: If the installation of a facility is not authorised by this clause, the installation may require the approval of an administrative authority under a law of a State or Territory.
 (2) If subclause (1) authorises a carrier to carry out a particular activity, the carrier may, for purposes in connection with the carrying out of that activity:
 (a) enter on, and occupy, any land; and
 (b) on, over or under the land, do anything necessary or desirable for those purposes, including, for example:
 (i) constructing, erecting and placing any plant, machinery, equipment and goods; and
 (ii) felling and lopping trees and clearing and removing other vegetation and undergrowth; and
 (iii) making cuttings and excavations; and
 (iv) restoring the surface of the land and, for that purpose, removing and disposing of soil, vegetation and other material; and
 (v) erecting temporary workshops, sheds and other buildings; and
 (vi) levelling the surface of the land and making roads.
 (3) The Minister may, by legislative instrument, determine that a specified facility is a low‑impact facility for the purposes of this clause. The determination has effect accordingly.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
 (4) A designated overhead line must not be specified in an instrument under subclause (3).
 (4A) A submarine cable (within the meaning of Schedule 3A) must not be specified in an instrument under subclause (3).
 (5) A tower must not be specified in an instrument under subclause (3) unless:
 (a) both:
 (i) the tower is attached to a building; and
 (ii) the height of the tower does not exceed 5 metres; or
 (b) the following conditions are satisfied:
 (i) the tower is a temporary facility that is installed to minimise disruption to the supply of a carriage service that might result from the maintenance of another facility;
 (ii) in a case where the tower is installed in a rural area (within the meaning of the instrument)—the height of the tower does not exceed 30 meters or the height of the other facility, whichever is the higher;
 (iii) in a case where the tower is not installed in a rural area (within the meaning of the instrument)—the height of the tower does not exceed 30 metres;
 (iv) in a case where it