Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3_7:p2
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3 cl 7 (pt 2/3)
Character Range: 1502605–1505301

of paragraph (3)(d), the following conditions are specified:
 (a) the levels of noise that are likely to result from the operation of the replacement facility are less than or equal to the levels of noise that resulted from the operation of the original facility;
 (b) in a case where the original facility is a tower:
 (i) the height of the replacement facility does not exceed the height of the original facility; and
 (ii) the volume of the replacement facility does not exceed the volume of the original facility;
 (c) in a case where the facility is not a tower:
 (i) the volume of the replacement facility does not exceed the volume of the original facility; or
 (ii) the replacement facility is located inside a fully‑enclosed building, the original facility was located inside the building and the building is not modified externally as a result of the replacement of the original facility; or
 (iii) the replacement facility is located inside a duct, pit, hole, tunnel or underground conduit;
 (d) such other conditions (if any) as are specified in the regulations.
 (6) For the purposes of paragraph (3)(e), the following conditions are specified:
 (a) the combined levels of noise that are likely to result from the operation of the additional facility and the original facility are less than or equal to the levels of noise that resulted from the operation of the original facility;
 (b) either:
 (i) the additional facility is located inside a fully‑enclosed building, the original facility is located inside the building and the building is not modified externally as a result of the installation of the additional facility; or
 (ii) the additional facility is located inside a duct, pit, hole, tunnel or underground conduit;
 (c) such other conditions (if any) as are specified in the regulations.
 (7) For the purposes of paragraphs (5)(a), (b) and (c) and (6)(a), (b) and (c), trivial variations are to be disregarded.
 (8) For the purposes of subclauses (5) and (6):
 (a) the measurement of the height of a tower is not to include any antenna extending from the top of the tower; and
 (b) the volume of a facility is the apparent volume of the materials that:
 (i) constitute the facility; and
 (ii) are visible from a point outside the facility; and
 (c) a structure that makes a facility inside the structure unable to be seen from any point outside the structure is to be treated as if it were a fully‑enclosed building.
 (9) A reference in this Part to engaging in activities under this Division includes a reference to exercising powers under this Division.
 (10) In this clause (other than subclause (4)):
tower means a tower, pole or mast.

Division 5—Conditions relating