Document ID: chunk:federal_register_of_legislation:F2021C01154:front:0:p2
Version: federal_register_of_legislation:F2021C01154
Segment Type: other
Provision Reference: 
Character Range: 2891–5906

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(Low‑impact Facilities) Determination 1997 in force immediately before this Determination commences is repealed.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 determination

  Part 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 determination

  The 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