Document ID: chunk:federal_register_of_legislation:F2021C01154:front:0:p8
Version: federal_register_of_legislation:F2021C01154
Segment Type: other
Provision Reference: 
Character Range: 18125–20817

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.

Schedule—Facilities and areas
(section 3.1)

Part 1—Radio facilities

Column 1  Column 2                                                                                                                                   Column 3
Item no.  Facility                                                                                                                                   Areas