Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3_27:p3
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3 cl 27 (pt 3/5)
Character Range: 1530130–1532967

to the following:
 (a) the extent to which the installation of the facilities is likely to promote the long‑term interests of end‑users of carriage services or of services supplied by means of carriage services;
 (b) the impact of the installation, maintenance or operation of the facilities on the environment;
 (c) the objective of facilitating the timely supply of efficient, modern and cost‑effective carriage services to the public;
 (d) any relevant technical and/or economic aspects of the installation, maintenance or operation of the facilities in the context of the telecommunications network to which the facilities relate;
 (e) whether the installation of the facilities contributes to:
 (i) the fulfilment by the applicant of the universal service obligation; or
 (ii) the compliance by the applicant with the obligations under a contract entered into under section 14 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 for a purpose relating to the achievement of a policy objective set out in paragraph 13(1)(a) or (b) of that Act; or
 (iii) the compliance by the applicant with the terms and conditions of a grant made under section 14 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 for a purpose relating to the achievement of a policy objective set out in paragraph 13(1)(a) or (b) of that Act;
 (f) whether the installation of the facilities involves co‑location with one or more other facilities;
 (g) whether the installation of the facilities facilitates co‑location, or future co‑location, with one or more other facilities;
 (h) such other matters (if any) as the ACMA considers relevant.

Long‑term interests of end‑users
 (6) For the purposes of this clause, the question whether a particular thing promotes the long‑term interests of end‑users of carriage services or of services supplied by means of carriage services is to be determined in the same manner as that question is determined for the purposes of Part XIC of the Competition and Consumer Act 2010.

Environmental impact
 (7) In determining the matter set out in paragraph (5)(b), the ACMA must have regard to the following:
 (a) whether the installation, maintenance or operation of the facilities:
 (i) is inconsistent with Australia's obligations under a listed international agreement; or
 (ii) could threaten with extinction, or significantly impede the recovery of, a threatened species; or
 (iii) could put a species of flora or fauna at risk of becoming a threatened species; or
 (iv) could have an adverse effect on a threatened species of flora or fauna; or
 (v) could damage the whole or a part of a habitat of a threatened species of flora or fauna; or
 (vi) could damage the whole or a part of a place, or an ecological community, that is essential to the continuing existence