Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3_27:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3 cl 27 (pt 1/5)
Character Range: 1524905–1527797

27  Criteria for issue of facility installation permit

Criteria
 (1) The ACMA must not issue a facility installation permit that authorises a carrier to carry out the installation of one or more facilities unless the ACMA is satisfied that:
 (a) the telecommunications network to which the facilities relate is, or is likely to be, of national significance; and
 (b) the facilities are, or are likely to be, an important part of the telecommunications network to which the facilities relate; and
 (c) any of the following conditions is satisfied:
 (i) the greater part of the infrastructure of the telecommunications network to which the facilities relate has already been installed;
 (ii) the greater part of the infrastructure of the telecommunications network to which the facilities relate has not been installed but each administrative authority whose approval was required or would, apart from Division 3, be required, for the installation of the greater part of the infrastructure of the network has given, or is reasonably likely to give, such approval;
 (iii) no part of the infrastructure of the telecommunications network to which the facilities relate has been installed, but each administrative authority whose approval was required or would, apart from Division 3, be required, for the installation of the greater part of the infrastructure of the network has given, or is reasonably likely to give, such an approval; and
 (d) the advantages that are likely to be derived from the operation of the facilities in the context of the telecommunications network to which the facilities relate outweigh any form of degradation of the environment that is likely to result from the installation of the facilities; and
 (e) in a case where none of the facilities consists of a designated overhead line—the conditions set out in subclause (2) are satisfied; and
 (f) in a case where any of the facilities consists of a designated overhead line—all the conditions set out in subclause (2A) are satisfied; and
 (g) where the facility is proposed to be located near a community sensitive site, including residential areas, childcare centres, schools, aged care centres, hospitals, playgrounds and regional icons:
 (i) the community has been fully consulted, and wherever possible, has agreed to the facility; and
 (ii) alternative less sensitive sites have been considered; and
 (iv) efforts have been made to minimise electromagnetic radiation exposure to the public.

Conditions relating to facilities other than designated overhead lines
 (2) For the purposes of paragraph (1)(e), the following conditions are specified:
 (a) the carrier has made reasonable efforts to negotiate in good faith with:
 (i) each proprietor whose approval is required, or would, apart from Division 3, be required, for carrying out the installation; and
 (ii) each administrative authority whose approval is