Document ID: chunk:federal_register_of_legislation:C2024C00742:clause:3_51:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: clause
Provision Reference: sch 3 cl 51 (pt 1/2)
Character Range: 1551583–1554179

51  Removal of certain overhead lines
 (1) If:
 (a) an overhead line (the eligible overhead line) is attached to a pole (the first pole); and
 (b) the eligible overhead line, or a portion of the eligible overhead line, is suspended between the first pole and another pole (the second pole); and
 (c) the installation of the eligible overhead line was or is authorised by:
 (i) this Act; or
 (ii) section 116 of the Telecommunications Act 1991; or
 (iii) Division 3 of Part 7 of the Telecommunications Act 1991; or
 (iv) a repealed law of the Commonwealth; and
 (d) there is also attached to the first pole one or more other overhead cables, where at least one of the other overhead cables is a non‑communications cable; and
 (e) each of the non‑communications cables is permanently removed (either simultaneously or over a period) and is not replaced;
the owner of the eligible overhead line must, within 6 months after the completion of the last of the removals referred to in paragraph (e), permanently remove so much of the eligible overhead line as is suspended between the first pole and the second pole.
 (2) If:
 (a) there is a local government body for the area in which the first pole is situated; and
 (b) there is no prescribed administrative authority for the State or Territory in which the first pole is situated;
the local government body may, by writing:
 (c) exempt the owner of the eligible overhead line from compliance with subclause (1) in relation to the first pole; or
 (d) extend the period of 6 months mentioned in subclause (1) for the purposes of the application of subclause (1) to the owner of the eligible overhead line and to the first pole.
 (3) If there is a prescribed administrative authority for the State or Territory in which the first pole is situated, the prescribed administrative authority may, by writing:
 (a) exempt the owner of the eligible overhead line from compliance with subclause (1) in relation to the first pole; or
 (b) extend the period of 6 months mentioned in subclause (1) for the purposes of the application of subclause (1) to the owner of the eligible overhead line and to the first pole.
 (4) If:
 (a) there is no local government body for the area in which the first pole is situated; and
 (b) there is no prescribed administrative authority for the State or Territory in which the first pole is situated;
the regulations may make provision for and in relation to:
 (c) the exemption of the owner of the eligible overhead line from compliance with subclause (1) in relation to the first pole; and
 (d) the extension of the period of