Federal Register of Legislation - Australian Government

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No. 1 of 2012 Determinations/Communications as made
This Determination amends the Telecommunications (Low-impact Facilities) Determination 1997 to clarify that ancillary facilities which are necessary for the operation or proper functioning of a facility described in the Schedule to the Principal Determination, are low-impact facilities for the purpose of Schedule 3 to the Telecommunications Act 1997.
Administered by: Broadband, Communications and the Digital Economy
Made 20 Nov 2012
Registered 22 Nov 2012
Tabled HR 26 Nov 2012
Tabled Senate 26 Nov 2012
Date of repeal 24 Nov 2012
Repealed by Division 1 of Part 5A of the

 

 

Commonwealth of Australia

Telecommunications Act 1997

Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 2012)

I, STEPHEN MICHAEL CONROY, Minister for Broadband, Communications and the Digital Economy, make the following Determination under subclause 6(3) of Schedule 3 to the Telecommunications Act 1997.

Dated 20 November 2012

 

STEPHEN MICHAEL CONROY

Minister for Broadband, Communications and the Digital Economy

                                                 

_________________________________________________________________

1          Name of Determination

This Determination is the Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 2012).

2          Commencement

This Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

3          Variation

The Telecommunications (Low-impact Facilities) Determination 1997 is amended as set out in the Schedule to this Determination.

 


Schedule              Amendments

                          

[1]   Subsection 3.1(4)

omit the subsection, substitute

 

(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)        installed, or to be installed, solely to ensure the protection or safety of:

                        (i)         the low-impact facility;

                        (ii)        a facility covered by paragraph (a); or

                        (iii)       persons or property in close proximity to the low-impact

facility.