Federal Register of Legislation - Australian Government

Primary content

Determinations/Communications as amended, taking into account amendments up to Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 2015)
Principal Instrument; This determination may be cited as the Telecommunications (Low impact Facilities) Determination 1997.
Administered by: Communications
Registered 28 Apr 2015
Start Date 02 Apr 2015
End Date 10 Jul 2015
Date of repeal 02 Mar 2018
Repealed by Telecommunications (Low-impact Facilities) Determination 2018

Telecommunications (Low‑impact Facilities) Determination 1997

made under subclause 6(3) of Schedule 3 of the

Telecommunications Act 1997

Compilation No. 4

Compilation date:                           2 April 2015

Includes amendments up to:         Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 2015)

Registered:                                      28 April 2015

 

About this compilation

This compilation

This is a compilation of the Telecommunications (Low-impact Facilities) Determination 1997 that shows the text of the law as amended and in force on 2 April 2015 (the compilation date).

This compilation was prepared on 28 April 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1.1......... Citation.......................................................................................................................... 1

1.2......... Commencement............................................................................................................. 1

1.3......... Definitions..................................................................................................................... 2

1.4......... Principal designated use................................................................................................ 6

Part 2—Areas                                                                                                                                                     7

2.1......... Commercial area............................................................................................................ 7

2.2......... Industrial area................................................................................................................ 7

2.3......... Residential area.............................................................................................................. 7

2.4......... Rural area...................................................................................................................... 7

2.5......... Area of environmental significance............................................................................... 7

Part 3—Low‑impact facilities                                                                                                                    9

3.1......... Facilities........................................................................................................................ 9

Schedule—Facilities and areas                                                                                                  10

Part 1—Radio facilities                                                                                                                               10

Part 2—Underground housing                                                                                                              12

Part 3—Above ground housing                                                                                                             13

Part 4—Underground cable facilities                                                                                                 15

Part 4AAbove ground optical fibre facilities                                                                            17

Part 4B—Above ground hybrid fibre-coaxial facilities                                                          20

Part 5—Public payphones                                                                                                                         24

Part 6—Emergency facilities                                                                                                                   25

Part 7—Co‑located facilities                                                                                                                     26

Endnotes                                                                                                                                                               27

Endnote 1—About the endnotes                                                                                                      27

Endnote 2—Abbreviation key                                                                                                          28

Endnote 3—Legislation history                                                                                                       29

Endnote 4—Amendment history                                                                                                     30

 


Part 1Preliminary

  

1.1  Citation

                   This determination may be cited as the Telecommunications (Low‑impact Facilities) Determination 1997.

1.2  Commencement

                   This determination commences on 1 July 1997.

 

Background to determination

Part 1 of Schedule 3 to the Telecommunications Act 1997 authorises a carrier to enter on land and install a facility if the facility is a low-impact facility.

Under subclause 6 (3) of Part 1, the Minister may, by written instrument, determine that a specified facility is a low-impact facility.

Under subclauses 6 (4), (5) and (7), certain facilities cannot be low‑impact facilities:

·           designated overhead lines

·           a tower that is not attached to a building

·           a tower attached to a building and more than 5 metres high

·           an extension to a tower that has previously been extended

·           an extension to a tower, if the extension is more than 5 metres high.

A facility cannot be a low-impact facility unless it is specified in this determination. Therefore, new mobile telecommunications towers are not low-impact facilities.

Also, a facility will be a low-impact facility only if it is installed in particular areas identified in this determination. The areas have an order of importance, based on zoning under State or Territory laws, so that any area only has its “highest” possible zoning. The order of priority is:

·           area of environmental significance

·           residential areas

·           commercial areas

·           industrial areas

·           rural areas.

One effect of this determination is that a facility in an area of environmental significance cannot be a low-impact facility.

Rules for the installation and maintenance of a low-impact facility can be found in Schedule 3 to the Telecommunications Act and the Telecommunications Code of Practice 1997.

 

Simplified outline of determination

The determination has 3 Parts.

Part 2 identifies areas in which a facility may be installed, by reference to zoning arrangements under State and Territory planning laws.

Part 3 and the Schedule identify the low-impact facilities.

Definitions for words and expressions used in this determination are to be found in section 1.3.

 

1.3  Definitions

                   In this determination:

Aboriginal person has the same meaning as in Schedule 3 to the Act.

Act means the Telecommunications Act 1997.

area of environmental significance has the meaning given by section 2.5.

building connection equipment means a facility which is:

                     (a)  installed in a multi-unit building; or

                     (b)  attached to a multi-unit building provided the installation occurs at any time during the Designated Installation Period;

and the facility is to be used (or intended to be used at some future time) by end users that are, or are to be, located in any of the following:

                     (a)  the building in which the facility is installed in or attached to;

                     (b)  nearby and related buildings.

co‑located facilities means one or more facilities installed on or within:

                     (a)  an original facility; or

                     (b)  a public utility structure.

co‑location volume means the volume of materials that constitute:

                     (a)  co‑located facilities; or

                     (b)  an original facility; or

                     (c)  a public utility structure;

where the materials are visible from a point outside the co‑located facilities, original facility, or public utility structure.

commercial area has the meaning given by section 2.1.

Designated Installation Period means the period of 12 months beginning on the day upon which the Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 2015) commences.

emergency, for the installation of a facility, means circumstances in which the facility must be installed without delay to protect:

                     (a)  the integrity of a telecommunications network or a facility; or

                     (b)  the health or safety of persons; or

                     (c)  the environment; or

                     (d)  property; or

                     (e)  the maintenance of an adequate level of service.

emergency services organisation has the same meaning as in subsection 265 (11) of the Act.

Note:          At the commencement of this determination, the emergency service organisations were:

·         a police force or service

·         a fire service

·         an ambulance service

·         a service specified in the numbering plan (see Act, s 455) as an emergency services organisation

·         a service for despatching the force or service.

HFC Trial Region means each of the following regions in which a construction and connection deployment trial of a hybrid fibre-coaxial network occurs:

                     (a)  Merrimac within the local government area of the City of Gold Coast, Queensland;

                     (b)  Redcliffe within the local government area of the Moreton Bay Regional Council, Queensland;

                     (c)  Slacks Creek within the local government area of the City of Logan, Queensland; and

                     (d)  Emu Plains within the local government area of the City of Penrith, New South Wales.

IEEE 1222‑2011 Standard means the Institute of Electrical and Electronics Engineers Standard – IEEE Standard for Testing and Performance for All Dielectric Self‑Supporting (ADSS) Fiber Optic Cable Use on Electric Utility Power Lines – IEEE 1222‑2011, as in force from time to time.

in‑building network equipment means equipment installed within a building for purposes other than directly supplying carriage services to end users.

in‑building subscriber connection equipment means a facility installed within a building:

                     (a)  with the aim of managing and maintaining the supply of carriage services to a customer of a carrier; or

                     (b)  that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications on a wholesale‑only and non‑discriminatory access basis, where the facility is to be used (or intended to be used at some future time) by end users of carriage services delivered by such a network.  For the avoidance of doubt, the end users are to be located in the building in which the facility is installed.

industrial area has the meaning given by section 2.2.

installation, for a facility, has the same meaning as in Part 1 of Schedule 3 to the Act.

Note:          Installation includes:

·         construction of the facility

·         attachment of the facility to a building or other structure

·         any activity ancillary to installation.

listed international agreement has the same meaning as in Schedule 3 to the Act.

Note:          Listed international agreements are agreements specified in the regulations.

national network means a network that has:

                     (a)  a geographic reach into every state or mainland territory;

                     (b)  a significant number of end users connected, or likely to be connected; and

                     (c)  importance to the national economy.

network termination unit means a device that converts an optical signal to an electrical signal.

optical fibre access terminal means a connector device that allows one or more individual fibres from an optical fibre line link to be connected to an optical fibre drop cable.

optical fibre drop cable means fibre cable (whether deployed overhead or underground) from the optical fibre access terminal to either:

                     (a)  the optical fibre termination box; or

                     (b)  the network termination unit.

optical fibre splice enclosure means an enclosure in which individual fibres from an optical fibre line link are separated out and spliced to an optical fibre drop cable or otherwise connected to an optical fibre access terminal.

optical fibre termination box (Type A) means an enclosure (and any associated devices) which is used to terminate an optical fibre drop cable (whether deployed overhead or underground) for the transition of that cable to another facility or in‑building cabling.

optical fibre termination box (Type B) means an enclosure (and any associated devices) which is used to terminate an optical fibre line link or optical fibre drop cable (whether deployed overhead or underground) for the transition of that line link or cable to another facility or in‑building cabling where it is attached to a multi‑unit building.

Nature Conservation Director means the Director of National Parks and Wildlife under the National Parks and Wildlife Conservation Act 1975.

original facility means the original structure that is currently used, or intended to be used, for connection to a telecommunications network where the original structure was:

                     (a)  in place on the date on which the Telecommunications (Low‑impact Facilities) Determination 1997 (Amendment No. 1 of 1999) took effect; or

                     (b)  installed after that date by means other than in accordance with Part 7 of the Schedule.

planning law, for an area, means a law of the State or Territory where the area is located dealing with land use, planning or zoning.

power supply means a device that connects a network termination unit to a supply of power.

principal designated use, for an area, has the meaning given by section 1.4.

public utility has the same meaning as in Schedule 3 to the Act.

public utility structure means a structure used, or for use, by a public utility, for the provision to the public of:

                     (a)  reticulated products or services, such as electricity, gas, water, sewerage or drainage; or

                     (b)  carriage services (other than carriage services supplied by a carriage service provider); or

                     (c)  transport services; or

                     (d)  a product or service of a kind that is similar to a product or service covered by paragraph (a), (b) or (c).

relevant local government authority, for land in a State or Territory, means an authority of the State or Territory responsible for the local government of the area where the land is located.

residential area has the meaning given by section 2.3.

rural area has the meaning given by section 2.4.

significant environmental disturbance means significant interference with the relationship between a species or community and its immediate environment or habitat and includes, for example, significant interference with identified flora and fauna, ecological communities, geological features, wilderness values or scientific values within an area.

subscriber connection means an installation for the sole purpose of connecting premises to a telecommunications network.

substantive volume means the size of a facility measured in three dimensions, without including the size of any ancillary fixings, protrusions, or other attachments of an incidental nature in this calculation.

Torres Strait Islander has the same meaning as in Schedule 3 to the Act.

tower means a tower, pole or mast.

Note:          A number of other words and expressions used in this determination are defined in the Telecommunications Act 1997 (see s 7), including ‘carrier’ and ‘facility’.

1.4  Principal designated use

             (1)  If an area is described, under a planning law, as having a sole or principal use, the use is the principal designated use of the area.

             (2)  If an area is described, under a planning law, as having 2 or more uses, in terms that show that 1 of the uses is the predominant, preferred or most likely use, the use is the principal designated use of the area.

             (3)  If an area is described, under a planning law, as having 2 or more principal uses, without any indication of the predominant, preferred or most likely use, the principal designated use of the area is determined on the following basis:

                     (a)  if the uses include residential purposes, the principal designated use is for residential purposes;

                     (b)  if the uses include commercial purposes, but not residential purposes, the principal designated use is for commercial purposes;

                     (c)  if the uses include industrial purposes, but neither residential nor commercial purposes, the principal designated use is for industrial purposes.

             (4)  If a carrier proposes to engage in a low‑impact facility activity in an area under Chapter 4 of the Telecommunications Code of Practice 1997, the principal designated use of the area is to be determined by reference to the time when the carrier proposes to issue the first notice to the owner or occupier of land in the area under Part 5 of that Chapter.

Note:          Areas of environmental significance are identified in accordance with section 2.5, not by reference to planning laws.

                   The effect of this determination is that an area may be an area of environmental significance, and also a residential, commercial, industrial or rural area identified by reference to planning laws. However, the area’s status as an area of environmental significance is more important for the identification of low‑impact facilities.

Part 2Areas

2.1  Commercial area

                   An area is a commercial area if its principal designated use is for commercial purposes.

Note:          The use of an area is to be assessed at the time mentioned in subsection 1.4 (4).

2.2  Industrial area

                   An area is an industrial area if its principal designated use is for industrial purposes.

Note:          The use of an area is to be assessed at the time mentioned in subsection 1.4 (4).

2.3  Residential area

             (1)  An area is a residential area if its principal designated use is for residential purposes.

             (2)  A part of a built‑up area is a residential area if it cannot otherwise be described as a commercial, industrial or rural area.

Note:          The use of an area is to be assessed at the time mentioned in subsection 1.4 (4).

2.4  Rural area

             (1)  An area is a rural area if its principal designated use is for rural purposes.

             (2)  An area that is not part of a built‑up area is a rural area if it cannot otherwise be described as a commercial, industrial or residential area.

Note:          The use of an area is to be assessed at the time mentioned in subsection 1.4 (4).

2.5  Area of environmental significance

             (1)  An area is an area of environmental significance if it is identified property for section 3A of the World Heritage Properties Conservation Act 1983.

             (2)  An area is an area of environmental significance if it is an identified property (within the meaning of section 3A of the World Heritage Properties Conservation Act 1983).

             (3)  An area is an area of environmental significance if it is a place that Australia is required to protect by the terms of a listed international agreement.

             (4)  An area is an area of environmental significance if, under a law of the Commonwealth, a State or a Territory:

                     (a)  it is designated as a reserve for nature conservation purposes; and

                     (b)  the principal purpose of the designated reserve is for nature conservation.

             (5)  An area is an 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.

             (6)  An area is an area of environmental significance if it is entered in the Register of the National Estate or the Interim List for that Register.

             (7)  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.

             (8)  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 3Low‑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)  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.

 


ScheduleFacilities and areas

(section 3.1)

Part 1Radio facilities

 

Column 1
Item no.

Column 2
Facility

Column 3
Areas

1

Subscriber connection deployed by radio or satellite terminal antenna or dish:

(a) not more than 1.2 metres in diameter; and

(b) either:

(i) colour‑matched to its background; or

(ii) in a colour agreed in writing between the carrier and the relevant local authority

Residential

Commercial

Industrial

Rural

1A

Subscriber connection deployed by radio or satellite terminal antenna or dish:

(a) not more than 1.8 metres in diameter; and

(b) either:

(i) colour‑matched to its background; or

(ii) in a colour agreed in writing between the carrier and the relevant local government authority

Industrial

Rural

 

2

Panel, yagi or other like antenna:

(a) flush mounted to an existing structure; and

(b) either:

(i) colour‑matched to its background; or

(ii) in a colour agreed in writing between the carrier and the relevant local authority

Residential

Commercial

Industrial

Rural

3

Panel, yagi or other like antenna:

(a) not more than 2.8 metres long; and

(b)        if the antenna is attached to a structure—protruding from the structure by not more than 3 metres; and

Residential

Commercial

Industrial

Rural

 

(c) either:

(i) colour‑matched to its background; or

(ii) in a colour agreed in writing between the carrier and the relevant local authority

 

4

An omnidirectional antenna or an array of omnidirectional antennas:

(a) not more than 4.5 metres long; and

(b) not more than 5 metres apart; and

(c) if the array is attached to a structure—protruding from the structure by not more than 2 metres

Industrial

Rural

5

Radiocommunications dish:

(a) not more than 1.2 metres in diameter; and

(b) either:

(i) colour‑matched to its background; or

(ii) in a colour agreed in writing between the carrier and the relevant local government authority; and

(c) if attached to a supporting structure, the total protrusion from the structure is not more than 2 metres

Residential

Commercial

Industrial

Rural

5A

Radiocommunications dish:

(a) not more than 1.8 metres in diameter; and

(b) either:

(i) colour‑matched to its background; or

(ii) in a colour agreed in writing between the carrier and the relevant local government authority

Industrial

Rural

6

Microcell installation with:

(a) a cabinet not more than 1 cubic metre in volume; and

(b) a separate antenna not more than 1 metre long

Residential

Commercial

Industrial

Rural

7

In‑building coverage installation:

(a) to improve cellular coverage to mobile phone users operating inside a building; and

(b) wholly contained and concealed in a building

Residential

Commercial

Industrial

Rural

8

Equipment installed inside a structure, including an antenna concealed in an existing structure

Commercial

Industrial

Rural

9

An extension to a tower if:

(a) the height of the extension does not exceed 5 metres; and

(b) there have been no previous extensions to the tower

Industrial

Rural

Part 2Underground housing

 

Column 1
Item no.

Column 2
Facility

Column 3
Areas

1

Pit with surface area of not more than 2 square metres

Residential

Commercial

Industrial

Rural

2

Manhole with surface area of not more than 2 square metres

Residential

Commercial

Industrial

Rural

3

Underground equipment shelter or housing with surface area of not more than 2 square metres

Residential

Commercial

Industrial

Rural

Part 3Above ground housing

 

Column 1
Item no.

Column 2
Facility

Column 3
Areas

1

Pillar:

(a) not more than 2 metres high; and

(b) with a base area of not more than 2 square metres

Residential

Commercial

Industrial

Rural

2

Roadside cabinet:

(a) not more than 2 metres high; and

(b) with a base area of not more than 2 square metres

Residential

Commercial

Industrial

Rural

3

Pedestal:

(a) not more than 2 metres high; and

(b) with a base area of not more than 2 square metres

Residential

Commercial

Industrial

Rural

4

equipment shelter:

(a) not more than 2.5 metres high; and

(b) with a base area of not more than 5 square metres; and

(c) either:

(i) colour‑matched to its background; or

(ii) in a colour agreed in writing between the carrier and the relevant local authority

Residential

Commercial

Industrial

Rural

5

equipment shelter:

(a) used solely to house equipment used to assist in providing a service by means of a facility mentioned in Part 1; and

(b) not more than 3 metres high; and

(c) with a base area of not more than 7.5 square metres; and

(d) either:

(i) colour‑matched to its background; or

(ii) in a colour agreed in writing between the carrier and the relevant local authority

Residential

Commercial

Industrial

Rural

6

In‑building subscriber connection equipment

Residential

Commercial

Industrial

Rural

7

Solar panel with a base area of not more than 7.5 square metres

Rural

8

Building connection equipment:

(a) the substantive volume of which is not more than 0.59 cubic metres; and

(b) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis; and

(c) that is installed at any time during the Designated Installation Period.

Residential

Commercial

Industrial

Rural

9

In-building network equipment:

(a) the substantive volume of which is not more than 0.59 cubic metres; and

(b) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis; and

(c) that is installed at any time during the Designated Installation Period.

Residential

Commercial

Industrial

Rural

Part 4Underground cable facilities

 

Column 1
Item no.

Column 2
Facility

Column 3
Areas

1

Underground conduit or cable deployed by:

(a) narrow trench not more than:

(i) 450 millimetres wide; or

(ii) 650 millimetres wide if intended to be used by more than one carrier; or

(b) direct burial; or

(c) bore or directional drill hole at least 600 millimetres below the surface;

where:

(d) access to business premises is not restricted between the hours of 8 am and 6 pm, Monday to Friday, or such other hours agreed to by the relevant local government authority; and

(e) in relation to residential areas, not more than 100 metres of excavation is left open for each trench at any time and vehicle access to each property is not lost for more than 8 hours in total.

Residential

Commercial

Industrial

Rural

2

Conduit or cabling to be laid in:

(a) an existing trench; or

(b) a trench created by a developer, relevant local government authority, public utility or carrier.

Residential

Commercial

Industrial

Rural

3

Cable location marking post or sign

Residential

Commercial

Industrial

Rural

4

Underground optical fibre splice enclosure:

(a) forming part of (or integrated with) a cable; and

(b) the substantive volume of which is not more than 0.046 cubic metres.

Residential

Commercial

Industrial

Rural

5

Underground optical fibre access terminal:

(a) the substantive volume of which is not more than 0.02 cubic metres.

Residential

Commercial

Industrial

Rural

6

Underground hybrid fibre-coaxial network equipment:

(a) the substantive volume of which is not more than 0.23 cubic metres;

(b) that is installed at any time during the Designated Installation Period; and

(c) that is, or is to be, part of a national network, used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Each of the following areas situated in a HFC Trial Region:

- Residential

- Commercial

- Industrial

- Rural

Part 4AAbove ground optical fibre facilities

 

Column 1
Item no.

Column 2
Facility

Column 3
Areas

1

A single optical fibre line link or a bundle of optical fibre line links:

(a) suspended above the surface of:

(i) land (other than submerged land); or

(ii) a river, lake, tidal inlet, bay, estuary, harbour or other body of water; or

(b) protruding from the surface of land (other than submerged land); and

(c) the maximum external cross‑section of any part is:

(i) in the case of a single line link—30 millimetres;

(ii) in the case of a bundle (of optical fibre line links)—30 millimeters;

(d) deployed on, or attached to, a public utility structure, building or other structure; and

(e) has electrical properties consistent with those specified for cables set out in the IEEE 1222‑2011 Standard; and

(f) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale‑only and non‑discriminatory basis.

Residential

Commercial

Industrial

Rural

2

Optical fibre splice enclosure:

(a) suspended above the surface of:

(i) land (other than submerged land); or

(ii) a river, lake, tidal inlet, bay, estuary, harbour or other body of water; and

(b) either:

(i) forming part of (or integrated with) a cable; or

(ii) clamped to, strung from, or otherwise mounted on a public utility structure, building or other structure;

(c) the substantive volume of which is not more than 0.046 cubic metres; and

(d) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale‑only and non‑discriminatory basis.

Residential

Commercial

Industrial

Rural

3

Optical fibre access terminal:

(a) suspended above the surface of:

(i) land (other than submerged land); or

(ii) a river, lake, tidal inlet, bay, estuary, harbour or other body of water; and

(b) clamped to, strung from, or otherwise mounted on a public utility structure, building or structure;

(c) the substantive volume of which is not more than 0.02 cubic metres; and

(d) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale‑only and non‑discriminatory basis.

Residential

Commercial

Industrial

Rural

4

A single optical fibre drop cable or a bundle of optical fibre drop cables:

(a) suspended above the surface of:

(i) land (other than submerged land); or

(ii) a river, lake, tidal inlet, bay, estuary, harbour or other body of water; or

(b) protruding from the surface of land (other than submerged land); and

(c) either:

(i) clamped to an electrical drop cable or other cable; or

(ii) strung from a public utility structure, building or other structure; and

(d) attached to a building or other structure for the purposes of a subscriber connection;

(e) the maximum external cross‑section of any part is:

(i) in the case where a single drop cable is attached to a single‑unit building—13 millimetres; or

(ii) in the case where a bundle (of optical fibre drop cables) is attached to a single‑unit building—13 millimetres; or

(iii) in the case where a single drop cable is attached to a multi‑unit building—30 millimetres; or

(iv) in the case where a bundle (of optical fibre drop cables) is attached to a multi‑unit building—30 millimetres; and

(g) has electrical properties consistent with those specified for cables set out in the IEEE 1222‑2011 Standard); and

Residential

Commercial

Industrial

Rural

 

(h) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale‑only and non‑discriminatory basis.

 

5

Optical fibre termination box (Type A):

(a) attached to a building or other structure for the purposes of a subscriber connection;

(b) the substantive volume of which is not more than 0.005 cubic metres; and

(c) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale‑only and non‑discriminatory basis.

Residential

Commercial

Industrial

Rural

6

Optical fibre termination box (Type B):

(a) attached to a multi‑unit building;

(b) the substantive volume of which is not more than 0.04 cubic metres; and

(c) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale‑only and non‑discriminatory basis.

Residential

Commercial

Industrial

Rural

7

Network termination unit:

(a) attached to a building or other structure for the purposes of a subscriber connection;

(b) the substantive volume of which is not more than 0.02 cubic metres; and

(c) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale‑only and non‑discriminatory basis.

Residential

Commercial

Industrial

Rural

8

Power supply:

(a) attached to a building or other structure for the purposes of a subscriber connection;

(b) the substantive volume of which is not more than 0.005 cubic metres; or

(c) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale‑only and non‑discriminatory basis.

Residential

Commercial

Industrial

Rural

Part 4BAbove ground hybrid fibre-coaxial facilities

 

 

Column 1
Item no.

Column 2
Facility

Column 3
Areas

 

1

A single line link or bundle of line links (comprised of coaxial cables and/or optical fibre cables):

(a) suspended above the surface of:

(i)   land (other than submerged land); or

(ii)  a river, lake, tidal inlet, bay, estuary, harbour or other body of water; or

(b) protruding from the surface of land (other than submerged land);

(c) the maximum external cross-section of any part is:

(i)   in the case of a single line link -  30 millimetres;

(ii)  in the case of a bundle (of coaxial cables and/or optical fibre line links) – 30 millimetres;

(d) deployed on, or attached to, a public utility structure, building or other structure;

(e) that is installed at any time during the Designated Installation Period; and

(f) that is, or is to be, part of a national network, used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.  

Each of the following areas situated in a HFC Trial Region:

- Residential

- Commercial

- Industrial

- Rural

 

2

Optical node device:

(a) which converts optical signals from:

(i)   a fibre cable or cables into electrical signals for distribution over a coaxial cable or cables;  and

(ii)  a coaxial cable or cables into electrical signals for distribution over a fibre cable or cables;

(b) either:

(i)   clamped to, strung from or otherwise affixed to a cable; or

(ii)  clamped to, strung from, or otherwise mounted on a public utility structure, building or other structure;

(c) the substantive volume of which is not more than 0.043 cubic metres;

(d) that is installed at any time during the Designated Installation Period; and

(e) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Each of the following areas situated in a HFC Trial Region:

- Residential

- Commercial

- Industrial

- Rural

 

3

Hybrid fibre-coaxial amplifier:

(a) which amplifies electrical signals over a coaxial cable or cables;

(b) either:

(i)   clamped to, strung from or otherwise affixed to a cable; or

(ii)  clamped to, strung from, or otherwise mounted on a public utility structure, building or other structure;

(c) the substantive volume of which is not more than 0.013 cubic metres;

(d) that is installed at any time during the Designated Installation Period; and

(e) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Each of the following areas situated in a HFC Trial Region:

- Residential

- Commercial

- Industrial

- Rural

 

4

Hybrid fibre-coaxial outdoor tap:

(a) which, as a passive device, allows connection of a main coaxial cable to a lead-in cable;

(b) which terminates into a hybrid fibre-coaxial drop cable using a standard connector; 

(c) either:

(i)   clamped to, strung from or otherwise affixed to a cable; or

(ii)  clamped to, strung from, or otherwise mounted on a public utility structure, building or other structure;

(d) the substantive volume of which is not more than 0.002 cubic metres;

(e) that is installed at any time during the Designated Installation Period; and

(f) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Each of the following areas situated in a HFC Trial Region:

- Residential

- Commercial

- Industrial

- Rural

5

A single hybrid fibre-coaxial drop cable or a bundle of hybrid fibre-coaxial drop cables:

(a) suspended above the surface of:

(i)   land (other than submerged land); or

(ii)  a river, lake, tidal inlet, bay, estuary, harbour or other body of water; or

(b) protruding from the surface of land (other than submerged land);

Each of the following areas situated in a HFC Trial Region:

- Residential

- Commercial

- Industrial

- Rural

 

(c) either:

(i)   clamped to an electrical drop cable or other cable; or

(ii)  strung from a public utility structure, building or other structure; and

(d) attached to a building or other structure for the purposes of a subscriber connection;

(e) the maximum external cross-section of any part is:

(i)   in the case where a single drop cable is attached to a single-unit building—13 millimetres; or

(ii)  in the case where a bundle (of drop cables)  is attached to a single-unit building—13 millimetres; or

(iii) in the case where a single drop cable is attached to a multi-unit building—30 millimetres; or

(iv) in the case where a bundle of drop cables is attached to a multi-unit building—30 millimetres;

(f) that is installed at any time during the Designated Installation Period; and

(g) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

 

6

Premises connection device:

(a) attached to a building or other structure for the purposes of a subscriber connection;

(b) the substantive volume of which is not more than 0.007 cubic metres;

(c)  connected to a hybrid fibre-coaxial cable or bundle of cables;

(d) that is installed at any time during the Designated Installation Period; and

(e)  that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Each of the following areas situated in a HFC Trial - - Region:

- Residential

- Commercial

- Industrial

- Rural

7

Hybrid fibre-coaxial power supply:

(a) clamped to, strung from, or otherwise mounted on a public utility structure, building or other structure for the purposes of powering an optical node device or hybrid fibre-coaxial amplifier;

(b) the substantive volume of which is not more than 0.15 cubic metres;

(c) that is installed at any time during the Designated Installation Period; and

Each of the following areas situated in a HFC Trial Region:

- Residential

- Commercial

- Industrial

- Rural

 

(d) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

 

8

Auxiliary hybrid fibre-coaxial equipment (Type A)

(a) which:

(i)   connects a coaxial cable ;or

(ii)  isolates a coaxial cable; or

(iii) splits a coaxial cable;

(b) the substantive volume of which is not more than 0.002 cubic metres;

(c) that is installed at any time during the Designated Installation Period; and

(d) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Each of the following areas situated in a HFC Trial Region:

- Residential

- Commercial

- Industrial

- Rural

9

Auxilliary hybrid fibre-coaxial equipment (Type B):

(a) which is used to:

(i)   inject power into coaxial cable; or

(ii)  balance the distribution of power and radio frequency budget of a hybrid fibre-coaxial network; or

(iii) actively manage the operational elements of a hybrid fibre-coaxial network;

(b) the substantive volume of which is not more than 0.002 cubic metres;

(c) that is installed at any time during the Designated Installation Period; and

(d) that is, or is to be, part of a national network used, or for use, for the high speed carriage of communications, on a wholesale-only and non-discriminatory basis.

Each of the following areas situated in a HFC Trial Region:

- Residential

- Commercial

- Industrial

- Rural

 

Part 5Public payphones

 

Column 1
Item no.

Column 2
Facility

Column 3
Areas

1

Public payphone cabinet or booth:

(a) used solely for carriage and content services; and

(b) not designed for other uses (for example, as a vending machine); and

(c) not fitted with devices or facilities for other uses; and

(d) not used to display commercial advertising other than advertising related to the supply of standard telephone services

Residential

Commercial

Industrial

Rural

2

Public payphone instrument:

(a) used solely for carriage and content services; and

(b) not designed for other uses (for example, as a vending machine); and

(c) not fitted with devices or facilities for other uses; and

(d) not used to display commercial advertising other than advertising related to the supply of standard telephone services or displayed as part of the supply of a content service

Residential

Commercial

Industrial

Rural

Part 6Emergency facilities

 

Column 1
Item no.

Column 2
Facility

Column 3
Areas

1

A temporary facility installed:

(a) in an emergency; and

(b) to provide assistance to an emergency services organisation

Residential

Commercial

Industrial

Rural

Part 7Co‑located facilities

 

Column 1
Item no.

Column 2
Facility

Column 3
Areas

1

Facility mentioned in:

(a) Part 1, 5 or 6; or

(b) item 3 of Part 4;

installed on or within:

(c) an original facility; or

(d) a public utility structure

Industrial

Rural

2

Facility mentioned in:

(a) Part 1, 5 or 6; or

(b) item 3 of Part 4;

installed on or within:

(c) an original facility; or

(d) a public utility structure;

where:

(e) the total co‑location volume of the co‑located facilities is no more than 25 per cent greater than the volume of the original facility or the original infrastructure; and

(f) the levels of noise that are likely to result from the operation of the co‑located facilities are less than or equal to the levels of noise that resulted from the operation of the original facility or the public utility structure

Residential

Commercial

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

Endnote 2—Abbreviation key

 

A = Act

orig = original

ad = added or inserted

par = paragraph(s)/subparagraph(s)

am = amended

    /sub‑subparagraph(s)

amdt = amendment

pres = present

c = clause(s)

prev = previous

C[x] = Compilation No. x

(prev…) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

    effect

rs = repealed and substituted

F = Federal Register of Legislative Instruments

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LI = Legislative Instrument

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment

SR = Statutory Rules

mod = modified/modification

Sub‑Ch = Sub‑Chapter(s)

No. = Number(s)

SubPt = Subpart(s)

o = order(s)

underlining = whole or part not

Ord = Ordinance

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

FRLI registration

Commencement

Application, saving and transitional provisions

Telecommunications (Low-impact Facilities)Determination 1997

30 June 1997 (gaz 1997, No S250)

1 July 1997

 

Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 1999)

17 Aug 1999 (gaz 1999, No S377)

17 Aug 1999

Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 2011)

15 Dec 2011 (F2011L02696)

16 Dec 2011

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

22 Nov 2012 (F2012L02218)

23 Nov 2012

Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 2015)

1 Apr 2015 (F2015L00456)

2 Apr 2015 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 1.2..................................

am 2011 No 1

s 1.3..................................

am 1999 No 1; 2011 No 1; 2015, No 1

Part 2

 

s 2.5..................................

am 1999 No 1

Part 3

 

s 3.1..................................

am 1999 No 1; 2012 No 1

Schedule

 

Part 1

 

Part 1.................................

am 1999 No 1

Part 3

 

Part 3.................................

am 1999 No 1; 2011 No 1; 2015, No 1

Part 4

 

Part 4.................................

am 1999 No 1; 2011 No 1; 2015, No 1

Part 4A

 

Part 4A..............................

ad 2011 No 1; 2015, No 1

Part 4B

 

Part 4B...............................

ad 2015, No 1

Part 5

 

Part 5.................................

am 1999 No 1

Part 7

 

Part 7.................................

am 1999 No 1; 2011 No 1