Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Instrument 2021
made under paragraphs 372K(1)(b), (c), (d), (e) and (f) of the
Telecommunications Act 1997
Compilation No. 1
Compilation date: 7 July 2021
Includes amendments up to: F2021L00962
Registered: 6 August 2021
About this compilation
This compilation
This is a compilation of the Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Instrument 2021 that shows the text of the law as amended and in force on 7 July 2021 (the compilation date).
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 the Legislation Register (www.legislation.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 the Legislation Register 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.
Editorial changes
For more information about any editorial changes made in this compilation, see 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 the Legislation Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
1............ Name............................................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Interpretation................................................................................................................. 1
5............ Exempt real estate development projects........................................................................ 2
6............ Repeal............................................................................................................................ 3
Endnotes 4
Endnote 1—About the endnotes 4
Endnote 2—Abbreviation key 5
Endnote 3—Legislation history 6
Endnote 4—Amendment history 7
1 Name
This instrument is the Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Instrument 2021.
3 Authority
This instrument is made under paragraphs 372K(1)(b), (c), (d), (e) and (f) of the Telecommunications Act 1997.
4 Interpretation
(1) In this Instrument:
electrical supply network infrastructure does not include any infrastructure directly forming part of an electrical transmission grid.
NBN Co means NBN Co Limited (ACN 136 533 741), as the company exists from time to time (even if its name is later changed).
NBN Co fixed-line network has the same meaning as in the Telecommunications (Migration Plan Principles) Determination 2015 published on the Department’s website.
region ready for service date in relation to a rollout region, means the date published by NBN Co on its website as the disconnection commencement date for that region.
rollout region means a geographic region with an ascertainable boundary that has been determined by NBN Co within which the NBN Co fixed-line network is deployed or planned to be deployed.
(2) The street frontage distance of a building lot is:
(a) for a building lot which is a battle-axe block — the distance of the rear side of the building lot running parallel to the public street;
(b) for a building lot that has more than one street frontage — the distance of the longest side of the boundary lot facing a public street; and
(c) in all other cases—the distance of the side of the building lot facing a public street.
Note 1: Several other words and expressions used in this Instrument have the meaning given by section 7 of the Act (see subsection 13(1) of the Legislation Act 2003). For example:
· building lot
· building unit
· facility
· project area
· real estate development project.
Note 2: The term ‘proximity’ has the same meaning as in section 372Y of the Act (subsection 13(1) of the Legislation Act 2003).
5 Exempt real estate development projects
(1) Pursuant to paragraph 372K(1)(b) of the Act, a real estate development project ascertained in accordance with the following table, is exempt from the requirements in sections 372E, 372F, 372G and 372H of the Act, provided that subsection (2) is satisfied.
| Item | Exemption |
| 1 | Any real estate development project in which (at the relevant time): (a) either: (i) the only kind of utility infrastructure installed or planned to be installed in proximity to each building lot situated in the project area is substantially above-ground electricity lines that form part of electrical supply network infrastructure (other than electrical lead-ins to each building unit); or (ii) there is no kind of utility infrastructure installed or planned to be installed in proximity to each building lot situated in the project area; (b) there is no kerb and channelling constructed (or planned to be constructed) in proximity to each building lot situated in the project area; (c) the average length of the street frontages of the building lots within the project is 60 metres or greater; and (d) no part of the project area is located inside an NBN Co fixed-line network rollout region in which the region ready for service date: (i) has occurred; or (ii) will occur within 3 years from the date the project received planning approval or consent under the applicable State or Territory law, as based on public announcements made by NBN Co or information provided by NBN Co to the person responsible for the project. Note: Subsection 13(3) of the Legislation Act 2003 allows specification of matters by class or classes of matters. |
(2) The person responsible for the real estate development project (or a person on its behalf) has provided to the Secretary of the Department a written notice setting out the following details about the project for which the exemption under this Instrument is claimed:
(a) the name of the development (if available);
(b) the development’s stage name or number (if available);
(c) the development type, in terms of whether it is ‘residential’, ‘commercial’, ‘industrial’, ‘mixed development’, ‘public/private institution’ or ‘other’;
(d) the total estimated number of building lots or building units in the development;
(e) the average length of the street frontages of the building lots within the development; and
(f) any of the following:
(i) the location and boundary of the development; or
(ii) the lot/plan number of the development; or
(iii) the address of the development.
6 Repeal
This instrument is repealed the day after the end of the period of 3 years beginning on the day this instrument commences.
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
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.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
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 abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Instrument 2021 | 8 Feb 2021 (F2021L00105) | 1 Jan 2021 (s 2(1) item 1) | |
| Telecommunications (Fibre-ready Facilities — Exempt Real Estate Development Projects) Amendment Instrument 2021 | 6 July 2021 (F2021L00962) | 7 July 2021 (s 2(1) item 1) | |
Endnote 4—Amendment history
| Provision affected | How affected |
| s 2........................................ | rep LA s 48D |
| s 6........................................ | ad F2021L00962 |