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Schedule 2—Temporary facilities

Schedule 2 Temporary facilities

   

Telecommunications Act 1997

1  Clause 2 of Schedule 3

Insert:

high-demand holiday period means:

                     (a)  a period of a single day; or

                     (b)  a period of 2 or more consecutive days;

where that day, or each of those days, as the case may be, is:

                     (c)  a public holiday, or a public school holiday, in any State or internal Territory; or

                     (d)  a Saturday or a Sunday of a weekend immediately preceding a Monday that is a public holiday, or public school holiday, in any State or internal Territory; or

                     (e)  a Saturday or a Sunday of a weekend next following a Friday that is a public holiday, or public school holiday, in any State or internal Territory.

public land means land that:

                     (a)  is the property of:

                              (i)  the Commonwealth, a State or a Territory; or

                             (ii)  a local government body; or

                            (iii)  an authority of the Commonwealth or of a State or Territory; and

                     (b)  is a public place.

2  Paragraphs 6(5)(a) and (b) of Schedule 3

Repeal the paragraphs, substitute:

                     (a)  both:

                              (i)  the tower is attached to a building; and

                             (ii)  the height of the tower does not exceed 5 metres; or

                     (b)  the following conditions are satisfied:

                              (i)  the tower is a temporary facility that is installed to minimise disruption to the supply of a carriage service that might result from the maintenance of another facility;

                             (ii)  in a case where the tower is installed in a rural area (within the meaning of the instrument)—the height of the tower does not exceed 30 meters or the height of the other facility, whichever is the higher;

                            (iii)  in a case where the tower is not installed in a rural area (within the meaning of the instrument)—the height of the tower does not exceed 30 metres;

                            (iv)  in a case where it is practicable to achieve the purpose mentioned in subparagraph (i) by installing the tower on the land on which the other facility is located—the tower is installed on that land;

                             (v)  in a case where subparagraph (iv) does not apply, but it is practicable to achieve the purpose mentioned in subparagraph (i) by installing the tower on public land—the tower is installed on public land;

                            (vi)  in a case where neither subparagraph (iv) nor (v) applies—the tower is installed in the vicinity of the other facility; or

                     (c)  the following conditions are satisfied:

                              (i)  the tower is a temporary facility that is installed to minimise disruption to the supply of a carriage service that might result from carrying out the replacement of another facility;

                             (ii)  in a case where the tower is installed in a rural area (within the meaning of the instrument)—the height of the tower does not exceed 30 meters or the height of the other facility, whichever is the higher;

                            (iii)  in a case where the tower is not installed in a rural area (within the meaning of the instrument)—the height of the tower does not exceed 30 metres;

                            (iv)  in a case where it is practicable to achieve the purpose mentioned in subparagraph (i) by installing the tower on the land on which the other facility is located—the tower is installed on that land;

                             (v)  in a case where subparagraph (iv) does not apply, but it is practicable to achieve the purpose mentioned in subparagraph (i) by installing the tower on public land—the tower is installed on public land;

                            (vi)  in a case where neither subparagraph (iv) nor (v) applies—the tower is installed in the vicinity of the other facility; or

                     (d)  the following conditions are satisfied:

                              (i)  the tower is a temporary facility that is installed to provide additional capacity to supply carriage services to persons who are attending an event at a venue;

                             (ii)  the height of the tower does not exceed 30 metres;

                            (iii)  in a case where it is practicable to achieve the purpose mentioned in subparagraph (i) by installing the tower on the land on which the venue is located—the tower is installed on that land;

                            (iv)  in a case where subparagraph (iii) does not apply, but it is practicable to achieve the purpose mentioned in subparagraph (i) by installing the tower on public land—the tower is installed on public land;

                             (v)  in a case where neither subparagraph (iii) nor (iv) applies—the tower is installed in the vicinity of the venue; or

                     (e)  the following conditions are satisfied:

                              (i)  the tower is a temporary facility that is installed to provide additional capacity to supply carriage services to persons who are attending any or all of 2 or more events at a venue;

                             (ii)  the intervals between those events are not longer than 28 days;

                            (iii)  the height of the tower does not exceed 30 metres;

                            (iv)  in a case where it is practicable to achieve the purpose mentioned in subparagraph (i) by installing the tower on the land on which the venue is located—the tower is installed on that land;

                             (v)  in a case where subparagraph (iv) does not apply, but it is practicable to achieve the purpose mentioned in subparagraph (i) by installing the tower on public land—the tower is installed on public land;

                            (vi)  neither subparagraph (iv) nor (v) applies—the tower is installed in the vicinity of the venue; or

                      (f)  the following conditions are satisfied:

                              (i)  the tower is a temporary facility installed to provide additional capacity to supply carriage services to persons who are physically present in a particular area during a high-demand holiday period;

                             (ii)  the height of the tower does not exceed 30 metres;

                            (iii)  the tower is installed on public land; or

                     (g)  the tower is a temporary facility that is installed wholly or partly to provide capacity to supply carriage services to one or more emergency services organisations (within the meaning of the instrument) so that those organisations can deal with an emergency or natural disaster.

3  After subclause 6(5) of Schedule 3

Insert:

          (5A)  For the purposes of paragraph (5)(b), maintenance has the same meaning as in clause 7.

          (5B)  For the purposes of paragraphs (5)(d) and (e), each of the following is an example of an event:

                     (a)  a sporting event;

                     (b)  a musical event;

                     (c)  a cultural event.

          (5C)  For the purposes of paragraphs (5)(b), (c), (d), (e) and (f), the height of a tower or facility is the distance between:

                     (a)  the top of the tower or facility; and

                     (b)  ground level.

4  After subclause 7(3) of Schedule 3

Insert:

          (3A)  A reference in this clause to the maintenance of a facility (the original facility ) includes a reference to the installation of a temporary facility (other than a tower within the meaning of subclause 6(5)), where the following conditions are satisfied:

                     (a)  the temporary facility is installed to minimise disruption to the supply of a carriage service that might result from the maintenance of the original facility;

                     (b)  in a case where it is practicable to achieve the purpose mentioned in paragraph (a) by installing the temporary facility on the land on which the original facility is located—the temporary facility is installed on that land;

                     (c)  in a case where paragraph (b) does not apply, but it is practicable to achieve the purpose mentioned in paragraph (a) by installing the temporary facility on public land—the temporary facility is installed on public land;

                     (d)  in a case where neither paragraph (b) nor (c) applies—the temporary facility is installed in the vicinity of the original facility.

5  After clause 8 of Schedule 3

Insert:

8A   Carrier to remove temporary facilities

             (1)  If:

                     (a)  a carrier installs a low-impact facility under Division 3; and

                     (b)  the installation is covered by paragraph 6(5)(b);

the carrier must remove the facility within 28 days after the completion of the maintenance mentioned in that paragraph.

             (2)  If:

                     (a)  a carrier installs a low-impact facility under Division 3; and

                     (b)  the installation is covered by paragraph 6(5)(c);

the carrier must remove the facility within 28 days after the completion of the replacement mentioned in that paragraph.

             (3)  If:

                     (a)  a carrier installs a low-impact facility under Division 3; and

                     (b)  the installation is covered by paragraph 6(5)(d);

the carrier must remove the facility within 28 days after the end of the event mentioned in that paragraph.

             (4)  If:

                     (a)  a carrier installs a low-impact facility under Division 3; and

                     (b)  the installation is covered by paragraph 6(5)(e);

the carrier must remove the facility within 28 days after the end of the last of the events mentioned in that paragraph.

             (5)  If:

                     (a)  a carrier installs a low-impact facility under Division 3; and

                     (b)  the installation is covered by paragraph 6(5)(g);

the carrier must remove the facility within 28 days after the facility ceases to be needed to provide capacity to supply carriage services to one or more emergency services organisations (within the meaning of that paragraph) so that those organisations can deal with an emergency or natural disaster.

             (6)  If:

                     (a)  a carrier installs a facility under Division 4; and

                     (b)  the installation is covered by subclause 7(3A);

the carrier must remove the facility within 28 days after the completion of the maintenance mentioned in paragraph 7(3A)(a).

             (7)  For the purposes of this clause, low-impact facility has the same meaning as in clause 6.

8B   Low-impact facility installed at or near a venue—annual limit

             (1)  If:

                     (a)  a carrier installs one or more low-impact facilities at a particular place under Division 3; and

                     (b)  those installations are covered by paragraph 6(5)(d) or (e);

the carrier must ensure that the total number of days in a calendar year on which those facilities remain at that place does not exceed 183.

             (2)  For the purposes of this clause, low-impact facilities has the same meaning as in clause 6.

8C   Low-impact facility installed to provide additional capacity during a high-demand holiday period—annual limit

             (1)  If:

                     (a)  a carrier installs one or more low-impact facilities at a particular place under Division 3; and

                     (b)  the installation is covered by paragraph 6(5)(f);

the carrier must ensure that the total number of days in a calendar year on which those facilities remain at that place does not exceed 90.

             (2)  For the purposes of this clause, low-impact facilities has the same meaning as in clause 6.

6  Clause 9 (heading) of Schedule 3

Repeal the heading, substitute:

9   Carrier to restore land—general

7  After clause 9 of Schedule 3

Insert:

9A   Carrier to restore land—removal of temporary facilities

             (1)  If:

                     (a)  a carrier installs a low-impact facility under Division 3 on particular land; and

                     (b)  the installation of the facility is covered by paragraph 6(5)(b), (c), (d), (e), (f) or (g); and

                     (c)  the carrier removes the facility;

the carrier must take all reasonable steps to ensure that the land is restored to a condition that is similar to its condition before the installation began.

             (2)  If:

                     (a)  a carrier installs a facility under Division 4 on particular land; and

                     (b)  the installation of the facility is covered by subclause 7(3A); and

                     (c)  the carrier removes the facility;

the carrier must take all reasonable steps to ensure that the land is restored to a condition that is similar to its condition before the installation began.

             (3)  If the installation of the facility is covered by paragraph 6(5)(b), (c), (d), (e), (f) or (g), the carrier must take all reasonable steps to ensure that the restoration begins within 10 business days after the removal of the facility.

             (4)  If the installation of the facility is covered by subclause 7(3A), the carrier must take all reasonable steps to ensure that the restoration begins within 10 business days after the removal of the facility.

             (5)  The rule in subclause (3) or (4) does not apply if the carrier agrees with:

                     (a)  the owner of the land; and

                     (b)  if the land is occupied by a person other than the owner—the occupier;

to commence restoration at a time after the end of that period of 10 business days.

             (6)  For the purposes of this clause, low-impact facility has the same meaning as in clause 6.

8  At the end of clause 17 of Schedule 3

Add:

             (8)  Subclause (1) does not apply if:

                     (a)  the carrier intends to install a low-impact facility under Division 3; and

                     (b)  the installation of the facility is covered by paragraph 6(5)(g).

             (9)  For the purposes of this clause, low-impact facility has the same meaning as in clause 6.