Utilities (Telecommunications Installations) Act 2001

This Act is the Utilities (Telecommunications Installations) Act 2001.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.

For example, the signpost definition ‘carrier—see the Telecommunications Act 1997 (Cwlth), section 7 (Definitions).’ means that the word ‘carrier’ is defined in section 7 of that Act and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

This Act applies to the following land (defined land):

Territory land;

land that is the subject of an agreement or arrangement between the Territory and the Commonwealth for the application of this Act to the land.

This Act applies to the installation of a telecommunications facility on a utility network facility on defined land if the installation is for a reticulated service in accordance with an authorised network plan.

In this section:

authorised network plan means—

a plan for a reticulated service authorised by a development approval under the Planning Act 2023; or

the 3GIS ACT Network Plan as in force immediately before the commencement of the Planning and Development Act 2007 (repealed).

installation, of a telecommunications facility, includes—

the construction or extension of the facility; and

the attaching or securing of the facility to any part of a utility network facility; and

placing any part of the facility on, over or under land; and

any activity that is ancillary or incidental to an activity mentioned in paragraph (a), (b) or (c).

reticulated service means—

electricity, water, drainage, gas, communications or similar services the provision of which allows for direct access to and use of the services by the occupiers of individual parcels of land; or

mobile telecommunications services.

For purposes connected with the installation of a telecommunications facility, a carrier may, in accordance with part 3 (Carrier’s obligations)—

enter defined land; and

inspect the land; and

carry out any work on the land that is necessary or desirable for installing a telecommunications facility on a utility network facility.

Without limiting subsection (1) (c), a carrier may, for example, do any of the following:

use any plant, machinery, equipment or goods of the carrier;

fell or lop trees;

clear vegetation;

make excavations;

take soil, vegetation and other material away from the land.

In this section:

carrier includes an authorised person for the carrier.

Nothing in this Act is to be taken to give a carrier a right to install a telecommunications facility on a utility network facility without the consent of—

the responsible utility; or

the owner of the utility network facility.

Nothing in this Act is to be taken to give the owner of a utility network facility a proprietary interest in a telecommunications facility installed on the utility network facility, only because of the installation.

A carrier who installs a telecommunications facility under section 7 (Installation on utility network facilities) has, by force of this section, the following rights in relation to the facility:

to have the facility remain on, under or over the land while used, or for use, in a telecommunications network;

to use the facility, or have it for use, in the telecommunications network.

Subsection (1) has effect subject to any agreement between the carrier and the responsible utility or the owner of the relevant utility network facility.

Before entering land under section 7 (Installation on utility network facilities), a carrier must give at least 7 days written notice to the land-holder of—

the carrier’s intention to enter the land; and

the purpose of the entry.

This section does not apply to anything done in urgent circumstances in which it is necessary to enter land to protect—

the integrity of the telecommunications facility; or

the health or safety of anyone; or

property; or

the environment.

A notice under section 11 may be served on a land-holder as follows:

by leaving it in the letterbox on the land;

by securing it in a conspicuous place on the land.

Note For other ways of serving documents, see the Legislation Act, pt 19.5.

When acting under section 7 (Installation on utility network facilities), a carrier must take all reasonable steps to ensure that it causes as little disruption, inconvenience and damage as is practicable.