Removal of certain overhead lines
51 Removal of certain overhead lines
If:
an overhead line (the eligible overhead line) is attached to a pole (the first pole); and
the eligible overhead line, or a portion of the eligible overhead line, is suspended between the first pole and another pole (the second pole); and
the installation of the eligible overhead line was or is authorised by:
this Act; or
section 116 of the Telecommunications Act 1991; or
Division 3 of Part 7 of the Telecommunications Act 1991; or
a repealed law of the Commonwealth; and
there is also attached to the first pole one or more other overhead cables, where at least one of the other overhead cables is a non‑communications cable; and
each of the non‑communications cables is permanently removed (either simultaneously or over a period) and is not replaced;
the owner of the eligible overhead line must, within 6 months after the completion of the last of the removals referred to in paragraph (e), permanently remove so much of the eligible overhead line as is suspended between the first pole and the second pole.
If:
there is a local government body for the area in which the first pole is situated; and
there is no prescribed administrative authority for the State or Territory in which the first pole is situated;
the local government body may, by writing:
exempt the owner of the eligible overhead line from compliance with subclause (1) in relation to the first pole; or
extend the period of 6 months mentioned in subclause (1) for the purposes of the application of subclause (1) to the owner of the eligible overhead line and to the first pole.
If there is a prescribed administrative authority for the State or Territory in which the first pole is situated, the prescribed administrative authority may, by writing:
exempt the owner of the eligible overhead line from compliance with subclause (1) in relation to the first pole; or
extend the period of 6 months mentioned in subclause (1) for the purposes of the application of subclause (1) to the owner of the eligible overhead line and to the first pole.
If:
there is no local government body for the area in which the first pole is situated; and
there is no prescribed administrative authority for the State or Territory in which the first pole is situated;
the regulations may make provision for and in relation to:
the exemption of the owner of the eligible overhead line from compliance with subclause (1) in relation to the first pole; and
the extension of the period of 6 months mentioned in subclause (1) for the purposes of the application of subclause (1) to the owner of the eligible overhead line and to the first pole.
Regulations made for the purposes of subclause (4) may make provision with respect to a matter by conferring a power on the ACMA.
This clause does not prevent 2 or more instruments under subclause (2) or (3) from being combined in the same document.
In this clause:
administrative authority means:
the holder of an office; or
an authority of a State or a Territory;
that performs administrative functions under a law of a State or a Territory.
line includes a disused line.
non‑communications cable means an overhead cable (other than a line).
overhead cable means a wire or cable that is suspended above the surface of:
land (other than submerged land); or
a river, lake, tidal inlet, bay, estuary, harbour or other body of water.
overhead line means a line that is suspended above the surface of:
land (other than submerged land); or
a river, lake, tidal inlet, bay, estuary, harbour or other body of water.
prescribed administrative authority, in relation to a State or a Territory, means an administrative authority that:
performs administrative functions under a law of the State or the Territory; and
is specified in the regulations.
This provision refers to the regulations (the regulations may make
, specified in the regulations
). Made under this Act:
- Submarine Cable (Perth Protection Zone) Declaration 2007 · Legislative Instrument · under cl 4(1) of sch 3A
- Telecommunications (Analogue Interworking and Non-interference Requirements for Customer Equipment for Connection to a Switched Telephone Network – AS/CA S002) Technical Standard 2025 · Legislative Instrument · under s 376(1)
- Telecommunications (Approving Body) Determination 2017 · Legislative Instrument · under s 410(1)
22 more instruments made under this Act are listed on the Act’s overview.
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