Installation of facilities
6 Installation of facilities
A carrier may, for purposes connected with the supply of a carriage service, carry out the installation of a facility if:
the carrier is authorised to do so by a facility installation permit; or
the facility is a low‑impact facility (as defined by subclause (3)); or
the facility is a temporary facility for use by, or on behalf of, a defence organisation for defence purposes.
If the installation of a facility is not authorised by this clause, the installation may require the approval of an administrative authority under a law of a State or Territory.
If subclause (1) authorises a carrier to carry out a particular activity, the carrier may, for purposes in connection with the carrying out of that activity:
enter on, and occupy, any land; and
on, over or under the land, do anything necessary or desirable for those purposes, including, for example:
constructing, erecting and placing any plant, machinery, equipment and goods; and
felling and lopping trees and clearing and removing other vegetation and undergrowth; and
making cuttings and excavations; and
restoring the surface of the land and, for that purpose, removing and disposing of soil, vegetation and other material; and
erecting temporary workshops, sheds and other buildings; and
levelling the surface of the land and making roads.
The Minister may, by legislative instrument, determine that a specified facility is a low‑impact facility for the purposes of this clause. The determination has effect accordingly.
For specification by class, see subsection 13(3) of the Legislation Act 2003.
A designated overhead line must not be specified in an instrument under subclause (3).
A submarine cable (within the meaning of Schedule 3A) must not be specified in an instrument under subclause (3).
A tower must not be specified in an instrument under subclause (3) unless:
both:
the tower is attached to a building; and
the height of the tower does not exceed 5 metres; or
the following conditions are satisfied:
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;
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;
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;
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;
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;
in a case where neither subparagraph (iv) nor (v) applies—the tower is installed in the vicinity of the other facility; or
the following conditions are satisfied:
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;
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;
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;
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;
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;
in a case where neither subparagraph (iv) nor (v) applies—the tower is installed in the vicinity of the other facility; or
the following conditions are satisfied:
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;
the height of the tower does not exceed 30 metres;
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;
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;
in a case where neither subparagraph (iii) nor (iv) applies—the tower is installed in the vicinity of the venue; or
the following conditions are satisfied:
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;
the intervals between those events are not longer than 28 days;
the height of the tower does not exceed 30 metres;
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;
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;
in a case where neither subparagraph (iv) nor (v) applies—the tower is installed in the vicinity of the venue; or
the following conditions are satisfied:
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;
the height of the tower does not exceed 30 metres;
the tower is installed on public land; or
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.
For the purposes of paragraph (5)(b), maintenance has the same meaning as in clause 7.
For the purposes of paragraphs (5)(d) and (e), each of the following is an example of an event:
a sporting event;
a musical event;
a cultural event.
For the purposes of paragraphs (5)(b), (c), (d), (e) and (f), the height of a tower or facility is the distance between:
the top of the tower or facility; and
ground level.
To avoid doubt, a reference in subclause (5) to a tower does not include a reference to an antenna.
An extension to a tower must not be specified in an instrument under subclause (3) unless:
the height of the extension does not exceed 5 metres; and
there have been no previous extensions to the tower.
For this purpose, tower has the same meaning as in clause 4.
Paragraphs (1)(a) and (c) do not, by implication, limit subclause (3).
A reference in this Part to engaging in activities under this Division includes a reference to exercising powers under this Division.
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