Telecommunications Act 1997

A carrier may, at any time, maintain a facility.

A carrier may do anything necessary or desirable for the purpose of exercising powers under subclause (1), including (but not limited to):

entering on, and occupying, land; and

removing, or erecting a gate in, any fence.

A reference in this clause to the maintenance of a facility (the original facility) includes a reference to:

the alteration, removal or repair of the original facility; and

the provisioning of the original facility with material or with information (whether in electronic form or otherwise); and

ensuring the proper functioning of the original facility; and

the replacement of the whole or a part of the original facility in its original location, where the conditions specified in subclause (5) are satisfied; and

the installation of an additional facility in the same location as the original facility, where the conditions specified in subclause (6) are satisfied; and

in a case where any tree, undergrowth or vegetation obstructs, or is likely to obstruct, the operation of the original facility—the cutting down or lopping of the tree, or the clearing or removal of the undergrowth or vegetation, as the case requires.

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:

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;

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;

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;

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

A reference in this clause to the maintenance of a facility does not include a reference to the extension of a tower. For this purpose, tower has the same meaning as in clause 4.

For the purposes of paragraph (3)(d), the following conditions are specified:

the levels of noise that are likely to result from the operation of the replacement facility are less than or equal to the levels of noise that resulted from the operation of the original facility;

in a case where the original facility is a tower:

the height of the replacement facility does not exceed the height of the original facility; and

the volume of the replacement facility does not exceed the volume of the original facility;

in a case where the facility is not a tower:

the volume of the replacement facility does not exceed the volume of the original facility; or

the replacement facility is located inside a fully‑enclosed building, the original facility was located inside the building and the building is not modified externally as a result of the replacement of the original facility; or

the replacement facility is located inside a duct, pit, hole, tunnel or underground conduit;

such other conditions (if any) as are specified in the regulations.

For the purposes of paragraph (3)(e), the following conditions are specified:

the combined levels of noise that are likely to result from the operation of the additional facility and the original facility are less than or equal to the levels of noise that resulted from the operation of the original facility;

either:

the additional facility is located inside a fully‑enclosed building, the original facility is located inside the building and the building is not modified externally as a result of the installation of the additional facility; or

the additional facility is located inside a duct, pit, hole, tunnel or underground conduit;

such other conditions (if any) as are specified in the regulations.

For the purposes of paragraphs (5)(a), (b) and (c) and (6)(a), (b) and (c), trivial variations are to be disregarded.

For the purposes of subclauses (5) and (6):

the measurement of the height of a tower is not to include any antenna extending from the top of the tower; and

the volume of a facility is the apparent volume of the materials that:

constitute the facility; and

are visible from a point outside the facility; and

a structure that makes a facility inside the structure unable to be seen from any point outside the structure is to be treated as if it were a fully‑enclosed building.

A reference in this Part to engaging in activities under this Division includes a reference to exercising powers under this Division.

In this clause (other than subclause (4)):