Commonwealth of Australia

Telecommunications Act 1997

Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 1999)

I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, Information Technology and the Arts, make the following determination under subclause 6 (3) of Schedule 3 to the Telecommunications Act 1997.

Dated 12 August 1999.

RICHARD ALSTON

Minister for Communications, Information Technology and the Arts

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Commencement

1.  This determination commences on gazettal.

[NOTE:  See Acts Interpretation Act 1901, ss. 46A and 48.]

Amendment

2.  The Telecommunications (Low-impact Facilities) Determination 1997 is amended as set out in this determination.

 [NOTE: The Telecommunications (Low-impact Facilities) Determination 1997 was               notified in the Gazette on 30 June 1997.]

Section 1.3 (Definitions)

3.1                  After the definition of area of environmental significance, insert:

“co-located facilities means one or more facilities installed on or within:

(a)          an original facility; or

(b)         a public utility structure;”.

3.2                  After the definition of emergency services organisation, insert:

“in-building subscriber connection equipment means a facility installed within a building with the aim of managing and maintaining the supply of carriage services to a customer of a carrier;”.

3.3                  After the definition of Nature Conservation Director, insert:

“original facility means the original structure that is currently used, or intended to be used, for connection to a telecommunications network where the original structure was:

(a)          in place on the date on which the Telecommunications (Low-impact Facilities) Determination 1997 (Amendment No. 1 of 1999) took effect; or

(b)         installed after that date by means other than in accordance with Part 7 of the Schedule;”.

3.4 After the definition of public utility, insert:

“public utility structure means a structure used, or for use, by a public utility, for the provision to the public of:

(a)          reticulated products or services, such as electricity, gas, water, sewerage or drainage; or

(b)         carriage services (other than carriage services supplied by a carriage service provider); or

(c)          transport services; or

(d)         a product or service of a kind that is similar to a product or service covered by paragraph (a), (b) or (c);”.

3.5 After the definition of rural area, insert:

“significant environmental disturbance means significant interference with the relationship between a species or community and its immediate environment or habitat and includes, for example, significant interference with identified flora and fauna, ecological communities, geological features, wilderness values or scientific values within an area;”.

3.6 After the definition of tower, insert:

 “volume means the apparent volume of materials that constitute:

(a)          co-located facilities; or

(b)         an original facility; or

(c)          a public utility structure;

 where the materials are visible from a point outside the co-located facilities, original facility or public utility structure.”.

Section 2.5 (Area of environmental significance)

4.1 Omit subsection 2.5(4), substitute:

“(4) An area is an area of environmental significance if, under a law of the Commonwealth, a State or a Territory:

 (a) it is designated as a reserve for nature conservation  purposes; and

 (b) the principal purpose of the designated reserve is for nature               conservation.”.

4.2 Omit subsections 2.5(7) and (8), substitute:

“(7) An area is an area of environmental significance if, under a law of the Commonwealth, a State or a Territory, it consists of a place, building or thing that is entered in a register relating to heritage conservation.

  (8) An area is an area of environmental significance if, under a law of the Commonwealth, a State or a Territory, it is:

   (a) entered in a register; or

   (b) otherwise identified;

   as being of significance to Aboriginal persons or Torres Strait               Islanders, in accordance with their traditions.”.

Section 3.1 (Facilities)

5.  After subsection 3.1(3), insert:

“(4) A facility that is ancillary to a facility covered by subsection (1) is also a low-impact facility only if it is installed, or to be installed, solely to ensure the protection or safety of:

   (a) the low-impact facility; or

   (b) persons or property in close proximity to the low-impact                             facility.”.

Schedule (Part 1—Radio Facilities)

6.1 In column 2 of item 1, insert “or satellite” after “radio”.

6.2 After item 1, insert:

6.3 In column 2 of items 2 and 3, omit “Panel antenna”, substitute “Panel, yagi or other like antenna”.

6.4 In column 2 of item 4, omit “Array”, substitute “An omnidirectional antenna or an array”.

6.5 Omit item 5, insert:

Schedule (Part 3—Above ground housing)

7.1                   In column 2 of items 4 and 5, omit “External”.
 

7.2                   After item 5, insert:

Schedule (Part 4—Underground cable facilities)

8. Omit items 1, 2, 3 and 4, substitute:

Schedule (Part 5—Public payphones)

9.  In paragraph (d) in column 2 of item 2, insert “or displayed as part of the supply of a content service” after “services”.

Schedule (Part 7—Co-located facilities)

10. Omit items 1 and 2, substitute: