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CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer and Copyright Details
Telecommunications Amendment Bill (No.2)
1998
Date Introduced: 12 November 1998
House: House of Representatives
Portfolio: Communications, Information Technology and the
Arts
Commencement: On Royal Assent
To amend the
Telecommunications Act 1997 to extend, until 1 January
2001, the requirement that telecommunications carriers notify the
Commonwealth where an activity may affect a matter of Commonwealth
environmental interest.
Telecommunications carriers may construct or
install telecommunications facilities where the carrier has the
agreement of the relevant landowners and the relevant State,
Territory or local authority. Telecommunications carriers can
construct telecommunications facilities in the absence of agreement
with the landowner and/or the State/Territory or local authority in
the following circumstances:
-
- The carrier is authorised to do so by a facility installation
permit (issued by the Australian Communications Authority after the
carrier has satisfied a number of criteria)
-
- The facility is a low-impact facility
-
- The facility is a temporary defence facility
-
- The installation is for the purpose of connecting a
subscriber.(1)
Where a carrier constructs a telecommunications
facility in one of these four circumstances, it is obliged to
comply with the Telecommunications Act 1997. The Act
obliges the carrier to do as little damage as possible, to restore
the land, to comply with industry standards and any international
agreements and to comply with any conditions specified in the
regulations.(2)
Where a carrier has the agreement of the
landowner and relevant authorities, i.e. it is not relying on one
of the four circumstances above, it will of course have to comply
with any conditions imposed by the relevant authorities.
Additionally where such a construction/installation is proposed to
take place before 1 January 1999 the carrier must notify Secretary
of the Department of Environment and Heritage (Secretary) if:
-
- The installation is likely to be inconsistent with Australia's
obligations under an international agreement
-
- The installation could threaten a species of flora or fauna or
damage a habitat of an endangered ecological community
-
- The installation is to be carried out on a World Heritage
property or a place Australia is required to protect under an
international agreement.
Where that notification is required, the ACA
(following a recommendation by the Secretary) may issue a direction
to the carrier to do or refrain from doing a specified act in
relation to the carrying out of the installation. These
requirements are contained in clause 55 of Schedule 3 to the
Telecommunications Act 1997.
The Minister for Communications, Information
Technology and the Arts' Second Reading Speech to this Bill states
that clause 55 is intended to 'ensure that the Commonwealth has the
ability to intervene in matters of national environmental
significance'.
As mentioned above, the notification requirement
ceases on 1 January 1999. The reason for that is that it was
intended that by that date a similar requirement would be contained
in new legislation, upon the enactment of the Environment
Protection and Biodiversity Conservation Bill 1998. That Bill has
still not been enacted.
As a consequence it is necessary to continue to
require notification and to continue to empower the ACA to issue
directions under the Telecommunications Act 1997. That
requirement and that power will be continued until 1 January
2001.
The Bill amends clause 55 of Schedule 3 to the
Telecommunication Act 1997 by changing the reference to
'1999' to '2001'.
-
- Telecommunications Act 1997, schedule 3 clause 6.
- Telecommunications Act 1997, schedule 3 clauses 8,9 and 12 -
14.
Lee Jones
3 December 1998
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
© Commonwealth of Australia 1998
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Published by the Department of the Parliamentary Library,
1998.
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