Development Application part 2 of 2 , Planning report/Plans MCU12/0036

                                     Planning Report



4          Relevant Federal Legislation
The following information provides a summary of the Federal legislation relevant to telecommunications
development proposals.


4.1       Telecommunications Act 1997
The Telecommunications Act 1997 (the Act) came into operation on 1July 1997. The Act provides a system
for regulating telecommunications and the activities of carriers and service providers.

Under the Act, telecommunications carriers are no longer exempt from State and Territory planning laws
except in three limited instances:

1.       There are exemptions for inspection of land, maintenance of facilities, installation of "low impact
         facilities", subscriber connections and temporary defence facilities. These exemptions are detailed in
         the Telecommunications (Low-impact Facilities) Determination 1997 and the Amendment No.1 of
         1999 and these exceptions are subject to the Telecommunications Code of Practice 1997;

2.       A limited case-by-case appeals process exists to cover installation of facilities in situations of national
         significance; and
3.       There are some specific powers and immunities from the previous Telecommunications Act 1991.

The proposal is for a freestanding monopole and associated antennas and equipment. Therefore the facility
cannot   be   considered     low   impact,   as   defined   by the Telecommunications (Low-impact Facilities)
Determination and thus the proposal is not exempt from State planning laws in this instance.



4.2       Telecommunications Code of Practice 1997
The Telecommunications Code of Practice 1997 (The Code) authorises a carrier to enter land, inspect land
and install and maintain a facility. The Code emphasises "best practice" design, planning and installation of
facilities, compliance with industry standards and minimisation of adverse impacts as much as practicable,
particularly in terms of degradation of the environment and visual impact. It is considered that the subject
proposal is "best practice" given that the proposal will:
     Provide improved telecommunications and wireless internet overage in the Cooroy area;

.’   Be locateo on a non-residential site within the local area;

     Comprise the smallest scale configuration possible for the site to reduce the visual impact of the
     proposal;

     Be co-located with other existing Telstra infrastructure within Cooroy;

     Be located to integrate into the existing built form (electricity poles), which will minimise visual impacts.



4.3       Commonwealth Environment Protection and Biodiversity Conservation
          Act 1999
The Environment Protection and Biodiversity Conservation Act commenced on 16 July 2000 and introduces
a new   role for the Commonwealth Government in the assessment and approval of development proposals
where those proposals involve actions that have a significant impact on matters of National Environmental
Significance, the environment of Commonwealth owned land and actions carried out by the Commonwealth
Government.

The proposal is not of National Environmental Significance, as it will not impact on:

     World Heritage Areas;

     wetlands protected by International Treaty (The RAMSAR Convention)

     nationally listed threatened species and communities;



                                                                                                                       12