07/2238 - MCU - Service amd Utility Tpye 3 - Tower [As Published] · 132007.2238

os DALY

MCU for Noosa South, Lot 15 on SP177649 INTERNATIONAL

 

4 COMMONWEALTH REGULATORY FRAMEWORK

As a licensed telecommunications carrier, Telstra must operate under the provisions of the
Telecommunications Act 1997, and the following supporting legislation
Telecommunications Code of Practice 1997, Telecommunications (Low-impact Facilities)
Determination 1997 (as amended) and the Australia Communications Indusiry Forum
(ACIF} - Industry Code for the Deployment of Mobile Phone Network Infrastructure.

4.1 TELECOMMUNICATIONS ACT 1997

The Telecommunications Act 1997 {the Act) is the principal Act that governs the activities
of telecommunication carriers. The aim of the Telecommunications Act 1997 is to provide a
regulatory framework that promotes:

fa} “the long-term interests of end users of carriage services or of services provided by
means of carriage services; and

(b} the efficiency and international competitiveness of the — Australian
Telecommunications Industry.”

Schedule 3 of the Act sets out the powers and immunities of telecommunication carriers.
The principal powers of telecommunications carriers without obtaining State and Territory
laws are:

. The power to inspect land for the purpose of determining whether fhe land is
suitable for the carriers purposes;

e The installation of specified facilities, including low-impact facilities; and

° The power to maintain a facility that is situated on the land.

In exercising Powers under this part Telstra must comply with certain conditions including:

° Doing as little damage as possible:

. Acting in accordance with good engineering practice and complying with
recognised industry standards;

° Taking reasonable steps to restore the land and to protect the environment; and

. Giving notice to the owner of the land.

Comment: The proposed installation can not be considered as “low-impact facility" and is
therefore subject to the provisions of the Integrated Planning Act 1997 and accordingly,
the provisions of Noosa Plan 2006.

4.2 TELECOMMUNICATIONS CODE OF PRACTICE 1997

Under the Telecommunications Act 1997 the Government established the
Telecommunications Code of Practice 1997, which sets out the conditions under which a
carrier must operate.

 

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