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

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os DALY

MCU for Noosa South, Lot 15 on SP177649 INTERNATIONAL

 

The Code of Practice sets out the obligations on telecommunications carriers when
undertaking activities such as inspecting land, installing facilities and maintaining facilities.
In particular, Clause 3.13 of the Code directs felecommunications carriers to take all
reasonable steps to ascertain whether any existing facility of another telecommunication
carrier or a ‘Public Utility’ is available for co-location, when proposing fo install a new
facility.

Also, section 2.11 of the Telecommunications Code of Practice 1997 sets out the design,
planning and installation requirements for the carriers to ensure the installation of facilities is
in accordance with industry 'best practice’. This is required to:

. minimise the potential degradation of the environment and the visual amenity
associated with the facilities.” [Section 2.11(3)]

Best practice also involves the carrier complying with any relevant industry code or
standard that is registered by the Australian Communications and Media Authority
(ACMA) under Part 6 of the Act.

Comment: The siting and design of the proposal has taken place in accordance with
Section 3 (Planning and Siting) of the Australian Standard, Siting of Radiocommunications
Facilities (AS 3516.2).

In accordance with the requirements of the Code of Practice, Daly International in
conjunction with Telstra, assessed the viability of the co-location of other existing
telecommunication facilities in the search area during the site selection process. However,
no existing telecommunication facilities are located in the search area that will provide
the required radio frequency objectives. This proposal therefore, fully complies with the
Code of Practice.

43 THE TELECOMMUNICATIONS (LOW-IMPACT FACILITIES) DETERMINATION 1997

The Telecommunications (Low-impact Facilities) Determination 1997 (‘the Determination’)
identifies both the type of facilities that can be “Low-impact", and the areas in which
these facilities can be installed. The Determination specifies when a telecommunication
carrier can enter land and install a low- impact telecommunication facility without seeking
approval under State and Territory laws. The Determination also ensures that such
installations are subject to the processes for negotiation and dispute resolution set out in
the Telecommunications Code of Practice 1997.

Where a facility is not defined as "low-impact", it is subject to State and Territory planning
laws and regulations.

Comments: In this instance, the current proposal is not defined as a low-impact facility and
therefore it is subject to State laws and the provisions of the Noosa Plan 2006. This is
because the proposed Telstra facility does not comply with Part 3 —- Low impact Facilities of
the Determination.

 

31/10/07 1

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