DA_Pomona

Throughout the construction phase of the proposed development, any construction works will
not disturb existing traffic flows. If a road closure is required for the erection and installation of
equipment, the appropriate approvals will be obtained from Council (where applicable).


4.0 Key Regulatory Framework
4.1 Federal Regulatory Framework

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


4.1.1 Telecommunications Act 1997

The Telecommunications Act 1997 (the Act) came into operation on 1 July 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 the 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 2018 and
    these exemptions are subject to the Telecommunications Code of Practice 2018;
2. A limited case-by-case appeals process exists to cover the installation of facilities in situations
    of national significance; and
3. There are some specific powers and immunities from the previous Telecommunications Act
    1991.



4.1.2 Telecommunications (Low-impact Facilities) Determination 2018

The Telecommunications (Low-impact Facilities) Determination 2018 came into effect in March
2018.

The Determination contains a list of Telecommunications Facilities that the Commonwealth will
continue to regulate. These are facilities that are essential to maintaining telecommunications
networks and are unlikely to cause significant community disruption during their installation or
operation. These facilities are therefore considered to be ‘Low-impact’ and do not require planning
approval under State or Territory laws.

The proposed facility does not fall under the Determination and, therefore, requires approval
under State Planning Legislation.



4.1.3 Environment Protection and Biodiversity Conservation Act 1999

The Environmental Protection Biodiversity Conservation Act (the EPBC Act) controls matters of
national environmental significance. The key objectives of the EPBC Act include:

    a) “To provide for the protection of the environment, especially those aspects of the
       environment that are matters of national environmental significance; and


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