UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 3. Dictionary 4. Notes PART 2--INSTALLATION OF TELECOMMUNICATIONS FACILITIES 5. Land to which Act applies 6. Installations to which Act applies 7. Installation on utility network facilities 8. Consent by utility etc to installation 9. Ownership of telecommunications equipment 10. Carrier's continuing rights concerning installations PART 3--CARRIER'S OBLIGATIONS 11. Notice to land-holder 12. Service of notices 13. Carrier to minimise disruption, inconvenience and damage 14. Carrier to act reasonably etc 15. Carrier to restore land and structures 16. Installation costs 17. Compensation PART 4--AUTHORISED PEOPLE 18. Authorised people 19. Identity cards 20. Production of identity cards PART 5--MISCELLANEOUS 21. Compensation--safety net 22. Operation of other Territory laws 23. Regulation-making power DICTIONARY ENDNOTES UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - LONG TITLE An Act about the installation of telecommunications facilities on utility network facilities UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 1 Name of Act This Act is the Utilities (Telecommunications Installations) Act 2001. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation. For example, the signpost definition '"carrier"--see the Telecommunications Act 1997 (Cwlth), section 7 (Definitions).' means that the word 'carrier' is defined in section 7 of that Act and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)). UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 5 Land to which Act applies This Act applies to the following land (defined land): (a) Territory land; (b) land that is the subject of an agreement or arrangement between the Territory and the Commonwealth for the application of this Act to the land. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 6 Installations to which Act applies (1) This Act applies to the installation of a telecommunications facility on a utility network facility on defined land if the installation is for a reticulated service in accordance with an authorised network plan. (2) In this section: "authorised network plan" means-- (a) a plan for a reticulated service authorised by a development approval under the Planning and Development Act 2007; or (b) the 3GIS ACT Network Plan as in force immediately before the commencement of the Planning and Development Act 2007. "installation", of a telecommunications facility, includes-- (a) the construction or extension of the facility; and (b) the attaching or securing of the facility to any part of a utility network facility; and (c) placing any part of the facility on, over or under land; and (d) any activity that is ancillary or incidental to an activity mentioned in paragraph (a), (b) or (c). "reticulated service"--see the Planning and Development Regulation 2007, dictionary. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 7 Installation on utility network facilities (1) For purposes connected with the installation of a telecommunications facility, a carrier may, in accordance with part 3 (Carrier's obligations)-- (a) enter defined land; and (b) inspect the land; and (c) carry out any work on the land that is necessary or desirable for installing a telecommunications facility on a utility network facility. (2) Without limiting subsection (1) (c), a carrier may, for example, do any of the following: (a) use any plant, machinery, equipment or goods of the carrier; (b) fell or lop trees; (c) clear vegetation; (d) make excavations; (e) take soil, vegetation and other material away from the land. (3) In this section: "carrier" includes an authorised person for the carrier. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 8 Consent by utility etc to installation Nothing in this Act is to be taken to give a carrier a right to install a telecommunications facility on a utility network facility without the consent of-- (a) the responsible utility; or (b) the owner of the utility network facility. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 9 Ownership of telecommunications equipment Nothing in this Act is to be taken to give the owner of a utility network facility a proprietary interest in a telecommunications facility installed on the utility network facility, only because of the installation. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 10 Carrier's continuing rights concerning installations (1) A carrier who installs a telecommunications facility under section 7 (Installation on utility network facilities) has, by force of this section, the following rights in relation to the facility: (a) to have the facility remain on, under or over the land while used, or for use, in a telecommunications network; (b) to use the facility, or have it for use, in the telecommunications network. (2) Subsection (1) has effect subject to any agreement between the carrier and the responsible utility or the owner of the relevant utility network facility. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 11 Notice to land-holder (1) Before entering land under section 7 (Installation on utility network facilities), a carrier must give at least 7 days written notice to the land-holder of-- (a) the carrier's intention to enter the land; and (b) the purpose of the entry. (2) This section does not apply to anything done in urgent circumstances in which it is necessary to enter land to protect-- (a) the integrity of the telecommunications facility; or (b) the health or safety of anyone; or (c) property; or (d) the environment. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 12 Service of notices A notice under section 11 may be served on a land-holder as follows: (a) by leaving it in the letterbox on the land; (b) by securing it in a conspicuous place on the land. Note For other ways of serving documents, see Legislation Act 2001, pt 19.5. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 13 Carrier to minimise disruption, inconvenience and damage When acting under section 7 (Installation on utility network facilities), a carrier must take all reasonable steps to ensure that it causes as little disruption, inconvenience and damage as is practicable. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 14 Carrier to act reasonably etc When acting under section 7 (Installation on utility network facilities), a carrier must-- (a) act in a reasonable way; and (b) as far as practicable, ensure that any property on the land, including any domestic animal, is kept secure; and (c) act in accordance with any work method approved by the responsible utility. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 15 Carrier to restore land and structures (1) A carrier who acts under section 7 (Installation on utility network facilities) must take all reasonable steps to ensure, so far as practicable, that-- (a) the land is restored as soon as practicable to a condition similar to its condition before the carrier acted; and (b) any structure damaged by the carrier is restored as soon as practicable to a condition similar to its condition before being so damaged. (2) Subsection (1) does not require the restoration of land or a structure to a condition that would involve-- (a) an interference with a telecommunications facility or a utility network facility; or (b) a contravention of a law of the Territory. (3) The obligation in subsection (1) is subject to any agreement to the contrary between the land-holder and the responsible utility or carrier. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 16 Installation costs The carrier must bear the cost of things done by the carrier under section 7 (Installation on utility network facilities). UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 17 Compensation (1) A person may claim reasonable compensation from a carrier if the person suffers loss or expense because of anything done by a carrier under section 7 (Installation on utility network facilities). (2) Compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction. (3) A court may order the payment of reasonable compensation for the loss or expense only if satisfied it is just to make the order in the circumstances of the particular case. (4) Without limiting subsection (3), a court may take into account whether the carrier has satisfied its obligations under section 15 (Carrier to restore land and structures) in considering whether it is just to make an order under this section. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 18 Authorised people (1) A carrier may appoint a person to be an authorised person for the carrier for this Act. Note For the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3. (2) An authorised person must act in accordance with any conditions of appointment and any direction given to the person by the carrier. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 19 Identity cards (1) The carrier must give each authorised person an identity card that states the person's name and appointment as an authorised person and shows-- (a) a recent photograph of the person; and (b) the date of issue of the card; and (c) the date of expiry for the card; and (d) anything else prescribed under the regulations. (2) Within 7 days after ceasing to be an authorised person, a person must return the identity card to the carrier. Maximum penalty (subsection (2)): 1 penalty unit. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 20 Production of identity cards (1) An authorised person may exercise a power under this Act in relation to a person only if the authorised person first shows the person his or her identity card. (2) An authorised person may not remain on land entered under section 7 (Installation on utility network facilities) if, on request by the land-holder or a person apparently in charge of the land, the authorised person does not produce his or her identity card. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 21 Compensation--safety net (1) If-- (a) apart from section 17 (Compensation) and this section, the operation of any provision of this Act would result in the acquisition of property from a person otherwise than on just terms; and (b) the acquisition would be unlawful because of the Self-Government Act, section 23 (1); the person acquiring the property (the acquirer) is liable to pay reasonable compensation to the other person in relation to the acquisition. (2) If the acquirer and the other person do not agree on the amount of compensation, the other person may, in a court of competent jurisdiction, recover from the acquirer such reasonable compensation as the court determines. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 22 Operation of other Territory laws To remove any doubt, this Act does not affect the operation of any other Territory law. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - SECT 23 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001. (2) The regulations may prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - NOTES Dictionary Dictionary (see s 3) Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act. Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms: o exercise o law (of the Territory) o property o Territory land. "authorised person", for a carrier, means an authorised person appointed for the carrier under section 18 (Authorised people). "carrier"--see the Telecommunications Act 1997 (Cwlth), section 7 (Definitions). "defined land"--see section 5 (Land to which Act applies). "installation" means an installation of a telecommunications facility mentioned in section 6 (Installations to which Act applies). "land" includes water. "land-holder" means-- (a) in relation to leased Territory land-- (i) the lessee; or (ii) if the land is occupied by someone other than the lessee--the occupier; or (b) in relation to unleased Territory land--the director-general of the administrative unit in the public service whose responsibilities include managing the use of the land; or (c) in relation to land the subject of an agreement or arrangement mentioned in section 5 (b) (Land to which Act applies)--any person prescribed under the regulations. "line"--see the Telecommunications Act 1997 (Cwlth), section 7 (Definitions). "responsible utility"--see the Utilities Act 2000, dictionary. "telecommunications facility "means a line, related equipment or fitting used, or for use, in a telecommunications network. "telecommunications network"--see the Telecommunications Act 1997 (Cwlth), section 7 (Definitions). "utility network facility" means a network facility under the Utilities Act 2000, dictionary. UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history Utilities (Telecommunications Installations) Act 2001 No 34 notified 29 June 2001 (Gaz 2001 No S36) s 1, s 2 commenced 29 June 2001 (IA s 10B) remainder (ss 3-23) commences 1 July 2001 (s 2) as amended by Statute Law Amendment Act 2002 No 30 pt 3.88 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.88 commenced 17 September 2002 Planning and Land (Consequential Amendments) Act 2002 A2002-56 sch 3 pt 3.18 notified LR 20 December 2002 s 1, s 2 commenced 20 December 2002 (LA s 75 (1)) sch 3 pt 3.18 commenced 1 July 2003 (s 2 and see Planning and Land Act 2002 A2002-55, s 2) Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.35notified LR 13 September 2007s 1, s 2 commenced 13 September 2007 (LA s 75 (1)) sch 1 pt 1.35 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.166 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.166 commenced 1 July 2011 (s 2 (1)) 4 Amendment history Commencements 2 om R1 (LA s 89 (4)) Installations to which Act appliess 6 am 2002 No 30 amdts 3.969-3.971; A2002-56 amdt 3.80 sub A2007-25 amdt 1.207 Carrier's continuing rights concerning installationss 10 am 2002 No 30 amdt 3.972 Service of noticess 12 sub 2002 No 30 amdt 3.973 Authorised peoples 18 am 2002 No 30 amdt 3.974, amdt 3.975 Dictionarydict am 2002 No 30 amdt 3.976 def land-holder am A2011-22 amdt 1.463 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R112 Sept 2001 1 July 2001-16 Sept 2002 not amended new Act R23 Oct 2002 17 Sept 2002-30 June 2003 A2002-30 amendments by A2002-30 R31 July 2003 1 July 2003-30 Mar 2008 A2002-56 amendments by A2002-56 R431 Mar 2008 31 Mar 2008-30 June 2011 A2007-25 amendments by A2007-25 (c) Australian Capital Territory 2011 UTILITIES (TELECOMMUNICATIONS INSTALLATIONS) ACT 2001 - NOTES Australian Capital Territory A2001-34 Republication No 5 Effective: 1 July 2011 Republication date: 1 July 2011 Last amendment made by A2011-22Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Utilities (Telecommunications Installations) Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Utilities (Telecommunications Installations) Act 2001 Endnotes Australian Capital Territory Utilities (Telecommunications Installations) Act 2001