Utilities (Telecommunications Installations) Act 2001 (ACT)

Utilities (Telecommunications Installations) Act 2001   

A2001-34

Republication No 6

Effective:  27 November 2023

Republication date: 27 November 2023

Last amendment made by A2023‑36

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 27 November 2023.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 27 November 2023. 

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 type="disc">

authorised republications to which the Legislation Act 2001 applies

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 includes 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 ( 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 $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Utilities (Telecommunications Installations) Act 2001

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Notes  2

Part 2      Installation of telecommunications facilities

5            Land to which Act applies  3

6            Installations to which Act applies  3

7           Installation on utility network facilities  4

8            Consent by utility etc to installation  5

9            Ownership of telecommunications equipment  5

10          Carrier’s continuing rights concerning installations  5

Part 3      Carrier’s obligations

11          Notice to land-holder  6

12          Service of notices  6

13          Carrier to minimise disruption, inconvenience and damage                  6

14          Carrier to act reasonably etc  7

15          Carrier to restore land and structures  7

16          Installation costs  7

17          Compensation  8

Part 4      Authorised people

18          Authorised people  9

19          Identity cards  9

20          Production of identity cards  9

Part 5      Miscellaneous

21          Compensation—safety net  10

22          Operation of other Territory laws  10

23          Regulation-making power  10

Dictionary11

Endnotes

1            About the endnotes  13

2            Abbreviation key  13

3            Legislation history  14

4            Amendment history  15

5            Earlier republications  15

Utilities (Telecommunications Installations) Act 2001

An Act about the installation of telecommunications facilities on utility network facilities

Part 1Preliminary

1. Name of Act

   This Act is the Utilities (Telecommunications Installations) Act 2001.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The 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 2A 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, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2Installation of telecommunications facilities

1. 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.

2. 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 Act 2023; or

   (b)the 3GIS ACT Network Plan as in force immediately before the commencement of the Planning and Development Act 2007 (repealed).

   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 means—

   (a)electricity, water, drainage, gas, communications or similar services the provision of which allows for direct access to and use of the services by the occupiers of individual parcels of land; or

   (b)mobile telecommunications services.

3. 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.

4. 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.

5. 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.

6. 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.

Part 3Carrier’s obligations

1. 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.

2. 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.

   NoteFor other ways of serving documents, see the Legislation Act, pt 19.5.

3. 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.

4. 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.

5. 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.

6. Installation costs

   The carrier must bear the cost of things done by the carrier under section 7 (Installation on utility network facilities).

7. 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.

Part 4Authorised people

1. 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 the Legislation Act, 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.

2. 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.

3. 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.

   
   

Part 5Miscellaneous

1. 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.

2. Operation of other Territory laws

   To remove any doubt, this Act does not affect the operation of any other Territory law.

3. Regulation-making power

   (1)The Executive may make regulations for this Act.

   NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

   (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.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act, dict, pt 1, defines the following terms:

·exercise

·law (of the Territory)

·property

·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.

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

1. Legislation history

   Utilities (Telecommunications Installations) A2001‑34

   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 A2002-30 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 1.35

   notified LR 13 September 2007
   s 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))

   Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.69

   notified LR 29 September 2023
   s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
   sch 1 pt 1.69 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)

2. Amendment history

   Commencement

   s 2om R1 (LA s 89 (4))

   Installations to which Act applies

   s 6am A2002‑30 amdts 3.969-3.971; A2002‑56 amdt 3.80

   sub A2007‑25 amdt 1.207

   am A2023-36 amdts 1.405-1.407

   Carrier’s continuing rights concerning installations

   s 10am A2002‑30 amdt 3.972

   Service of notices

   s 12sub A2002‑30 amdt 3.973

   Authorised people

   s 18am A2002‑30 amdt 3.974, amdt 3.975

   Dictionary

   dictam A2002‑30 amdt 3.976

   def land-holder am A2011‑22 amdt 1.463

1. 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
R1 12 Sept 2001	1 July 2001– 16 Sept 2002	not amended	new Act
R2 3 Oct 2002	17 Sept 2002– 30 June 2003	A2002‑30	amendments by A2002‑30
R3 1 July 2003	1 July 2003– 30 Mar 2008	A2002‑56	amendments by A2002‑56
R4 31 Mar 2008	31 Mar 2008– 30 June 2011	A2007‑25	amendments by A2007‑25
R5 1 July 2011	1 July 2011– 26 Nov 2023	A2011‑22	amendments by A2011‑22

©  Australian Capital Territory 2023