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Review of fibre-ready facilities exemptions under the Telecommunications Act 1997

Under the Telecommunications Act 1997, building lots and units cannot be sold or leased unless fibre-ready facilities, such as pit and pipe, are installed in close proximity. There are some exemptions to this requirement, which the Australian Government is currently reviewing.

Why we want your input

We want to understand what is working, and what is not, when it comes to the exemptions in order to improve the Act.

How you can voice your opinion

Read the consultation paper and email your submission to new.developments@communications.gov.au by Friday, 18 February 2022.

What will be the outcome of this consultation?

Your submission will be used to inform the review of the fibre-ready facilities exemptions under Part 20A of the Telecommunications Act 1997.

The Issue

Under Part 20A of the Telecommunications Act 1997, developers are subject to statutory requirements not to sell or lease building lots or units unless fibre-ready facilities such as pit and pipe have been installed in proximity to those lots and units.

The requirements apply on a national basis, but some exemptions are available and are set out in legislative instruments. For example, exemptions apply where a developer can re‑use existing facilities and in rural or remote areas that are unlikely to be serviced by a fixed line network in the foreseeable future and that meet other criteria.

The Government is reviewing the exemptions in the instruments, and is seeking your views to understand what is working, and what is not, with a view to improving the operation of Part 20A of the Telecommunications Act 1997.

The review is also considering whether any of the measures in the instruments should be moved to the statute.

A consultation paper is available to help guide your submission.

If you wish to include confidential comments, please mark those clearly in your submission and mark the submission 'confidential' as well.

Discussion paper

Legislative instruments outlining exemptions include:

A list of exemptions under the second instrument is also available on our the Exemptions from pit and pipe requirements.

All submissions should be provided by Friday, 18 February 2022 to new.developments@communications.gov.au.

Relevant documentation

Consultation paper—Review of Instruments under Part 20A of the Telecommunications Act 1997

This paper seeks the views of stakeholders and other interested parties on the need to continue or modify exemptions from statutory requirements to install fibre-ready facilities, particularly, but not solely, underground pit and pipe.

Outcome

After consideration of the submissions, the Minister remade the Telecommunications (Fibre-Ready Facilities in Real Estate Development Projects and Other Matters) Instrument 2011. The new Telecommunications (Fibre-Ready Facilities in Real Estate Development Projects and Other Matters) Instrument 2022 can be viewed on the Federal register of Legislation: Telecommunications (Fibre-Ready Facilities in Real Estate Development Projects and Other Matters) Instrument 2022 (legislation.gov.au).

The Department is still considering submission feedback for the Telecommunications (Fibre-Ready Facilities – Exempt Real Estate Development Projects) Instrument 2021.

Participate

07 Dec 2021 09:00 AEDT
18 Feb 2022 23:59 AEDT
Closed

We invite you to to tell us your views on this topic.

Please include:

  • contact name
  • organisation name, if applicable
  • contact details, including telephone number, postal and email addresses
  • confirmation whether or not your submission can be made public—published—or kept confidential.

All submissions to be made public need to meet the Digital Service Standard for accessibility. Any submission that does not meet this standard may be modified before being made public.

If your submission is to be made public, please ensure you do not include any personal information that you don't want to be published.

If your submission is confidential, please ensure each page of the submission is marked as confidential.

Please click on the 'Have your say now' button below to upload your submission.

This consultation is closed.

Alternatively please email your completed template submission to new.developments@communications.gov.au.

Submissions

ACCAN
Anonymous
GCS Design
NBN Co
Northern Midlands Council
Robin Russell & Associates
UDIA
Uniti