Regulation

 

The deployment of mobile network infrastructure in Australia is covered by legislation and regulation from all three levels of government including:
  • Requirements under Schedule 3 of the Telecommunications Act, the Telecommunications (Low-impact Facilities) Determination (as amended), the Telecommunications Code of Practice, and the Communications Alliance Industry Code for Deployment of Mobile Phone Network Infrastructure (Federal),
  • State Planning and Environmental Policies, Planning Schemes and Instruments (State),
  • Local planning policies and development approval and consent processes (Local).
All three levels of government also regulate consultation and notification processes in some form.
To encourage the efficient and timely deployment of mobile network infrastructure in Australia, the current framework includes some exemptions from State and Territory planning and environmental laws. These exemptions are contained in the Telecommunications (Low-impact Facilities) Determination 1997 (amended 1999), and Schedule 3 of the Telecommunications Act 1997.
Importantly, to ensure community concerns and expectations about mobile network deployment are met, community notification and consultation associated with facilities that are deemed “Low Impact” is regulated by the Communications Alliance Industry Code for Deployment of Mobile Phone Network Infrastructure (the Code) in accordance with the Telecommunications (Low-impact Facilities) Determination. This mandatory code is registered with the ACMA and has been in place since 2002 with formal reviews in 2004 and 2011.
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