The Department is seeking feedback on exemptions from statutory requirements to install fibre-ready facilities like pit and pipe
Under Part 20A of the Telecommunications Act 1997, developers and others 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. The review is also considering whether any of the measures in the instruments should be moved to the statute.
- Have your say—Review of fibre-ready facilities exemptions under the Telecommunications Act 1997
- Consultation paper—Review of Instruments under Part 20A of the Telecommunications Act 1997
The instruments are the:
- Telecommunications (Fibre-Ready Facilities in Real Estate Development Projects and Other Matters) Instrument 2011 (legislation.gov.au)
- Telecommunications (Fibre-ready Facilities—Exempt Real Estate Development Projects) Instrument 2021 (legislation.gov.au)
A list of exemptions under the second instrument can be found on the Exemptions from pit and pipe requirements webpage.
Further information on how to make a submission or provide comments is contained in the discussion paper.
All submissions should be provided by Friday, 18 February 2022 to new.developments@communications.gov.au.
The consultation period has been extended to take account of the summer break.
If you wish to include confidential comments, please mark those clearly in your submission and mark the submission 'confidential' as well.
If you have queries or comments, please email us at new.developments@communications.gov.au.