Amendments to the Telecommunications (Low-Impact Facilities) Determination 2018 and Telecommunications Code of Practice 2021

Australians expect to have access to a reliable telecommunications service in the same way as they expect to have access to water and electricity. Connectivity is essential for driving national productivity growth and provides opportunities for all Australians regardless of where they live or work. To meet these connectivity needs, it is often necessary for carriers to deploy new infrastructure. 

The Australian Government’s last substantial updates to the LIFD and the Code of Practice occurred in 2018 and 2021 respectively. Since these changes were implemented, there has been greater demand on both fixed line and mobile telecommunications services by Australians. The post-COVID environment has also seen the continued decentralisation of Australia’s workforce from city and commercial centres to working from home, and for some, home has shifted to regional and rural areas. 

This has resulted in all Australians expecting better and more resilient connectivity. The proposed changes are intended to meet these increased consumer demands and improve connectivity, particularly in regional areas. The proposed changes would also provide additional redundancy and resiliency for telecommunications networks. 

Summarised, the proposed amendments would:

• Increase the size of already defined ‘low-impact facilities’ in certain circumstances; 
• Introduce cabling on bridges as a low-impact facility; and
• Empower land occupiers to waive installation certificate requirements if they elect to do so.

The consultation paper and accompanying draft instruments provide further details on the proposed changes.

If you would like to discuss these proposed amendments with us, you can email powersandimmunities@communications.gov.au

Relevant documentation

• Consultation Paper – Proposed Amendments to the Powers and Immunities Framework
• Marked Up Exposure Draft - Telecommunications (Low-Impact Facilities) Determination 2018
• Exposure Draft - Telecommunications (Low-impact Facilities) Amendment Determination 2024
• Marked Up Exposure Draft - Telecommunications Code of Practice 2021
• Exposure Draft - Telecommunications Code of Practice Amendment 2024

The Minister for Communications, the Hon Michelle Rowland MP, has signed the Telecommunications (Low-impact Facilities) Amendment Determination (No. 1) 2025 and the Telecommunications Code of Practice (Installation Certificate Waivers) Amendment Instrument 2025. The changes will take effect the day after they’re registered on the Federal Register of Legislation.

The amending instruments can be found on the Federal Register of Legislation via www.legislation.gov.au. The compilations of the Telecommunications (Low-Impact Facilities) Determination 2018 (LIFD) and Telecommunications Code of Practice 2021 will be updated in due course.

The Department consulted on the proposed amendments in November and December 2024. To address matters raised during the public consultation, the following actions have also been taken to support the amendments:

• The proposal to allow new cabling and conduit attached to, on, or within a bridge will not proceed as a low-impact facility. The proposed amendments to allow a carrier to install cabling through an existing conduit or duct in a bridge, will proceed. 
• The Minister has requested Communications Alliance undertake a review of the Telecommunications in Road Reserves – Operational Guidelines for Installations (G591: 2006); and
• The Minister has requested that the Australian Communications and Media Authority and the Telecommunications Industry Ombudsman consider ways to improve awareness of the broader framework and reduce any administrative barriers for landowners to raise concerns about new installations.  

Compliance and enforcement with the framework will be supported by changes previously announced by the Australian Government to make industry codes directly enforceable, and increase penalties where non-compliance is substantiated. 

The amendments are based on recommendations from several reviews and inquiries on telecommunications, including the Australian Competition and Consumer Commission’s ‘Regional Mobile Infrastructure Inquiry Final Report’ and the House of Representatives ‘Inquiry into co-investment in multi-carrier regional mobile infrastructure’.

These arrangements support the work of the Mobile Telecommunications Working Group for a nationally consistent approach to rolling out new mobile infrastructure, and builds on the changes to the Telecommunications in New Developments policy, which the Minister made in February 2024.

• Summary of LIFD and Code of Practice Changes

Submissions published

The submissions below have been created by third parties and may not meet Web Content Accessibility Guidelines (WCAG) 2.2 requirements. If you'd like an accessible copy of any of the submissions below, please contact powersandimmunities@communications.gov.au