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

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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

Consultation paper—Review of Instruments under Part 20A of the Telecommunications Act 1997 (314.44 KB)

Consultation paper—Review of Instruments under Part 20A of the Telecommunications Act 1997 (175.3 KB)

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.