Improving the telecommunications powers and immunities framework

Telecommunications companies have some powers to enter land and install and maintain some types of telecommunications facilities, and some immunities from some state and territory legislation when doing so.

The laws are set out under Schedule 3 to the Telecommunications Act 1997 and are critical to the efficient construction and maintenance of telecommunications networks.

The Department is consulting on possible changes to strike the right balance between the community's need to access reliable, affordable telecommunications services and ensuring that property owners, local governments and communities have a say in the deployment of infrastructure that affects them.

Most aspects of carrier powers and immunities have been in place since 1997. Since then, communications technologies have evolved rapidly, and demand for services and data has increased dramatically.

The upcoming scale and level of investment in 5G networks requires a review of the powers and immunities framework to ensure it is efficient and effective in today's operating environment. This paper seeks stakeholder feedback on how to balance both deployment and landowner needs.

In 2017, the Government consulted on 24 proposed reforms to the powers and immunities framework requested by mobile carriers and NBN Co. Of the 24 proposals, the Government at the time implemented 10 reforms in 2018 and agreed to consult further on the remaining reform proposals.

In 2018, the Department established the Powers and Immunities Reference Group (PIRG) to improve the operation of the existing powers and immunities framework. The PIRG comprised carriers and property owner stakeholder groups including the Property Council of Australia, the Australian Local Government Association, rail and road authorities, and water and energy utilities.

The ideas in this consultation process have been drawn from the public submissions to the 2017 consultation process, discussions held at the PIRG and carrier workshops.

Your feedback on the proposals is important in assisting Government to consider what reforms are required to achieve a powers and immunities framework that meets the needs of modern Australia.