The Minister has exempted certain types of developments in rural and remote areas from the requirements to install fibre-ready pit and pipe under Part 20A of the Telecommunications Act 1997.

From 2016 to 2020 developers were able to claim an exemption for certain types of developments in rural and remote areas from the requirements to install fibre-ready pit and pipe under Part 20A of the Telecommunications Act 1997.

The relevant exemption instrument has now expired and a new exemption instrument is under consideration. For further information please contact new.developments@communications.gov.au.

The 2016 exemption instrument and its explanatory statement are available on the Federal Register of Legislation for reference, as is the material below.

Developments exempted under the 2016 instrument remain exempted from Part 20A requirements.

The 2016 exemption was targeted at developments in rural, bushland and remote areas where telecommunications would generally be offered by direct buried cable, wireless or satellite services that do not need pit and pipe infrastructure. The exemption was not generally applicable in suburban contexts.

The exemption instrument covered developments where:

  • no network utilities or only above-ground electricity lines would be installed in proximity to building lot (i.e. they are relatively remote and do not have mains water, sewerage or underground electricity), and
  • there was no kerb and channeling constructed, or planned to be constructed, and
  • the average length of the street frontages of the building lots within the development was 60 metres or more (i.e. they were larger rural type blocks), and
  • the development was not in a current or announced NBN fixed-line network rollout area.

The exemption was only intended to exempt developments outside NBN Co's (nbn) fixed-line footprint.

As a condition of the exemption instrument, developers that meet the above criteria and wished to claim an exemption needed to notify the Secretary of the Department. Developers had to retain evidence of the notification to the Secretary of the department and the information on which it was based, to substantiate that their particular real estate development project met the conditions of the exemption.

We keep a register of the developments exempted from the Part 20A requirements under the 2016 instrument. This register can be found at the bottom of this page.

If a locality is further developed in future, that new development would need to be assessed in terms of whether it was subject to Part 20A of the Act or would require further exemption.

Developers that falsely claimed an exemption under the instrument are subject to legislative penalties.

The Department does not provide legal advice. You should seek your own independent legal advice if you have queries about exemptions under the 2016 instrument.

While the 2016 instrument has now expired, there is scope under Part 20A to also seek an individual exemption.

2020—Register of developments exempted from Part 20A of the Telecommunications Act 1997

Published 2nd Dec 2020

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Register of developments exempted from Part 20A of the Telecommunications Act 1997 under the Telecommunications (Fibre-ready Facilities—Exempt Real Estate Development Projects) Instrument 2016—2020.

2019—Register of developments exempted from Part 20A of the Telecommunications Act 1997

Published 20th Dec 2019

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Register of developments exempted from Part 20A of the Telecommunications Act 1997 under the Telecommunications (Fibre-ready Facilities—Exempt Real Estate Development Projects) Instrument 2016—2019.

2018—Register of developments exempted from Part 20A of the Telecommunications Act 1997

Published 18th Dec 2019

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Register of developments exempted from Part 20A of the Telecommunications Act 1997 under the Telecommunications (Fibre-ready Facilities—Exempt Real Estate Development Projects) Instrument 2016—2018.

2017—Register of developments exempted from Part 20A of the Telecommunications Act 1997

Published 18th Dec 2019

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Register of developments exempted from Part 20A of the Telecommunications Act 1997 under the Telecommunications (Fibre-ready Facilities—Exempt Real Estate Development Projects) Instrument 2016—2017.

2016—Register of developments exempted from Part 20A of the Telecommunications Act 1997

Published 18th Dec 2019

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Register of developments exempted from Part 20A of the Telecommunications Act 1997 under the Telecommunications (Fibre-ready Facilities—Exempt Real Estate Development Projects) Instrument 2016—2016.