The exemption is 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 will not generally apply in suburban contexts.
The exemption instrument covers developments where:
no network utilities or only above-ground electricity lines will 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 is 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 is 60 metres or more (i.e. they are larger rural type blocks), and
the development is not in a current or announced NBN fixed-line network rollout area.
As a condition of the exemption instrument, developers that meet the above criteria and wish to claim an exemption need to notify the Secretary of the Department by filling in this form. Developers should retain evidence of the notification to the Secretary of the Department and the information on which it is based, to substantiate that their particular real estate development project met the conditions of the exemption.
We keep a list of the developments that are exempted from the Part 20A requirements.
If the locality concerned 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 be exempt under the Instrument.
Developers that falsely claim an exemption under this instrument will be subject to legislative penalties.
The Department does not provide legal advice. You should seek your own independent legal advice if you wish to confirm your development's eligibility under this exemption instrument.
In addition to the general exemption, there is scope under Part 20A to also seek an individual exemption.
The exemption instrument came into force in 2016.
The register of exempted developments is maintained by the Department and updated on a weekly basis.
Register of developments exempted from Part 20A of the Telecommunications Act 1997