2003
2003
2004-07-06
act
government
publicspecial
act.reprint
allinforce
2003-06-17
2003-06-17
1
2004-07-06
act-2004-055
2003
none
act-2003-037
5b86781a-704d-4dbf-bf5c-5cdfaa7f6c8a
ac410fa8-3f2f-4145-aa24-68ea7248571a
Note—
The Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2004
No 55, Sch 3 with effect from 6.7.2004.
An Act to amend the National Parks and Wildlife Act 1974
with respect to the use of land reserved under that Act for the purpose of
telecommunications facilities; and for related purposes.
1Name of
Act
This Act is the National Parks
and Wildlife Amendment (Telecommunications Facilities) Act
2003.
2Commencement
This Act commences on the date of assent to this
Act.
3Amendment of National Parks and Wildlife Act 1974 No
80
The National Parks
and Wildlife Act 1974 is amended as set out in Schedule
1.
Schedule 1Amendment
(Section 3)
[1]Section 151D Register of
certain interests to be publicly available
Insert “, licences granted under section
153D” after “leases granted under this Act” in section 151D
(1).
[2]Section 151D (2)
(a)–(e)
Insert “licence,” after
“lease,” wherever occurring.
[3]Section 153A Leases etc
relating to wilderness areas
Insert at the end of section 153A (b):
, or
(c)
grant a lease, licence, easement or right of way
under section 153D,
[4]Section
153D
Insert in appropriate order in Part 12:
153DLeases, licences and easements
for telecommunications facilities
(1)
For the purpose of the erection, use or
maintenance of telecommunications facilities, the Minister may grant leases
of, or licences to occupy or use, or easements or rights of way through, on or
in, any land reserved under this Act.
(2)
A lease, licence, easement or right of way under
this section may be granted subject to such terms and conditions as the
Minister may determine.
(3)
The Minister may from time to time revoke or vary
any grant under this section of an easement or right of
way.
(4)
The Minister must not grant a lease, licence,
easement or right of way under this section unless the Minister is satisfied
that:
(a)
there is no feasible alternative site for the
proposed telecommunications facility concerned on land that is not reserved
under this Act, and
(b)
the site of any proposed above ground
telecommunications facility covers the minimum area possible,
and
(c)
the proposed telecommunications facility is to be
designed and constructed in such a manner as to minimise risk of damage to the
facility from bushfires, and
(d)
the site and construction of the proposed
telecommunications facility have been selected, as far as is practicable, to
minimise the visual impact of the facility, and
(e)
if feasible, an existing means of access to the
proposed site of the lease, licence, easement or right of way is to be used,
and
(f)
the proposed telecommunications facility is
essential for the provision of telecommunications services for land reserved
under this Act or for surrounding areas to be served by the facility,
and
(g)
the telecommunications facility is to be removed
and the site of the facility is to be restored as soon as possible after the
facility becomes redundant (for example, due to advances in technology),
and
(h)
the site of the proposed telecommunications
facility has been selected after taking into account the objectives set out in
any plan of management relating to the land concerned, and
(i)
the proposed telecommunications facility is, if
feasible, to be co-located with an existing structure or located at a site
that is already disturbed by an existing lease, licence, easement or right of
way on the land concerned.
(5)
The Minister must not grant a lease, licence,
easement or right of way under this section in respect of land that is within
an area designated as a remote natural area in a plan of management or an
Aboriginal area.
(6)
In this section:
telecommunications facility means a
facility within the meaning of the Telecommunications Act
1997 of the Commonwealth.
Historical
notes
Table of amending
instruments
National Parks
and Wildlife Amendment (Telecommunications Facilities) Act 2003 No
37. Second reading speech made: Legislative Assembly, 17.6.2003;
Legislative Council, 2.7.2003. Assented to 22.7.2003. Date of commencement,
assent, sec 2.