The TIO has jurisdiction to consider a landowner/occupier’s unresolved objection to a carrier’s* intention to access their land and exercise their statutory powers. The TIO can also investigate complaints concerning the manner in which a carrier has used its powers.

Carriers have broad powers to access land and/or buildings for the purpose of inspection and to install and maintain telecommunications facilities. If proposing to install low-impact facilities, carriers do not require the landowner or occupier’s consent.

Low-impact facilities are defined under federal legislation and are considered as being telecommunications installations that have minimal impact. Typically these include:

• small radio-communications antennas and dishes erected on existing structures that are designed to be unobtrusive.
• underground cables.
• public telephones.
• telecommunications pits in footpaths and co-located facilities.

Depending on their height, mobile phone antennas may be considered low-impact facilities.

Unlike other telecommunications facilities, low-impact facilities are exempt from a range of state and territory laws, including town planning laws and local government powers.

To some extent, carrier powers are balanced by conditions that carriers are required to adhere to before, during and after their activity. Before the activity, carriers must serve notice on the landowner and/or occupier, and attempt to resolve any objections through mandatory consultation.

During an activity, carriers must take all reasonable steps to minimise detriment, inconvenience and damage. Carriers are also required to take all reasonable steps to act in accordance with good industry practice, protect the safety of people and property, ensure the activity interferes as little as practicable with the use of the land, and protect the environment.

Carriers are required to take all reasonable steps to restore land to a condition that is similar to its condition before the activity began. Restoration must begin within two weeks after the activity is completed.

The TIO has jurisdiction to investigate and determine complaints relating to a carrier’s failure to adhere to its obligations to the owner or occupier of affected land.

This may involve allegations that a carrier’s methods during an activity and its subsequent efforts to restore land have been inadequate. Common complaints have been that the carrier introduced weeds to a rural property, failed to compact a cable trench, or caused erosion. Unresolved compensation claims based on a carrier’s activity must be determined by a court and are outside the TIO’s jurisdiction.

More information can be obtained at http://www.tio.com.au/FAQ/land_access.htm.

*A carrier is a telecommunications service provider with network facilities. All carriers must be licensed by the Australian Communications and Media Authority.