House debates

Thursday, 14 February 2019

Bills

Telecommunications Legislation Amendment Bill 2018; Consideration in Detail

12:47 pm

Photo of Rebekha SharkieRebekha Sharkie (Mayo, Centre Alliance) Share this | Hansard source

by leave—I move amendments (1) to (7) as circulated in my name together:

(1) Schedule 2, item 5, page 20 (line 15), omit "annual limit", substitute "time limits".

(2) Schedule 2, item 5, page 20 (lines 20 to 22), omit all the words from and including "ensure that" to the end of subclause 8B(1) of Schedule 3, substitute:

ensure that:

  (c) the total number of days in a calendar year on which those facilities remain at that place does not exceed 183; and

  (d) the number of consecutive days on which those facilities remain at that place does not exceed 183.

(3) Schedule 2, item 5, page 20 (line 26), omit "annual limit", substitute "time limits".

(4) Schedule 2, item 5, page 20 (lines 31 to 33), omit all the words from and including "ensure that" to the end of subclause 8C(1) of Schedule 3, substitute:

ensure that:

  (c) the total number of days in a calendar year on which those facilities remain at that place does not exceed 90; and

  (d) the number of consecutive days on which those facilities remain at that place does not exceed 90.

(5) Schedule 2, page 21 (after line 5), after item 6, insert:

6A Subclause 9 ( 1 ) of Schedule 3

  Omit "similar", substitute "equivalent".

(6) Schedule 2, item 7, page 21 (line 16), omit "similar", substitute "equivalent".

(7) Schedule 2, item 7, page 21 (line 25), omit "similar", substitute "equivalent".

I will not take long in this House with these amendments. I move these amendments because I share the concerns of my colleague Senator Griff when it comes to this bill. We understand the importance of flexibility when it comes to the installation of temporary low-impact telecommunication towers in certain circumstances—for example, emergency situations and congested peak times, such as holidays and events. Telecommunications companies do need flexibility, and we believe that's important, and that's something that Centre Alliance supports. However, these provisions cannot be used as loopholes to avoid due process when it comes to community consultation. Telecommunication black spots are a big problem in our area. Goodness knows I've advocated long and hard for more reliable telecommunications in high-risk bushfire areas in my electorate. But towers are a source of considerable angst in my community when they are placed in sites that destroy amenity because telecommunication companies do not collaborate with commercial rivals and do not consult with locals.

My amendments mirror the amendments put forward by Senator Griff to seek to ensure that, when carriers install a temporary tower, it is temporary. We want to refine the words to make sure carriers do not install a temporary tower and leave it installed for back-to-back periods of 183 days in two separate calendar years and, therefore, essentially allow the tower to remain there for a year. A year is not temporary if you're looking at the structure from your home every day. My amendments introduce a limit so that carriers cannot leave a temporary facility installed for more than 183 consecutive days if installed at or near a venue, or for 90 consecutive days if installed during a high-demand holiday period. If the facility is required to remain installed at a venue for longer than 183 days—or 90 days—the carrier should then follow the appropriate approval process to have the facility installed permanently.

My amendments also require carriers to adhere to a fair and reasonable requirement to remove the temporary facility within 28 days of the completed maintenance, repairs or replacement of the existing facility, or 28 days after the end of that date. The site needs to be left in the way the carrier found it, if not better. If it's good enough to require campers and bushwalkers to take their rubbish with them when they go, then I can't see why telecommunications companies should not be required to do the same.

Question negatived.

Bill agreed to.

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