Commonwealth Consolidated Acts

NATIONAL TRANSMISSION NETWORK SALE ACT 1998 - SECT 24

  (1)   A State regulatory law does not apply, and is taken never to have applied, in relation to any protected activity that occurred before the commencement of this Act.

  (2)   Subsection   (1) is not intended to imply anything about:

  (a)   the application, in relation to a protected activity, of any law of a State or Territory (other than a State regulatory law); or

  (b)   the application of any law of a State or Territory in relation to an activity other than a protected activity.

  (3)   A State regulatory law does not apply to a site or telecommunications facility that:

  (a)   is owned by the Commonwealth, an NTC or a declared successor; and

  (b)   was used at any time before the commencement of this Act in connection with a protected activity.

  (4)   A rule of the common law relating to trespass does not apply to a site or telecommunications facility that:

  (a)   is owned by the Commonwealth, an NTC or a declared successor; and

  (b)   was used at any time before the commencement of this Act in connection with a protected activity.

  (5)   Subsections   (3) and (4) do not apply to a building, structure or other telecommunications facility that commenced to be constructed after the commencement of this Act.

  (6)   In this section:

"activity" includes an act.

"law" includes:

  (a)   a provision of a law;

  (b)   subordinate legislation or a provision of subordinate legislation.

"protected activity" means an activity carried out:

  (a)   by the Commonwealth; or

  (b)   for or on behalf of the Commonwealth by an agent, employee or contractor of the Commonwealth;

solely or principally in connection with the pro vision of a broadcasting service in the broadcasting services bands (within the meaning of the Broadcasting Services Act).

"State regulatory law" means a law of a State or Territory that relates to any of the following matters:

  (a)   town planning;

  (b)   the use of land;

  (c)   tenancy;

  (d)   powers and functions of local government bodies;

  (e)   standards applicable to the design, or manner of construction, of a building, structure or facility;

  (f)   approval of the construction, occupancy or use of a building, structure or facility;

  (g)   alteration or demolition of a building, structure or facility;

  (h)   the protection of the environment;

  (i)   dangerous goods;

  (j)   licensing in relation to:

  (i)   carrying on a particular kind of business or undertaking; or

  (ii)   conducting a particular kind of operation.