Schedule 3 of the Telecommunications Act 1997 (Cth)
provides telecommunications carriers with a raft of powers that
allow them to install and maintain telecommunication facilities on
public and private property. The extent of these powers may
surprise some, including allowing carriers to install equipment on
property despite the lack of consent of the owners, occupiers or an
administrative authority. Schedule 3 also provides an
"immunity" against many environmental and planning laws.
Telecommunication carriers have recently asked the Australian
Government to consider widening the extent of these powers to
better enable them to rollout telecommunication infrastructure.
The powers under
Schedule 3 include the power for carriers to install
facilities, maintain existing facilities and inspect land to
determine its suitability for facilities. Before engaging in any of
these activities the carrier must provide notice of at least 10
business days to any owner or occupier
