New South Wales Repealed Regulations

This legislation has been repealed.

STATE ENVIRONMENTAL PLANNING POLICY NO 72--LINEAR TELECOMMUNICATIONS DEVELOPMENT--BROADBAND - REG 7

7 Aerial subscriber connections to a telecommunications network

(1) This clause applies to development being:

(a) the connection from a subscriber's premises to a telecommunications network project by means of a cable that is wholly or partly an aerial cable, or

(b) the erection of a structure that is:

(i) necessary to enable such a connection to be made, or

(ii) ancillary to the making of such a connection,

being a structure that is located between the point of connection of the cable to the subscriber's premises and the point of connection of the cable to the telecommunications network project.

(2) If, under the provisions of any other environmental planning instrument, development to which this clause applies is prohibited or may be carried out but only with development consent, the development may, despite those provisions, be carried out without the necessity for development consent, if:

(a) the subscriber's premises and any land or other thing traversed by the connection do not comprise an item of environmental heritage, and

(b) electricity is not supplied to the subscriber's premises by means of an underground connection..

(3) If, under the provisions of any other environmental planning instrument, development to which this clause applies is prohibited, the development may, despite those provisions, be carried out, but only with development consent, if:

(a) the subscriber's premises and any land or other thing traversed by the connection comprise an item of environmental heritage, or

(b) electricity is supplied to the subscriber's premises by means of an underground connection.

(4) A cable erected in accordance with this clause, to the extent to which it is an aerial cable, must:

(a) be consistent with the Austroads publication Telecommunications in Road Reserves--Operational Guidelines for Installations , as amended from time to time, and

(b) comply with the standards of the appropriate road authority.

(5) In this clause, "item of environmental heritage" means:

(a) any place, building, work, relic or precinct to which an interim heritage order or listing on the State Heritage Register under the Heritage Act 1977 applies, or

(b) any place, building, work, relic, tree or precinct that is identified as a heritage item, or an item of environmental heritage, or by a similar description, in an environmental planning instrument, or

(c) any place that comprises, or any thing that is within, an area identified in an environmental planning instrument as a heritage conservation area.