Stirling Griff (SA, Centre Alliance) Share this | Hansard source

by leave—I move amendments (1) to (4) on sheet 8587:

(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.

These amendments seek to ensure that when carriers install a temporary tower the tower will, in fact, be temporary. At the moment, this bill allows carriers to install temporary towers without regard to local government regulations, provided they are designated as low-impact facilities. A temporary communications tower is a low-impact facility in five circumstances, including while the existing facility is undergoing maintenance or repairs; when it is being replaced; or to provide extra capacity during major events or during high-demand holiday periods. They can also be installed to provide services to emergency services organisations during an emergency or a natural disaster. Ordinarily, carriers would be required to seek the approval of local and state government before installing these temporary towers. But schedule 2 of this bill provides immunity from laws relating to land use, planning, design, construction, environmental assessment and protection.

There is, of course, a significant benefit to the community in ensuring that there is uninterrupted service during both emergencies and peak periods. However, we want to ensure that carriers don't exploit loopholes in the current drafting which would potentially allow them to have a temporary tower in place for up to 366 days. At the moment, the wording of the bill would allow carriers to leave a temporary facility installed for a back-to-back period over two calendar years, using the reasoning that it is for multiple events or high-demand holidays. This rides roughshod over important planning, consultation and safe assessment considerations.

Our 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 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 either 183 days or 90 days, the carrier should then follow the appropriate approval process to have this facility installed permanently. We also expect that carriers will adhere to the rules under clause 8A, which requires them to remove the temporary facility within 28 days after they have completed maintenance, repairs or replacement of the existing facility, or within 28 days after the end of an event.

I also confirm that Centre Alliance will not be supporting the amendments put forward by the Greens, which remove the ability for low-impact facilities to provide for additional capacity at venues or during high-demand holiday periods. Although we understand the rationale behind these amendments, we feel there is a substantial public benefit in allowing carriers to be able to ensure good coverage during high-demand holiday periods and at venues during major cultural, music and sporting events.