National Broadband Network (Tasmania) Act 2010 (Tas)

National Broadband Network (Tasmania) Act 2010

An Act to provide for the installation of fibre optic cable to premises concurrent with the construction of infrastructure for delivering high-speed broadband and for related matters [Royal Assent 21 December 2010]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the National Broadband Network (Tasmania) Act 2010 .

2. Commencement This Act commences on the day on which this Act receives the Royal Assent.

3. Interpretation In this Act, unless the contrary intention appears – adjoining land, in relation to premises to which a connection cable is or is to be installed under this Act, means land on which it is or may be convenient or necessary for the installer to enter – (a) for the purpose of so installing the cable; or (b) for the purpose of removing the cable under this Act – but does not include the land on which those premises are situated; authorised officer means an individual authorised by the installer or the installer's agent or subcontractor to undertake cable work; business day means a day other than a Saturday, Sunday or statutory holiday within the meaning of the Statutory Holidays Act 2000 ; cable work means – (a) installation of a connection cable; or (b) removal of a connection cable required under this Act; or (c) clearance of land, digging trenches, building conduits for underground cables and other work in preparation for, or necessary for, the installation or maintenance of a connection cable; or (d) pruning and removal of vegetation, clearance of land and other work needed to ensure the safety of a connection cable; or (e) if an authorised officer when carrying out other cable work considers that there is no alternative, adjusting or shutting off any machinery, energy supply, water supply or other thing; or (f) painting, landscaping and other cosmetic works related to the carrying out of other cable work; or (g) any other work related to making good damage to premises or land resulting from the carrying out of other cable work; or (h) if an authorised officer when carrying out other cable work considers that there is an emergency and that there is no reasonable alternative, making use of anything, other than machinery, on the land on which the other cable work is being carried out; or (i) prescribed work; or (j) all other work necessary for the carrying out of other cable work; connection cable means – (a) a fibre optic cable that is attached at one end to premises and at the other end to the distribution network; and (b) any multi-point terminal, premises connection device, optical network terminal or other equipment necessary or incidental to the attachment of a fibre optic cable to premises or the distribution network; distribution network has the meaning given by section 4 ; install, in relation to a connection cable, means attach a fibre optic cable at one end to premises and at the other end to the distribution network; installer means – (a) NBN Co Limited (ACN 136 533 741); or (b) NBN Tasmania Limited (ACN 138 338 271); or (c) Aurora Energy Pty Ltd (ACN 082 464 622); or (d) a prescribed person (including the Crown and a government department); owner means – (a) in the case of a fee simple estate in land, the person in whom that estate is vested; or (b) in the case of land not registered under the Land Titles Act 1980 and subject to a mortgage or other encumbrance under which a person is entitled to an equity of redemption, the person for the time being having that equity of redemption; or (c) in the case of land held under a tenancy for life, the person who is the life tenant; or (d) in the case of land held under a lease – (i) for a term of not less than 99 years; or (ii) if another period of time is prescribed, for a term of not less than that period – the lessee of the land; or (e) in the case of land in respect of which a person has a prescribed interest, that person; or (f) in the case of Crown land within the meaning of the Crown Lands Act 1976 , the Crown in right of Tasmania – but does not include the holder of an interest in land, other than the Crown in right of Tasmania, if the interest of the holder cannot reasonably be discovered by a search of the Register, within the meaning of the Land Titles Act 1980 , or a search conducted at the Registry, within the meaning of the Registration of Deeds Act 1935 ; project means the installation of connection cable to premises concurrently with the construction of the distribution network in the area in which the premises are situated.