New South Wales Consolidated Acts
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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 188
Administration of existing telecommunications interests
188 Administration of existing telecommunications interests
(1) In this section--
"broadcasting or telecommunications facility" means a facility used for the
purpose of providing broadcasting services within the meaning of the
Broadcasting Services Act 1992 of the Commonwealth, or a facility within the
meaning of the Telecommunications Act 1997 of the Commonwealth-- (a) the use
of which is authorised under the Forestry Act 2012 or
Crown Land Management Act 2016 , or
(b) that was lawfully constructed under
Commonwealth legislation and exempted at the time of construction under that
legislation from the requirement for authorisation under State legislation.
"existing facility" means a broadcasting or telecommunications facility
situated on land reserved under this Act and in existence on the
relevant date.
"relevant date" means, in relation to a
broadcasting or telecommunications facility-- (a) if the land on which the
facility is situated was reserved under this Act immediately before the
commencement of this section--the date of that commencement, or
(b) if the
land on which the facility is situated is reserved under this Act on or after
the commencement of this section--the date on which the land was so reserved.
(2) At the request of a person who is the owner of an existing facility, the
Minister may grant the person a lease or licence under this section for the
purposes of enabling the facility to be used and maintained.
(3) The Minister
may grant a lease or licence under this section in respect of an
existing facility to which paragraph (b) of the definition of
"broadcasting or telecommunications facility" in subsection (1) applies only
if the facility is no longer exempt from the requirement to be authorised
under State legislation at the date of the grant of the lease or licence.
(4)
On the grant of a lease or licence under this section in respect of an
existing facility, any authorisation referred to in paragraph (a) of the
definition of
"broadcasting or telecommunications facility" in subsection (1) in respect of
the facility is revoked.
(5) Any lease or licence granted under this section
is subject to such terms and conditions as the Minister may determine.
(6)
This section does not limit section 187.
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