Can NBN easement be used to install other utilities

Discussion in 'Legal Issues' started by 29349, 25th Jan, 2021.

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  1. 29349

    29349 Well-Known Member

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    Can NBN easement be used to install other utilities such as water, electric.
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    NBN doesn't have an easement, they have rights of access under the Telco Act
     
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  3. Buynow

    Buynow Well-Known Member

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    Presumably not to go across someone else’s land?
     
  4. bmc

    bmc Well-Known Member

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    have you asked NBN ???
    pretty sure there are clearance specifications

    and easement terms may need to be amplified (sec 88b ?)

    is this related

    Unregistered electric cable
     
  5. 29349

    29349 Well-Known Member

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    Separate issue, the NBN cable runs from a person's 1 land across another person's 2 land to main road. Does the NBN cable have to be in an easement?
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Sounds like a battleaxe block which has a ROW and a right to run services within the ROW. You need to know the terms of the ROW and any other covenant affecting the land.
     
  7. 29349

    29349 Well-Known Member

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    Cheers for the messages, just trying to ascertain what NBN legally creates in order to install NBN cable on someone's land. Does NBN create an easement, ROW, or can it simply walk onto someone's land and install cable without creating an easement or ROW or any other legal entity.
     
  8. 29349

    29349 Well-Known Member

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    And then question 2: can that ROW or easement be shared with other utilities. (With or without permission of landowner)
     
  9. Scott No Mates

    Scott No Mates Well-Known Member

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    If you're bored, read Telecommunications Act 1997 Schedule 3

    They have the power to issue notice (Land Access & Activity Notice or LAAN also called LIFD for NBN) so there's no requirement for an easement. You can only object on very limited grounds not because you don't want it etc. The Telco can then decide if it will modify the activity or reject your objection.
     
  10. Mark F

    Mark F Well-Known Member

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    This is one of those posters asking a question without any context - doesn't deserve a reply.
     
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  11. 29349

    29349 Well-Known Member

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    Without being impolite, my reply:
    The context is:
    Someone else's NBN on a block running down one half. Also running down the other half, an unregistered water line also belonging to that someone else with the NBN.
    Resulting in said block owner sitting with someone else's NBN cable and water line running down his land and rendering him unable to build due to lack of space, unless he builds a 1.5m wide dwelling.
    Can the water line be moved to run along NBN line so the two can coexist?
    Hence The question: does NBN have easement so water can share it?
    In order to Make space to build.

    NBN line can't be moved, easier to move h20.

    The alternative don't move water don't build.


    Many of these scenarios in property in Tasmania. (Thus caveat emptor. Do due diligence as no vendor disclosure)
     
    Last edited: 26th Jan, 2021
  12. Scott No Mates

    Scott No Mates Well-Known Member

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    NBN occupy under statutory powers, it is a criminal offence under the Telco Act to interfere with a telecommunications installation - only a licensed cabler can modify the service. If you pay & have the owner of the service agree that you may relocate it, then you may be able to redirect it.
     
  13. 29349

    29349 Well-Known Member

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    Thanks for the reply.
    Can water be moved to coexist in same easement or ROW as NBN