Land Access Reform

What is Land Access Reform (LAR)?

This a simplified process for installing fibre where there are multiple interests in a property.

The Telecommunications Act 2001 (Act) is the act that fibre broadband companies like us need to follow. Some changes were made in 2017 that introduced a simplified process for installing fibre where there are a few neighbours who share areas such as driveways, cross-lease shared areas or are multiple occupants in a property such as apartment buildings.

The changes were made under the Telecommunications (Property Access and Other Matters) Amendment Act 2017 and they came into force in 2017. They are known as the Land Access Reforms.

The Land Access Reforms are good news for you! It means that more individuals or businesses can access high speed broadband with a simplified consent process.

The Land Access Reforms created a 3-tiered system of categories to ensure that property owners who share access areas or driveways have their interests protected.

Categories

The Land Access Reforms permit us to categorise the build work to decide if it can be performed in one of three ways:

1 – Using a notification process without a right of objection. This means that consent is not required from the neighbours who share the common areas provided we follow the timeframes set out in the Act

2 – Using a notification process with a right of objection. This means that while consent is not required from the neighbours who share the common areas, if they have certain grounds, they can object to the planned work. We handle the objection in accordance with the Act

3 – Using a consent process where we require the person who placed the order to collect in consents from the neighbours who share the common areas. This is not a procedure set out under the Act

Category 1

Low Impact communal work 

This category is where the installation work will have a minimal lasting effect on your property or shared area. We will give you at least five working days’ notice before we get started. This is done via a notification letter.  There is no right to object to this notification.

Examples of low impact work include soft surface reinstatement, aerial (overhead) installations, underneath paving stones or where we use existing ducts or conduits.

Category 2

Medium Impact communal work 

This category is where the installation work may have some physical impact on your property or shared area. We will give you at least fifteen working days’ notice before we can get started. You can lodge an objection on specific grounds. The build work will take place within 3-6 weeks after notification letters have been sent out.

Examples of medium impact work include limited amounts of hard surface work to allow access to existing ducts, entry/exit points for drilling or thrusting and small amounts of general trenching. This category also includes installations where equipment is attached to specified structures and installations inside a building.

Category 3

High Impact communal work 

This category is where the installation work could or will have a greater impact on your property or shared area. The Land Access Reforms do not permit a notification process to be used for this category of work. This means that we need consent from the other neighbours who have a legal entitlement to use shared areas before we can get started on the planned work. We have a dedicated consenting team who manage the consents for this category.

Examples of high impact work include extensive trenching and reinstatement of hard surfaces.

Click below for more information on the Consent process or to print and fill out a Consent form.

Objections

If you have any concerns with the planned fibre build on your property, and the work has been classed as a category 2 build, you can lodge an objection to the proposal on limited grounds.