Infill subdivision - fibre-ready facilities required?

Hi all,

If you have subdivided and built multiple properties on suburban infill (not in new estates) recently, has your builder required you to pay a variation worded similar to this?

Under the "Department of Broadband Communications and the Digital
Economy Legislation" it is required for all new developments to ensure
that pit and pipe, including trenching, ducting, design and third-party
certification for development approval purposes are installed and are
fibre ready. The additional cost includes all relevant works required by
the legislation to make this development fibre ready.

I already have phone conduits installed, yet this variation is priced at over $4.5k for a duplex build, and for NBN requirements, I cannot see how it applies to my site. The builder is threatening violation of the Telecommunications Act if I do not sign this variation, as well as civil penalties in the hundreds of thousands of $$ for violating the Telecommunications Act 1997. My suburb is not on the NBN rollout map for at least another 3 years, and the NBN FAQ (http://www.nbnco.com.au/industry/new-developments/new-developments-faqs.html) states that:

Who will install broadband infrastructure into new developments with less than 100 premises?

The federal government's Fibre in New Developments Policy details who is responsible for the provision of infrastructure and services in new developments as a "provider of last resort". Nothing in the Policy prevents developers of any size development from requesting any provider to supply infrastructure in, or to service, their estate. Any such provider is free to comply with such a request, but is not required to do so, other than NBN Co and Telstra in the separate circumstances applying to each of them as "providers of last resort" as described in the Policy. Under the Policy developers with developments with less than 100 premises can therefore request telecommunications infrastructure from NBN Co, Telstra or other telecommunications providers. Applications submitted to NBN Co will be reviewed and only approved in accordance with the Policy, for example, if they are:
in an area where NBN Co has already rolled out fibre and the fibre is ready and capable of connection; or
In an area NBN Co has publically identified as a rollout region - this is on the basis rollout regions will be announced 12 months prior to the ready for service date.

I'm currently in an existing stage that has copper, but future stages are getting fibre. When do l get it?

As there is existing Telstra infrastructure in the street this is considered an existing area and not a new development subject to the federal government's Fibre in New Developments Policy.

How much is it going to cost me to wire my home for the NBN?

The minimum requirement for the NBN to be installed from the street to a home in a new development is generally for a lead-in pipe from the pit in the street to the home [and then for an internal communications conduit to be supplied from the exterior of the home into the home] to NBN Co guidelines. The cost of this work will vary depending on your builder/cabler and should be discussed with them.

I have never heard of this "pit and pipe" being required for a residential duplex subdivision, has anyone else? I have spoken to all the relevant authorities and departments and they don't think the builder is correct - the telecommunications conduit that has already been installed is suffice for the NBN connection in the future - NBN will simply pull their fibre cable through when it comes to roll out in the suburb. The above legislation seems only to apply to land developers of new GREENFIELDS estates, not suburban infill?

Can anyone shed some light?

Cheers,
 
Have already spoken to everyone and all their information is the opposite of what the builder is saying. I am seeking more advice as I think the builder is trying to pull a swifty.
 
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