Commonwealth Numbered Regulations - Explanatory Statements

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TELECOMMUNICATIONS (ENVIRONMENTAL IMPACT INFORMATION) REGULATIONS 1997 NO.252

Statutory Rules 1997 No. 252

Issued by the Authority of the Minister for Communications and the Arts

Telecommunication's Act 1997

Telecommunications (Environmental Impact Information) Regulations

Background

Paragraph 594(1)(a) of the Telecommunications Act 1997 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed.

Clause 55(4) of Schedule 3 to the Act, provides for the making of regulations which specify the information to be provided by a telecommunications carrier to the Environment Secretary about the environmental impact of the carrying out of the installation and the facility.

Clause 55 of Schedule 3 to the Act, applies to telecommunications carriers proposing to commence to carry out the installation of a facility, authorised under State and Territory legislation rather than by the Act, before 1 January 1999. A facility is defined, in section 7 of the Act, as meaning: (a) any part of the infrastructure of a telecommunications network; or (b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or for use, in or in connection with a telecommunications network.

Installations authorised by the Act are subject to the Code of Practice made under clause 15(1) of Schedule 3 to the Act or any conditions of a facility installation permit issued in compliance with Division 6 of Schedule 3 to the Act.

The purpose of the Telecommunications (Environmental Impact Information) Regulations (the regulations) is to specify the information to be provided by the carriers to the Environment Secretary, in order for the Environment Secretary to be able to adequately assess the environmental impact of the proposed installation and facility and make any necessary recommendations to the Australian Communications Authority (ACA).

The main information requirements in the regulations are as follows:

*       a description of the facility (regulation 6);

*       a description of the location of the facility (regulations 7 and 8);

*       a description of the likely environmental impacts of the facility (regulation 9);

*        a description of measures proposed to protect the environment (regulation 10); and

*       a description of alternative facilities and locations considered (regulation

The information specified in the regulations must be provided to the Environment Secretary, if one or more of the conditions, set out in clause 55(2) of the Schedule 3 to the Act, is satisfied.

For example, the information must be provided if the carrying out of the installation involves any of the following:

*       could threaten the survival or habitat of a threatened species of flora or fauna; or

*       could put a species at risk of becoming a threatened species; or

*       is at an identified property (within the meaning of section 3A of the World Heritage Properties Conservation Act 1983; or

*       is at an area reserved for nature conservation purposes; or

*       is at or near an area or thing entered in the Register of the National Estate; or

*       is at or near an area or thing of particular significance to Aboriginal persons, or Torres Strait Islanders, in accordance with their traditions.

Schedule 3 to the Act, provides that the notice to the Environment Secretary, containing the information specified in the regulations, must be given at least 25 days before commencing to carry out the installation. Where the Environment Secretary makes a recommendation to the ACA, the ACA may after consulting the Director of National Parks and Wildlife and, in certain circumstances, the Australian Heritage Commission, give a written direction relating to the installation.

A failure by a carrier to give the notice to the Environment Secretary would result in a breach of the carrier's licence conditions. It is a licence condition, specified in clause 1 of Schedule 1 of the Act, that the carrier must comply with the Act. Subsection 68 of the Act, states that a carrier must not contravene a licence condition. Such a contravention would give rise to the civil penalty provisions in Part 31 of the Act.

Details of the Telecommunications (Environmental Impact Information) Regulations are as follows:

Regulation 1: Citation

This provides that the Regulations may be referred to as the Telecommunications (Environmental Impact Information) Regulations

Regulation 2: Interpretation

This regulation defines-terms used in the Regulations.

Regulation 3: Purpose

The regulations identify the information to be provided by the carriers to the Environment Secretary if required.

Regulation 4: Conditions in subclause 55(2) that are satisfied

This regulation requires carriers to identify the reason for notification to the Environment Secretary.

Regulation 5: State. Territory and local Government requirements

This regulation requires carriers to provide details of State, Territory or local government processes under which the proposed activity is being examined, with particular reference to consultation relating to heritage and nature conservation.

Regulation 6: Description of the facility

This regulation requires carriers to provide details of the facility including what R will look like and where it will be placed, including the use of existing infrastructure.

For example, if the carrier intends to install a tower, its size, style and height must be described. Relevant maps, plans, drawings and photographs of the tower should also be included, as far as is reasonably practicable, to aid consideration of the proposal.

Regulation 7: Location of the facility

This regulation requires carriers to identify the location of the facility, particularly With regard to World Heritage and national estate values. World Heritage values are described in the Note to Schedule 2 of the regulations.

Regulation 8: Description of the facility location

This regulation requires carriers to describe identified features and values of the location and the proximity of the features to the location of the facility.

For example, if the location has features or values of particular significance to Aboriginal persons or Torres Strait Islanders the statement should describe these and the proximity to the location of the facility.

This regulation is necessary to facilitate a meaningful assessment of the environmental impact of the facility.

Regulation 9: Environmental impact assessment of the facility

This regulation requires carriers to describe the likely impacts on the environment of the installation, operation and maintenance of the facility, including biophysical conservation and heritage values and features as identified in Schedule 1 and 2 respectively. This regulation recognises that it is important to assess the continuing impact of the facility on the environment as well as the immediate impact. The details of any management plan relevant to the World Heritage Area and any consultations With indigenous communities should also be included in the statement provided by the carrier.

Regulation 10: Measures to protect the environment

This regulation requires carriers to describe measures they intend to implement to minimise degradation of the environment, including measures to minimise damage to ecosystems, environmental quality, and future uses, avoid increased fire risk and ensure restoration.

Regulation 11: Alternative facilities and locations

This regulation requires carriers to identify alternative facilities and locations considered and the reason for choosing the preferred facility or location. The Note to this regulation indicates that technical, environmental, heritage and telecommunications network configuration reasons are examples of reasons for a carrier choosing a proposed facility and location. The statement must demonstrate that there are no prudent and feasible alternatives to the proposed facility and location, if this is the belief of the carrier.

Regulation 12: Contact officer of the carrier

This regulation requires carriers to identify a contact for providing information about the proposed facility.

Schedule 1: Biophysical Conservation Values

The Schedule identifies biophysical conservation values that may be affected by the proposed activity. For example threatened species and endangered ecological communities.

Schedule 2: Heritage Values and Features

The Schedule identifies heritage values and features that may be affected by the proposed activity. For example World Heritage. The Note to the Schedule explains in greater detail the terms used, such as historic heritage values and features including archaeological sites, and places significant for their architectural or scientific value.