Telecommunications (Environmental Impact Information) Regulations (Cth)

Statutory Rules 1997No. 252 1

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Telecommunications (Environmental Impact Information) Regulations

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Telecommunications Act 1997.

Dated 17 September 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

RICHARD ALSTON

Minister for Communications and the Arts

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Citation

 1. These Regulations may be cited as the Telecommunications (Environmental Impact Information) Regulations.

[Note:  These Regulations commence on gazettal:  see Acts Interpretation Act 1901, section 48.]

Interpretation

 2. In these Regulations, unless the contrary intention appears:

“Aboriginal person” has the same meaning as in Schedule 3 to the Act;

“carrier”, for the installation of a facility, means the carrier that intends to carry out the installation of the facility;

“designated overhead line” has the same meaning as in Schedule 3 to the Act;

“endangered ecological community” has the same meaning as in Schedule 3 to the Act;

“environment” has the same meaning as in Schedule 3 to the Act;

“installation” has the same meaning as in Schedule 3 to the Act;

“the Act” means the Telecommunications Act 1997;

“threatened species” has the same meaning as in Schedule 3 to the Act;

“Torres Strait Islander” has the same meaning as in Schedule 3 to the Act.

Purpose

 3. These Regulations specify the information that must be set out in a statement, under subclause 55 (4) of Schedule 3 to the Act, about the environmental impact of:

• (a)

  the carrying out of the installation of a facility; and

• (b)

  the facility.

[Note:  Clause 55 of Schedule 3 to the Act applies if a carrier proposes, for purposes connected with the supply of a carriage service, to commence installation of a facility before 1 January 1999, the installation is not authorised by Division 3 of Part 1 of the Schedule, and the Commonwealth has an environmental interest in the installation in a way mentioned in subclause 55 (2). Subclause 55 (3) requires the carrier to give written notice of the proposal to the Environment Secretary. Subclause 55 (4) provides that the notice must be accompanied by a statement setting out the matters specified in these Regulations.]

Conditions in subclause 55 (2) that are satisfied

 4. The statement must set out the conditions in subclause 55 (2) of Schedule 3 to the Act that are satisfied.

State, Territory and local government requirements

 5. The statement must set out details of:

• (a)

  any administrative and legislative requirements of a State, Territory or local government authority that must be satisfied for installation, operation and maintenance of the facility; and

• (b)

  consultations by the carrier with a State, Territory or local government authority about installation, operation and maintenance of the facility, including consultations relating to heritage and nature conservation.

Description of the facility

 6. (1) The statement must set out a description of the kinds of structures comprising the proposed facility, including:

• (a)

  the type, colours and dimensions of each structure; and

• (b)

  the size, style and height of any tower; and

• (c)

  the number of antennas (if any) and their types and heights; and

• (d)

  the size of any equipment shed and security fencing.

 (2) The statement must set out whether infrastructure exists at the location of the facility and, if so, the extent to which it will be used in the installation, operation or maintenance of the facility.

 (3) The statement must set out details of any existing access roads to the facility.

 (4) As far as is reasonably practicable, the statement must include:

• (a)

  relevant maps, plans, drawings, elevations, perspectives or photographs in forms and scales appropriate to the facility; and

• (b)

  photomontages if they would help in assessing visual impact.

 (5) If national estate or World Heritage values are likely to be affected by the installation, operation or maintenance of the facility, the information mentioned in subregulations (1) to (4) (inclusive) must be explained in a manner that demonstrates the way those values would be affected.

Location of the facility

 7.(1) The statement must set out information that identifies the location of the facility, including the address or name of the location.

 (2) The statement must set out whether the facility is to be located:

• (a)

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

• (b)

  in an area that is subject to World Heritage List nomination; or

• (c)

  in or near an area that is entered in the Register of the National Estate or the Interim List for that Register.

Description of the facility location

 8. (1) The statement must set out a description of the location of the facility, including a description of the following features and values:

• (a)

  World Heritage values;

• (b)

  national estate values;

• (c)

  species of flora and fauna that occur and, in particular, threatened species and endangered ecological communities;

• (d)

  geological and geomorphological features;

• (e)

  features and values of particular significance to Aboriginal persons, or Torres Strait Islanders, in accordance with their traditions;

• (f)

  archaeological values;

• (g)

  other heritage values;

• (h)

  land use.

 (2) The statement must set out a description of the proximity of the features mentioned in subregulation (1) to the location of the facility.

Environmental impact assessment of the facility

 9. (1) The statement must set out separately details identifying the likely impact on the environment of:

• (a)

  carrying out the installation; and

• (b)

  the operation of the facility; and

• (c)

  the maintenance of the facility.

 (2) The details for paragraphs (1) (a), (b) and (c) must include:

• (a)

  a description of the likely impact on biophysical conservation values, including the likely impact on the items mentioned in Schedule 1; and

• (b)

  a description of the likely impact on heritage values, including the likely impact on the items mentioned in Schedule 2; and

• (c)

  a description of the likely impact on visual amenity.

 (3) The statement must set out:

• (a)

  details about the extent to which the installation, operation and maintenance of the facility is dealt with under a management plan relevant to the World Heritage Area; and

• (b)

  a description of any consultations by the carrier with indigenous communities about the installation, operation and maintenance of the facility.

Measures to protect the environment

 10. The statement must set out a description of measures that the carrier intends to implement to minimise degradation of the environment caused by installation, operation and maintenance of the facility, including a description of measures that the carrier intends to implement to:

• (a)

  minimise damage to ecosystems, including damage caused by:

  • (i)

    construction of access roads; or

  • (ii)

    clearing land; or

  • (iii)

    burning or modifying native vegetation communities; or

  • (iv)

    displacing and disturbing fauna; or

  • (v)

    clearing remnant vegetation and wildlife corridors; or

  • (vi)

    changing the distribution of water flows; or

  • (vii)

    modification of river banks; and

• (b)

  minimise degradation of the quality of the environment and preserve the features and values that:

  • (i)

    are mentioned in Schedule 2; and

  • (ii)

    exist at or near the location of the facility; and

• (c)

  avoid causing danger to the safety and existence of flora and fauna; and

• (d)

  avoid creating limitations on the future beneficial use of the environment; and

• (e)

  minimise pollution and manage waste in a safe and responsible manner; and

• (f)

  minimise ground disturbance and introduction of weeds; and

• (g)

  avoid the introduction of increased fire risk; and

• (h)

  restore the location of the facility after:

  • (i)

    the installation has been carried out; and

  • (ii)

    the facility has been removed.

Alternative facilities and locations

 11. (1) The statement must set out:

• (a)

  details about facilities and locations other than the proposed facility and location that the carrier considered; and

• (b)

  the reasons the carrier chose the proposed facility and location instead of the other facilities and locations.

[Note:  Technical, environmental, heritage and telecommunications network configuration reasons are examples of reasons that a carrier may have for choosing a proposed facility and location instead of other facilities and locations.]

 (2) If the carrier believes that the proposed facility and location are the only prudent and feasible facility and location, the statement must demonstrate that there are no prudent and feasible alternatives to the proposed facility and location.

Contact officer of the carrier

 12. The statement must set out:

• (a)

  the name of the officer of the carrier who is responsible for providing information about the facility; and

• (b)

  details of how the officer may be contacted.

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 SCHEDULE 1 Paragraph 9 (2) (a)

biophysical conservation values

Item	Biophysical conservation value
1	World Heritage values
2	Threatened species and endangered ecological communities
3	Wetlands listed under the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (as amended by the 1982 Protocol and the 1987 Amendment), done at on 2 February 1971
4	Wetlands listed in “A Directory of Important Wetlands in Australia” published by the Biodiversity Group of Australia, as in force from time to time
5	Migratory bird species listed under the Agreement between the Government of Australia and the Government of the People’s Republic of China for the Protection of the Migratory Birds and their Environment, done at Canberra on 20 October 1986
6	Migratory bird species listed under the Agreement between the Government of Australia and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction and their Environment, done at Tokyo on 6 February 1974
7	Wilderness values as referred to in Annex I of the Convention on Biological Diversity (1992)
8	Features of the natural environment that are important for their existence value, or for present or future generations in terms of their scientific, aesthetic or life-support value

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 SCHEDULE 2 Paragraph 9 (2) (b)

heritage values and features

Item	Heritage value or feature
1	World Heritage
2	Historic heritage values and features
3	Natural heritage values and features
4	Indigenous heritage values and features
5	Areas or things entered in the Register of the National Estate or in the Interim List for that Register

[Note:  

World Heritage values are those of such outstanding universal value that their conservation is of concern to all people.

 Places with these values are recognised through their inscription on the World Heritage List by UNESCO’s World Heritage Committee. World Heritage values can be of outstanding universal natural value, outstanding universal cultural value or both. Australia’s places on the World Heritage List include Kakadu National Park, Uluru-Kata Tjuta National Park, the Great Barrier Reef, the Wet Tropics of Queensland, the Tasmanian Wilderness, Fraser Island and Shark Bay.

Historic heritage values and features include historic structures and sites, archaeological sites, conservation areas, cultural landscapes, gardens and trees, and places significant for their social, historic, aesthetic, architectural, anthropological or scientific value.

Natural heritage values and features include features of the natural environment that are important for their existence value, or for present or future generations in terms of their scientific, social, aesthetic or life-support value.

 These include natural processes, ecosystems, biological diversity, geodiversity (including geological and geomorphological features) and wilderness.

Indigenous values and features include areas or things of particular significance to Aboriginal persons or Torres Strait Islanders, in accordance with their traditions.

 These places may be valued for a single value or combination of values that may include social, aesthetic, historic or scientific values for present, past or future generations. Social values include spiritual and traditional values.]

NOTE

1. Notified in the Commonwealth of Australia Gazette