Environment Protection and Biodiversity Conservation Amendment Regulations 2001 (No. 2) 2001 No. 306
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 306
Issued by the Authority of the Minister for the Environment and Heritage
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation Amendment Regulations 2001 (No. 2)
Subsection 520(1) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides that the Governor-General may make regulations prescribing all matters: (a) required or permitted by the Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of the amending regulations is to remove Telstra Corporation Limited (Telstra) and its subsidiaries from the definition of 'Commonwealth agency' for the purposes of the Act. Telstra, due to its current status as a Commonwealth agency, is subject to a greater number of requirements under the Act than other telecommunication carriers.
Paragraph (j) of the definition of 'Commonwealth Agency' in section 528 of the Act allows a regulation to be made to remove a company from that definition for the purposes of the Act. Telstra and its subsidiaries are companies by virtue of their being incorporated under the former Corporations Law. Telstra's incorporation as a company is also dealt with in the Telstra Corporation Act 1991.
The amending regulations will have the effect of making Telstra's obligations under the Act equivalent to those of its private industry competitors. Telstra, along with other carriers, shall be required to meet the provisions of the Act relating to protecting matters of national environmental significance, and in relation to the undertaking of actions on Commonwealth land (as defined under the Act). The proposed regulations will not alter Telstra's environmental obligations under the Commonwealth's Telecommunications Act 1997, Telecommunications (Low-impact Facilities) Determination 1997, or the Telecommunications Code of Practice 1997. Telstra's obligations under these pieces of legislation will continue to be the same as for all other telecommunication carriers operating in Australia. These obligations include requiring approval from Environment Australia for the development of low-impact facilities where they may have an impact on, or are near, an environmentally sensitive area or matter identified in the Code, and compliance with State and Territory environment and planning laws for non-low impact facility developments. The combination of the Act, the above mentioned Telecommunications controls, and the application of State and Territory environment and planning laws will provide an appropriate environmental protection regime for activities undertaken by Telstra.
Details of the amending Regulations are set out in the Attachment.
The amending Regulations commence on gazettal.
Attachment
Environment Protection and Biodiversity Conservation Amendment Regulations 2001 (No. 2)
Regulations 1 - 3
Provides the name and commencement date of the regulations and that Schedule 1 contains the amendments to the Environment Protection and Biodiversity Conservation Regulations 2000. The Regulations commence on gazettal.
Item 1 Schedule 1 Amendment Regulation 19.02
This amendment by virtue of paragraph (j) of the definition of 'Commonwealth Agency' in section 528 of the Environment Protection and Biodiversity Conservation Act 1999 removes Telstra Corporation Limited and its subsidiary companies from that definition for the purposes of the Act.
Overview
The Environment Protection and Biodiversity Conservation Amendment Regulations 2001 (No. 2) were enacted to amend the Environment Protection and Biodiversity Conservation Act 1999 (the Act) by removing Telstra Corporation Limited and its subsidiaries from the definition of 'Commonwealth agency'. This was achieved through the authority of the Minister for the Environment and Heritage. The problem that this legislation was introduced to address was the disparity in regulatory requirements between Telstra, as a Commonwealth agency, and its private industry competitors. By making this amendment, the legislation aims to ensure that Telstra's obligations under the Act are equivalent to those of its competitors, while still maintaining appropriate environmental protections for activities undertaken by Telstra. This change is intended to create a more balanced and fair regulatory environment for all telecommunications carriers operating in Australia.
Scope and Application
The Environment Protection and Biodiversity Conservation Amendment Regulations 2001 (No. 2) apply to Telstra Corporation Limited and its subsidiaries, removing them from the definition of 'Commonwealth agency' under the Environment Protection and Biodiversity Conservation Act 1999. This legislative amendment ensures that Telstra's obligations and requirements under the Act align with those of other telecommunications carriers in Australia. By removing Telstra from the definition of 'Commonwealth agency', the regulations aim to standardise the regulatory requirements for all telecommunications companies, thereby maintaining a consistent environmental protection regime across the industry. This change does not affect Telstra's existing environmental obligations under other legislation, including the Telecommunications Act 1997 and related codes and practices, which continue to apply. The regulations, which include amendments to the Environment Protection and Biodiversity Conservation Regulations 2000, commence upon gazette and are designed to streamline the regulatory environment for telecommunications companies, ensuring they all face the same environmental protection standards as set out in the Act.
Key Provisions
The Environment Protection and Biodiversity Conservation Amendment Regulations 2001 (No. 2) primarily focus on amending the definition of 'Commonwealth agency' under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Specifically, Regulation 19.02, as detailed in Item 1 of Schedule 1, removes Telstra Corporation Limited and its subsidiary companies from the definition of 'Commonwealth agency' (section 528). This change is intended to ensure that Telstra and its subsidiaries face the same environmental obligations as other telecommunications carriers in Australia.
These regulations impose several obligations on Telstra and its subsidiaries. Firstly, they must comply with the provisions of the Act that pertain to protecting matters of national environmental significance. This includes taking necessary measures to avoid, mitigate, or offset any potential environmental impacts of their activities. Secondly, they must adhere to the regulations concerning actions taken on Commonwealth land. This includes obtaining any necessary approvals for the development of facilities, particularly those that might impact environmentally sensitive areas. Additionally, Telstra must continue to comply with other environmental obligations under the Telecommunications Act 1997, the Telecommunications (Low-impact Facilities) Determination 1997, and the Telecommunications Code of Practice 1997. This ensures a comprehensive environmental protection regime for Telstra’s activities.
Failure to comply with the requirements set out in the Environment Protection and Biodiversity Conservation Act 1999 and related regulations can result in various consequences. Under the Act, breaches may lead to civil penalties. The maximum penalty for contravening the Act is generally outlined in section 550, which provides for a fine of up to $1.1 million for corporations, reflecting the severity of non-compliance. Additionally, criminal penalties may apply, with section 551 outlining potential imprisonment terms for individuals who wilfully or recklessly breach the Act. Furthermore, the Act empowers authorised officers to take enforcement actions, including issuing infringement notices for less severe breaches. These provisions underscore the importance of adhering to the environmental obligations imposed by the Act and related regulations.