Licence Area Plan - Nowra Radio – Variation No. 1 of 2008

Administered by Department of Communications and the Arts

Legislation au F2008L02155 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Section 26 – Legislative Instruments Act 2003

Licence Area Plan Variation

Nowra Radio

© Commonwealth of Australia 2008

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LEGISLATIVE INSTRUMENTS ACT 2003

Section 26 - Explanatory Statement

Variation to the licence area plan for Nowra Radio – No 1 of 2008 made under the Broadcasting Services Act 1992

In accordance with the Australian Communications and Media Authority Act 2005, from 1 July 2005 the Australian Communications and Media Authority (ACMA) exercises powers and functions under the Broadcasting Services Act 1992 (the BSA) previously exercised by the Australian Broadcasting Authority (ABA).

The Nowra Radio Licence Area Plan (LAP) (the principal instrument) was made by the ABA on 12 August 1999 and varied on 18 November 2004. However the effect of the variation instrument made by the ABA on 18 November 2004 is uncertain due to a lack of clarity in the drafting of the variation instrument.

On 5 June 2008, ACMA made a further variation to the LAP for Nowra Radio and that variation is referred to in this Explanatory Statement as “the instrument”. In addition to incorporating further changes, this variation ensured that the changes intended to be made by the previous variation would also take effect.

The LAP and variations

ACMA prepares LAPs under subsection 26(1) of the BSA. LAPs determine the number and characteristics, including technical specifications, of broadcasting services that are to be available in particular areas of Australia with the use of the broadcasting services bands.

ACMA may, by legislative instrument, vary LAPs under subsection 26(2) of the BSA.

On 6 July 2007, ACMA prepared new technical planning guidelines, the Broadcasting Services (Technical Planning) Guidelines 2007, under section 33 of the BSA. All references to “Technical Planning Guidelines’ in this variation have been updated to refer to the new Guidelines. However, there is no substantive difference between references in the LAP to ‘Technical Planning Guidelines’ and the Broadcasting Services (Technical Planning) Guidelines 2007.

Intended impact and effect

In relation to broadcasting services, the instrument varies the site and operating conditions for the community radio service currently operated by 2WYR in Nowra by:

  • amending the transmitter site from Moss Vale to Mt Gibraltar;
  • increasing the transmission power from 10 W to a maximum ERP of 200 W; and
  • increasing the size of licence area that the community radio service may operate such that it is identical to the Bowral RA1 licence area (in which the 2WKT community radio service currently operates).

 

These changes will increase the efficient use of the radiofrequency spectrum.

In order to improve readability, the instrument also makes variations of a minor and administrative nature to:

  • vary the definition of the licence areas so that they are described in terms used by the Australian Bureau of Statistics in the 2001 Census and are consistent with the most recent determination of populations of licence areas made under section 30 of the BSA;
  • correct previous drafting errors; and
  • delete information, included for reference only, that does not form part of the LAP and which may create confusion.

ACMA intends the effect of these variations to be to clarify the rights and obligations of radio broadcasting licensees in the Nowra area. ACMA does not intend the variations to alter those rights and obligations.

 

Consultation and Submissions

Before making the decision to vary the LAP, ACMA undertook the following steps by way of consultation:

On 26 September 2007, ACMA published the following papers on its website:

  • a draft variation to the Nowra LAP;
  • an explanatory paper about the changes proposed in the draft variation to the LAP, inviting public comment by 31 October 2007; and
  • a media release announcing the proposed draft variation to the Nowra LAP.

On 3 October 2007, ACMA placed an advertisement in the “Southern Highland News newspaper outlining the effect of the draft variation on the LAP, providing details of how to obtain copies of the draft variation, how to access it on ACMA’s website and inviting public comment.

On 5 October 2007, ACMA wrote to the licensees providing radio broadcasting services to the Nowra region to advise them of the release of the draft variation to the Nowra LAP and to invite their comments.

At this time, ACMA also wrote to industry bodies and other interested agencies or organisations, including the Community Broadcasting Association of Australia, Australian Subscription Television and Radio Association, Australian Broadcasting Corporation, to advise them of the release of the draft variation and explanatory paper and to invite their comments.

ACMA received one submission on the draft variation to the Nowra LAP and accompanying explanatory paper.

Description of the provisions of the instrument

Clause (1)(a) of the instrument numbers each of the paragraphs in the determination in the principal instrument consecutively as clauses.

Clause 1(b) of the instrument varies the text in clause (3) of the determination in the principal instrument by omitting the words “Attachments 1.3 – 1.7” and substituting the words “Attachments 1.3, 1.5 – 1.7, 1.11 and 1.12”. This takes into account the addition of Attachments 1.11 and 1.12 by the instrument, as well as the omission of Attachment 1.4.    

Clause (1)(c) of the instrument omits clause (5) of the principal instrument and substitutes clause (5) of this instrument. Clause (5) recognises two community radio broadcasting services that are available in the area (whereas the principal instrument only provided for one community radio service in that area), and also takes into account the addition of Attachment 2.3 by the instrument.

Clause 1(d) of the instrument omits clause (6) of the principal instrument and renumbers clauses (7) and (8) as clauses (6) and (7) respectively. This takes into account the fact that the community radio broadcasting service previously to be available in the smaller licence area described in the previous Schedule Three as Moss Vale RA1 will now be available to the larger licence area of Bowral RA1 as described in Schedule Two.

Clause 1(e) of the instrument inserts clauses (8) and (9) to the principal instrument. The addition of clause (8) gives effect to the former ABA’s intention in its variation of the licence area plan made on 18 November 2004 to make available channel capacity for a community radio service in Sanctuary Point. As the previous variation may not have had legal effect clause 1(e) ensures that it is in place now. Clause (9) ensures that references to schedules and attachments include schedules and attachments that have been amended from time to time by ACMA.

Clauses 2(a), (b), (c), (d) and (e) of the instrument delete all text on the entire page appearing immediately under the heading “Schedules” (including the heading itself) in the principal instrument. This text, included for reference only, does not form part of the LAP and may be confusing. 

Clause 3(a) of the instrument omits Schedule One of the principal instrument and substitutes a revised Schedule One of this instrument. The insertion of a new Schedule One reflects the former ABA’s intention in its variation of the licence area plan made on 18 November 2004. As the previous variation may not have had legal effect this clause 3(a) ensures it is now in place. This variation provides for commercial radio licence area in Nowra to include a service to St Georges Basin and Kangaroo Valley.  

Clause 3(b) of the instrument omits Schedule Two of the principal instrument and substitutes Schedule Two of this instrument. This revised schedule takes into account the addition of Moss Vale community broadcasting service that was previously listed in Schedule Three of the principal instrument. This revised schedule takes into account that the community radio broadcasting service previously to be available to the smaller licence area described in the previous Schedule Three as Moss Vale RA1 will now be available to the larger licence area of Bowral RA 1. The revised Schedule Two therefore includes the community radio broadcast service as a service to be available to the Bowral RA 1 licence area.

Clause 3(c) of the instrument omits Schedule Three of the principal instrument as the community broadcasting service listed in this schedule will now be listed in Schedule Two.

Clause 3(d) of the instrument omits the “Status” column from Schedule Four to keep the format of the schedules consistent to other schedules where the status columns have previously been omitted.

Clause 3(e) of the instrument omits the “Status” column from Schedule Five to keep the format of the schedules consistent to other schedules where the status columns have previously been omitted.

Clause 3(f) of the instrument varies the principal instrument by adding Schedule Six of this instrument. Schedule Six reflects the former ABA’s intention in its variation of the licence area plan made on 18 November 2004, to make available channel capacity for a community radio service in Sanctuary Point. As the previous variation may not have had legal effect this clause 3(f) ensures that this Schedule is in place now.

Clause 4(a) of the instrument omits Attachment 1.1 of the principal instrument and substitutes a revised Attachment 1.1 which comprise of updated information collected in the 2001 Census.

Clause 4(b) of the instrument omits Attachment 1.4 of the principal instrument. This is to reflect the fact that the revised Schedule One no longer includes a reference to Attachment 1.4.

Clause 4(c) of the instrument varies the principle instrument by adding Attachment 1.11 of this instrument. Attachment 1.11 now reflects the former ABA’s intention in its variation of the licence area plan made on 18 November 2004 and lists the details of St Georges Basin including its Technical Specifications.  As the previous variation may not have had legal effect this clause ensures that the LAP now includes this service.

Clause 4(d) of the instrument varies the principal instrument by adding Attachment 1.12. Attachment 1.12 of this instrument now reflects the former ABA’s intention in its variation of the licence area plan made on 18 November 2004 and lists the details of Kangaroo Valley including its Technical Specifications. As the previous variation may not have had legal effect this clause ensures that the LAP now includes this service.

Clause 4(e) of the instrument omits Attachment 2.1 of the principal instrument and substitutes Attachment 2.1 of this instrument which comprises updated information collected in the 2001 Census.

Clause 4(f) of the instrument varies the principal instrument by adding Attachment 2.3. Attachment 2.3 contains new technical specifications for the community radio service operating and serving the general area of Moss Vale (licence area Bowral RA1). The new technical specification changes the nominal location, increases the maximum ERP for the service and extends the licence area that the service is to be available to.

Clauses 4(g) and (h) of the instrument omits Attachments 3.1 and 3.2 of the principal instrument. This takes into account the previous amendments above where Schedule Three was omitted from the principal instrument and the area of Moss Vale was combined under the licence area of Bowral under Schedule Two.  

Clauses 4(i) and (j) of the instrument omits Attachments 4.1 and 5.1 of the principal instrument and substitutes Attachments 4.1, and 5.1 respectively which comprise of updated information collected in the 2001 Census.

Clause 4(k) of the instrument varies the principal instrument by adding Attachment 6.1 of this instrument. Attachment 6.1 reflects the former ABA’s intention in its variation of the licence area plan made on 18 November 2004, and lists the area description of the new licence area at Sanctuary Point. As the previous variation may not have had legal effect this clause ensures that the LAP now includes this licence area.

Clause 4(l) of the instrument varies the principal instrument by adding Attachment 6.2 of this instrument. Attachment 6.2 now reflects the former ABA’s intention in its variation of the licence area plan made on 18 November 2004 and lists the details of Sanctuary Point including its Technical Specifications. As the previous variation may not have had legal effect this clause ensures that the LAP now includes this service.

 

Overview

The Broadcasting Services Act 1992 (BSA) was enacted to regulate broadcasting services in Australia, ensuring their proper administration and operation. The Act aimed to fill the gap by providing a comprehensive legislative framework to govern the broadcasting industry, including the allocation of radio frequencies and the licensing of broadcasters. The Australian Communications and Media Authority (ACMA) exercises powers and functions under the BSA, including the ability to prepare and vary Licence Area Plans (LAPs) as per section 26 of the Act. These LAPs determine the number and characteristics of broadcasting services available in specific areas of Australia. The Legislative Instruments Act 2003 enables ACMA to make legislative instruments to vary these LAPs, ensuring they remain relevant and effective in managing the broadcasting services landscape. The policy objective of the instrument is to clarify the rights and obligations of radio broadcasting licensees in the Nowra area, ensuring the efficient use of the radiofrequency spectrum and improving readability and administrative accuracy of the LAPs.

Scope and Application

The Licence Area Plan Variation, made under the Broadcasting Services Act 1992, applies to the Nowra Radio broadcasting services in Australia. The Australian Communications and Media Authority (ACMA), which exercises powers and functions under the Broadcasting Services Act 1992, made this variation to clarify the rights and obligations of radio broadcasting licensees in the Nowra area. The instrument made on 5 June 2008, and referred to in this Explanatory Statement, amends the transmitter site, increases transmission power, and expands the size of the licence area for the community radio service currently operated by 2WYR in Nowra. The instrument also makes variations of a minor and administrative nature to improve readability and correct previous drafting errors. This variation applies to all entities operating broadcasting services in the Nowra region and is intended to ensure that the changes previously intended are now legally effective. The geographic reach of this variation is limited to the Nowra Radio broadcasting services within Australia. There are no stated exclusions, exemptions, or thresholds in this variation. The application of this Act may be extended or restricted through subordinate instruments, which are not detailed in this Explanatory Statement.

Key Provisions

The Legislative Instruments Act 2003, in conjunction with the Broadcasting Services Act 1992, empowers the Australian Communications and Media Authority (ACMA) to prepare and vary licence area plans (LAPs) for broadcasting services, such as radio, across Australia. The Nowra Radio Licence Area Plan Variation No 1 of 2008 is one such variation, addressing ambiguities in a previous variation made by the Australian Broadcasting Authority (ABA) on 18 November 2004 and ensuring that intended changes to the Nowra Radio Licence Area Plan are implemented. This variation, made by ACMA on 5 June 2008, modifies the transmitter site, transmission power, and the size of the licence area for the community radio service operated by 2WYR in Nowra, as well as making minor administrative changes for clarity. The obligations imposed by this Act on the parties involved include the requirement for ACMA to prepare and update LAPs to reflect changes in broadcasting services, technical specifications, and population data. ACMA must also consult with relevant stakeholders, including the licensees of the broadcasting services and industry bodies, before making variations to the LAP. In this instance, ACMA published draft variations and explanatory papers on its website, placed an advertisement in a local newspaper, and sent out letters to relevant parties inviting public comment and consultation. ACMA received submissions and considered them in making its final decision to vary the LAP. Breaching the provisions of the Broadcasting Services Act 1992 or the variations made under it can lead to various consequences. ACMA has the power to enforce compliance with the Act and its variations, and may take action against broadcasters who fail to adhere to the terms of their licences or the provisions of the Act. Breaches of the Act or the variations may result in administrative action, such as fines or licence suspension. In more serious cases, criminal charges may be brought against individuals or corporations for offences such as unauthorised broadcasting, non-compliance with licence conditions, or failure to obtain a broadcasting service licence. The penalties for these offences vary depending on the severity of the breach, with maximum penalties outlined in the Act and applicable regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.