Telecommunications (Environmental Impact Information) Repeal Regulations 2001 2001 No. 174
EXPLANATORY STATEMENT
Statutory Rules 2001 No. 174
Issued by the Authority of the Minister for Communications, Information Technology and the Arts
Telecommunications Act 1997
Telecommunications (Environmental Impact Information) Repeal Regulations 2001
Section 594 of the Telecommunications Act 1997 (the Act) provides for the Governor-General to make regulations under the Act.
The purpose of the accompanying regulations is to repeal the Telecommunications (Environmental Impact Information) Regulations (Statutory Rules 1997 No. 252).
Clause 55 of Schedule 3 to the Act is a transitional provision that has now 'sunsetted'. It applied in circumstances where a telecommunications carrier proposed to commence to carry out the installation of a telecommunications facility before 1 January 2001 and the installation was not authorised by the Act and there were special Commonwealth environmental and heritage concerns. In addition to whatever approvals the carrier was required to obtain from the owner of the land and the relevant State, Territory or local government authority, the carrier was required to notify the Secretary of the Department of the Environment and Heritage of the proposed installation where it gave rise to certain environment or heritage concerns.
The Telecommunications (Environmental Impact Information) Regulations were made for the purposes of subclause 55(4) of Schedule 3 to the Act. This provision provides for the making of regulations which specify the information that a telecommunications carrier was required to provide to the Secretary of the Department of the Environment and Heritage about the environmental impact of the installation of a telecommunications facility before 1 January 2001.
With the 'sunset' of clause 55 of Schedule 3 to the Act on 1 January 2001, the Telecommunications (Environmental Impact Information) Regulations have no continuing application. Carriers are now subject to the notification requirements contained in the Environment Protection and Biodiversity Conservation Act 1999 as well as the continuing requirements of subordinate instruments under the Telecommunications Act, particularly the Telecommunications Code of Practice 1997.
Details of the accompanying regulations appear in the Attachment.
The accompanying regulations commenced on gazettal.
ATTACHMENT
DETAILS OF THE REGULATIONS
Regulation 1 - Name of Regulations
Regulation 1 provides that the name of the accompanying regulations is the
Telecommunications (Environmental Impact Information) Repeal Regulations 2001.
Regulation 2 - Commencement
Regulation 2 provides that the accompanying regulations commence on gazettal.
Regulation 3 - Telecommunications (Environmental Impact Information) Regulations repeal
Regulation 3 repeals the Telecommunications (Environmental Impact Information) Regulations (Statutory Rules 1997 No. 252).
The Telecommunications (Environmental Impact Information) Regulations specified the information that a telecommunications carrier was required to provide to the Secretary of the Department of the Environment and Heritage about the environmental impact of the installation of a telecommunications facility before 1 January 2001.
They were made for the purposes of subclause 55(4) of Schedule 3 to the Telecommunications Act 1997 (the Act). This provision, along with the rest of clause 55 of Schedule 3 to the Act, 'sunsetted' on 1 January 2001.
The Telecommunications (Environmental Impact Information) Regulations therefore have no continuing application. Carriers are now subject to the notification requirements contained in the Environment Protection and Biodiversity Conservation Act 1999 as well as the continuing requirements of subordinate instruments under the Telecommunications Act, particularly the Telecommunications Code of Practice 1997.
Overview
The Telecommunications (Environmental Impact Information) Repeal Regulations 2001 were enacted to repeal the Telecommunications (Environmental Impact Information) Regulations 1997, which previously required telecommunications carriers to notify the Department of the Environment and Heritage about the environmental impact of installing telecommunications facilities before 1 January 2001. This was in response to transitional provisions in the Telecommunications Act 1997 that have since expired. The regulations were repealed as clause 55 of Schedule 3 to the Act, which authorised the regulations, 'sunsetted' on 1 January 2001. With the repeal of these regulations, telecommunications carriers are now subject to the notification requirements of the Environment Protection and Biodiversity Conservation Act 1999 and the continuing requirements of the Telecommunications Code of Practice 1997. The regulations were issued by the Minister for Communications, Information Technology and the Arts and were made under the authority of the Telecommunications Act 1997.
Scope and Application
The Telecommunications (Environmental Impact Information) Repeal Regulations 2001 apply to the repeal of the previous Telecommunications (Environmental Impact Information) Regulations 1997. This repeal is effective following the sunset of clause 55 of Schedule 3 to the Telecommunications Act 1997 on 1 January 2001. Previously, telecommunications carriers were required to provide specific environmental impact information to the Secretary of the Department of the Environment and Heritage when installing telecommunications facilities before this date, if such installations were not authorised by the Act and raised particular environmental or heritage concerns. With the cessation of clause 55, these specific reporting requirements have been rendered obsolete. Telecommunications carriers now must comply with the broader notification obligations under the Environment Protection and Biodiversity Conservation Act 1999 and adhere to the ongoing provisions within the Telecommunications Act, including the Telecommunications Code of Practice 1997. These regulations have a national reach and apply to all telecommunications carriers operating within Australia.
Key Provisions
The main operative sections of the Telecommunications (Environmental Impact Information) Repeal Regulations 2001 (Regulations) are Regulation 1, which provides the name of the Regulations; Regulation 2, which specifies the commencement date; and Regulation 3, which repeals the Telecommunications (Environmental Impact Information) Regulations 1997. Regulation 1 simply states that the Regulations are named the Telecommunications (Environmental Impact Information) Repeal Regulations 2001. Regulation 2 specifies that the Regulations commence on the date of their gazettal. Regulation 3 repeals the Telecommunications (Environmental Impact Information) Regulations 1997, which previously required telecommunications carriers to provide information to the Secretary of the Department of the Environment and Heritage about the environmental impact of the installation of a telecommunications facility before 1 January 2001.
The Regulations impose no direct obligations or requirements on parties or entities. Instead, they effect the repeal of previous regulations, thereby altering the obligations that telecommunications carriers have regarding environmental impact information. Specifically, the repealed regulations, which required carriers to notify the Secretary of the Department of the Environment and Heritage about the environmental impact of telecommunications installations prior to 1 January 2001, are no longer applicable. Instead, carriers are now subject to the notification requirements under the Environment Protection and Biodiversity Conservation Act 1999 and the Telecommunications Code of Practice 1997.
The Regulations themselves do not specify any offences, penalties, or consequences for breach. However, the repealed Telecommunications (Environmental Impact Information) Regulations 1997 would have imposed obligations on carriers to provide certain environmental impact information. Failure to comply with these obligations could have resulted in penalties under the Telecommunications Act 1997 or other relevant legislation. With the repeal of these regulations, carriers are now subject to the requirements and potential penalties under the Environment Protection and Biodiversity Conservation Act 1999 and the Telecommunications Code of Practice 1997. The Environment Protection and Biodiversity Conservation Act 1999, for example, includes provisions for offences and penalties, with fines and imprisonment possible for significant breaches.