Variation to Licence Area Plan – Bathurst Radio – 2018 (No.1)

Administered by Department of Communications and the Arts

Legislation au F2018L01201 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Broadcasting Services Act 1992

Variation to Licence Area Plan – Bathurst Radio – 2018 (No.1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Bathurst Radio – 2018 (No.1) (the instrument) under subsection 26(2) of the Broadcasting Services Act 1992 (the Act).

The ACMA may, by legislative instrument, vary licence area plans (LAPs) under subsection 26(2) of the Act.

Purpose and operation of the instrument

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.

The Australian Broadcasting Authority determined the Licence Area Plan – Bathurst Radio (F2005B00588) on 15 May 1997 (Bathurst LAP).

The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Bathurst area of New South Wales by making spectrum available for an FM transmitter for the 2BS AM commercial radio broadcasting service, enabling a conversion of that service from AM to FM.

The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters and special conditions for national, commercial, open narrowcasting and community radio broadcasting services.  Further details regarding the instrument are set out in Attachment A below.

The ACMA does not intend the variations to alter any existing rights and obligations, except as set out above.

The instrument is a disallowable legislative instrument for the purposes of the Legislation Act 2003 (the LA).

Document incorporated by reference

The instrument incorporates the Broadcasting Services (Technical Planning) Guidelines 2017, as in force from time to time.

The Broadcasting Services (Technical Planning) Guidelines 2017 may be accessed from the Federal Register of Legislation: www.legislation.gov.au.

Consultation

Before the instrument was made, the ACMA was satisfied that consultation was undertaken to the extent appropriate and reasonably practicable, in accordance with section 17 of the LA.

Before making the decision to vary the Bathurst LAP, the ACMA invited comment on a consultation paper providing the background to the proposal by publishing it on the ACMA website on 10 May 2018. The ACMA also wrote to the commercial radio broadcasting licensees and other broadcasting licensees in the relevant licence areas and adjacent radio licence areas inviting comment on the proposal to vary the Bathurst LAP.

The consultation period ended on 8 June 2018 and the ACMA received eight submissions. Seven of these submissions were supportive of the AM to FM conversion. One submission, from a neighbouring radio licensee, was conditionally supportive of the proposed conversion. All submissions were taken into account in the making of the instrument.

Regulatory impact assessment

The Office of Best Practice Regulation (OBPR), in a guidance note titled “Carve-Outs” (available at: https://www.pmc.gov.au/resource-centre/regulation/carve-outs-guidance-note), has established a “carve-out” for variations to LAPs where those variations are unlikely to have more than a minor regulatory impact (OBPR reference number: 13301). A carve-out is a standing agreement between OBPR and a government agency which sets aside the requirement for a preliminary assessment to be sent to OBPR for certain types of proposed regulatory change. The ACMA has formed the opinion that the instrument falls within the terms of the carve-out with OBPR reference number 13301.

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule-maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument. 

The statement of compatibility set out below has been prepared to meet that requirement.

Overview of the instrument

The instrument varies the Licence Area Plan – Bathurst Radio. The instrument makes radiofrequency spectrum available, and changes existing characteristics including technical specifications, of certain radio broadcasting services in the Bathurst RA1 licence area.

Human rights implications

The ACMA has assessed whether the instrument is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.

Having considered the likely impact of the instrument and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument does not engage any of those rights or freedoms. 

Conclusion

The instrument is compatible with human rights as it does not raise any human rights issues.


Attachment A

Notes to the Variation to Licence Area Plan – Bathurst Radio – 2018 (No.1)

Section 1 Name

This section provides for the instrument to be cited as the Variation to Licence Area Plan – Bathurst Radio – 2018 (No.1).

Section 2 Commencement

This section provides for the instrument to commence at the start of the day after it is registered on the Federal Register of Legislation. 

The Federal Register of Legislation may be accessed at www.legislation.gov.au.

Section 3 Authority

This section identifies the provision of the Act that authorises the making of the instrument, namely subsection 26(2) of the Act.

Section 4 Variation

This section varies the Bathurst LAP as set out in paragraphs (a) to (h).

Paragraph 4(a)

Paragraph 4(a) omits paragraph (5) on page 3 and substitutes a new paragraph (5).

The new paragraph (5) ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Bathurst LAP, and that a reference to the Broadcasting Services (Technical Planning) Guidelines 2017 or another legislative instrument includes a reference to that legislative instrument as in force from time to time. Paragraph (5) also provides that a reference to any other kind of instrument or writing is a reference to that other kind of instrument or writing as in force or existence at that time the reference was included.

Paragraph 4(b)

Paragraph 4(b) omits all of the text on the relevant page.

Paragraph 4(c) and Schedule 1

Paragraph 4(c) and Schedule 1 remove the current Schedule One in the Bathurst LAP and replace it with a new Schedule One.

Paragraph 4(d) and Schedule 2

Paragraph 4(d) and Schedule 2 remove the current Schedule Two in the Bathurst LAP and replace it with a new Schedule Two.

Paragraph 4(e) and Schedule 3

Paragraph 4(e) and Schedule 3 remove Attachments 1.1–1.12, 2.2, 2.3 and 3.2 in the Bathurst LAP and replace them with new Attachments 1.1–1.12, 2.2, 2.3 and 3.2.

 

Paragraph 4(f) and Schedule 4

Paragraph 4(f) and Schedule 4 insert a new Attachment 1.2A after Attachment 1.2 and before Attachment 1.3. New Attachment 1.2A contains the technical specifications of a new FM transmitter for the commercial radio broadcasting service under Service Licence No. SL10248 to be available in the Bathurst RA1 licence area.

Paragraph 4(g)

Paragraph 4(g) omits the text “Licence Area ID – 418” from Attachment 2.1.

Paragraph 4(h)

Paragraph 4(h) omits the text “Licence Area ID – 789” from Attachment 3.1.

Overview

The Broadcasting Services Act 1992 was enacted to regulate the broadcasting services industry in Australia and ensure that broadcasting services are available in accordance with the public interest. The Act provides a framework for the licensing and regulation of broadcasting services, including the establishment of licence area plans (LAPs) that determine the number and characteristics of broadcasting services available in specific areas. The Australian Communications and Media Authority (ACMA), as the enacting body, has the authority to vary these licence area plans to adapt to technological advancements and changing market conditions. The Variation to Licence Area Plan – Bathurst Radio – 2018 (No.1) was introduced to address the need for updating the technical specifications of radio broadcasting services in the Bathurst area of New South Wales. This variation enables the conversion of a commercial radio broadcasting service from AM to FM, facilitating improved service quality and accessibility for listeners. The policy objective of this variation is to ensure that broadcasting services remain efficient and effective, supporting the overall goals of the Broadcasting Services Act.

Scope and Application

The Variation to Licence Area Plan – Bathurst Radio – 2018 (No.1), made by the Australian Communications and Media Authority (ACMA) under the Broadcasting Services Act 1992, specifically targets the Bathurst Radio Licence Area Plan (LAP) in New South Wales. This instrument modifies the technical specifications and characteristics of radio broadcasting services within the Bathurst area, primarily to facilitate the conversion of the 2BS AM commercial radio broadcasting service to an FM transmitter. This adjustment involves updating transmitter site locations and Australian Map Grid references, as well as incorporating new technical specifications for the FM transmitter. The changes aim to optimise the broadcasting services available in the area without altering existing rights and obligations, except as explicitly stated. The instrument also incorporates the Broadcasting Services (Technical Planning) Guidelines 2017 and is subject to the disallowable legislative instrument provisions of the Legislation Act 2003. The ACMA has assessed the instrument to have a minor regulatory impact and determined it to be compatible with human rights, as it does not engage any rights or freedoms as recognised or declared by the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Variation to Licence Area Plan – Bathurst Radio – 2018 (No.1) primarily operates under section 4 of the Broadcasting Services Act 1992. This instrument modifies the Licence Area Plan – Bathurst Radio (Bathurst LAP), specifically altering the characteristics and technical specifications of radio broadcasting services in the Bathurst area of New South Wales. It makes spectrum available for an FM transmitter for the 2BS AM commercial radio broadcasting service, enabling a conversion from AM to FM broadcasting. Additionally, it updates some transmitter site locations, Australian Map Grid references for transmitters, and special conditions for national, commercial, open narrowcasting, and community radio broadcasting services. Entities governed by the Act must adhere to the updated specifications and conditions set out in the Bathurst LAP. Broadcasters and other relevant parties must ensure their services comply with the new technical requirements and any changes to transmitter locations. This includes updating their operations to align with the new FM transmitter specifications for the 2BS service and complying with any new conditions imposed on their broadcasting services. The variations do not alter any existing rights and obligations, except as explicitly stated in the instrument. The instrument does not introduce new offences, but any failure to comply with the updated technical specifications or conditions could lead to enforcement actions under the Broadcasting Services Act 1992. Non-compliance might result in penalties, including fines, as stipulated in the Act. However, the specific penalties are not detailed in the explanatory statement and would need to be referred to in the primary legislation. The instrument itself does not specify maximum penalties but indicates that non-compliance with broadcasting regulations could attract sanctions under the Act.

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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.