EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Devonport Radio –2021 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Devonport Radio –2021 (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 – Devonport Radio – December 2001 (F2005B00968) (Devonport LAP) on 13 December 2001. The Devonport LAP was amended in 2018, including to change the name of the instrument to Licence Area Plan – Devonport Radio.
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Devonport area of Tasmania by increasing the transmitter height of the 7AD commercial radio broadcasting service in Devonport and by making spectrum available for an FM infill transmitter for the 7DDD commercial radio broadcasting service which in turn requires a change in carrier frequency to avoid interference issues.
The instrument also makes other minor variations including updates to some transmitter site nominal locations and replacing Australian Map Grid References for these transmitters with coordinates using the Geocentric Datum of Australia 1994 (GDA94).
Further details regarding the instrument are set out in Attachment A.
The instrument is a disallowable legislative instrument for the purposes of the Legislation Act 2003 (the LA).
Documents incorporated by reference
In accordance with section 14 of the LA, the instrument incorporates the Geocentric Datum of Australia known as GDA94, gazetted in the Commonwealth of Australia Gazette No. GN 35 on 6 September 1995, as in existence at the time the instrument commences. Gazette No. GN 35 can be accessed, free of charge, at: 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 Devonport LAP, the ACMA published a consultation paper on its website on 1 June 2021 which provided the background to the proposal. The following stakeholders were notified by email about the release of the consultation paper: radio broadcasting licensees and national broadcasters in the Devonport RA1 licence area and adjacent radio licence areas, the peak industry bodies Commercial Radio Australia and Community Broadcasting Association of Australia, State and Federal members of Parliament whose electorates include the Devonport area, and civic bodies including local councils and community associations.
The consultation period ended on 29 June 2021 and the ACMA received no submissions in response to the consultation.
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 – Devonport Radio. The instrument makes radiofrequency spectrum available, and changes existing characteristics including technical specifications, of certain radio broadcasting services in the Devonport 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 – Devonport Radio –
2021 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Devonport Radio – 2021 (No.1).
Section 2 Commencement
This section provides for the instrument to commence at the start of the day after the day it is registered on the Federal Register of Legislation.
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 Devonport LAP as set out in paragraphs 4(a) to 4(h).
Paragraph 4(a) omits the table at Schedule One and substitutes a new table which reflects changes described in the paragraphs below.
Paragraph 4(b) amends Attachments 1.2 and 1.2A by omitting Australian Map Grid references and substituting Nominal Co-ordinates (GDA94).
Paragraph 4(c) repeals Attachment 1.3 as this AM service has ceased as part of a conversion to an FM service. The replacement FM service is specified at Attachment 1.3A.
Subparagraph 4(d)(i) amends Attachment 1.3A by updating the nominal location to be “Broadcast Mast 256 Waverley Rd DON” as this is the operating site.
Subparagraph 4(d)(ii) amends Attachment 1.3A by omitting Australian Map Grid references and substituting Nominal Co-ordinates (GDA94).
Subparagraph 4(d)(iii) amends Attachment 1.3A by increasing the maximum antenna height to 68 m as this is the installed height of this transmitter.
Subparagraph 4(d)(iv) amends Attachment 1.3A by omitting the advisory note which is no longer relevant.
Subparagraph 4(e)(i) amends Attachment 1.3B by updating the nominal location to be “Broadcast Tower Hydro Tas Site Mt Claude Olivers Rd MOUNT ROLAND” as this is the operating site.
Subparagraph 4(e)(ii) amends Attachment 1.3B by omitting Australian Map Grid references and substituting Nominal Co-ordinates (GDA94).
Subparagraph 4(f)(i) amends Attachment 1.4 by updating the nominal location to be “Broadcast Mast 256 Waverley Rd DON” as this is the operating site.
Subparagraph 4(f)(ii) amends Attachment 1.4 by omitting Australian Map Grid references and substituting Nominal Co-ordinates (GDA94).
Subparagraph 4(g)(i) amends Attachment 1.4A by updating the nominal location to be “Broadcast Tower Hydro Tas Site Mt Claude Olivers Rd MOUNT ROLAND” as this is the operating site.
Subparagraph 4(g)(ii) amends Attachment 1.4A by omitting Australian Map Grid references and substituting Nominal Co-ordinates (GDA94).
Subparagraph 4(g)(iii) amends Attachment 1.4A by amending the Carrier Frequency to be “102.9 MHz” in order to avoid an intermodulation issue.
Subparagraph 4(g)(iv) amends Attachment 1.4A by inserting an Advisory Note regarding protection from interference.
Subparagraph 4(h)(i) amends Attachment 1.5 by updating the nominal location to be “7AD-7DDD STL Mast 256 Waverley Rd DON” as this is the operating site.
Subparagraph 4(h)(ii) amends Attachment 1.5 by omitting Australian Map Grid references and substituting Nominal Co-ordinates (GDA94).
Subparagraph 4(h)(iii) amends Attachment 1.5 by amending the Advisory Note by omitting Australian Map Grid references and substituting Nominal Co-ordinates (GDA94).