Variation to Licence Area Plan – Grafton Radio 2020 (No. 1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2020L01430 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Broadcasting Services Act 1992

Variation to Licence Area Plan – Grafton Radio – 2020 (No.1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Grafton Radio – 2020 (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 made available in particular areas of Australia with the use of the broadcasting services bands.

The Australian Broadcasting Authority determined the Licence Area Plan – Grafton (Radio) – August 1998 (the Grafton LAP) in August 1998.

The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the area of Grafton, New South Wales. The main variations are:

  • In relation to the 2GF commercial radio broadcasting service (2GF), the instrument makes spectrum available for a main FM transmitter to enable 2GF to convert from AM to FM transmission.
  • Planning for the 2TLC community radio broadcasting service (2TLC) in the Yamba/Maclean area to operate on a different frequency.
  • Updating 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).

Document incorporated by reference

The instrument varies the Grafton LAP to incorporate the Broadcasting Services (Technical Planning) Guidelines 2017, as in force from time to time.

The Broadcasting Services (Technical Planning) Guidelines 2017 may be accessed free of charge from the Federal Register of Legislation: https://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 Grafton LAP, on 25 August 2020 the ACMA published a consultation paper on its website which provided the background to the proposal. The ACMA also announced the release of the paper via social media and used social media platforms to inform  residents in the relevant radio licence areas of the proposed variation. The following stakeholders were separately notified about the release of the consultation paper: radio broadcasting licensees and national broadcasters in the Grafton RA1 licence area and in adjacent radio licence areas, the peak bodies Commercial Radio Australia and the Community Broadcasting Association of Australia, Airservices Australia, and state and federal members of Parliament whose electorates include the Grafton area. Civic bodies including local councils and libraries were also contacted.

The ACMA received one submission and five Facebook comments. The submission supported the proposals made in the consultation paper. The Facebook comments were seeking clarifications without objecting to the AM-FM conversion.

The ACMA has taken these comments and submissions into account in making the instrument.

Regulatory impact statement

The Office of Best Practice Regulation (OBPR), in a guidance note entitled “Carve-outs” (available free of charge at: https://www.dpmc.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.

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 with human rights set out below has been prepared to meet that requirement.

Overview of the instrument

The instrument varies the Licence Area Plan – Grafton (Radio) – August 1998. The instrument makes radiofrequency spectrum available for, and changes existing characteristics including technical specifications of, certain radio broadcasting services in the Grafton area of New South Wales.

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 – Grafton Radio – 2020 (No.1)

Section 1 Name

This section provides for the instrument to be cited as the Variation to Licence Area Plan – Grafton Radio – 2020 (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 Amendments

This section varies the Grafton LAP as set out in paragraphs 4(a) to 4(j)

Paragraph 4(a) renames the instrument as the Licence Area Plan – Grafton Radio.

Paragraph 4(b) amends the title page so that the heading reads “Licence Area Plan – Grafton Radio”.

Paragraph 4(c) amends the heading before the first paragraph of the instrument so that it reads “LICENCE AREA PLAN – GRAFTON RADIO”.

Paragraph 4(d) numbers the clauses of the instrument sequentially as clauses (1), (2), (3) and (4).

Paragraph 4(e) omits clauses (1), (2), (3) and (4) and substitutes new clauses (1) to (4). These clauses contain information about the national, commercial and community broadcast services available in the Grafton LAP and have been updated to reflect the variations made by the instrument.

Paragraph 4(f) omits some wording after clause (4) and inserts clause (5). This new clause (5) provides that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Grafton LAP, and that a reference to the Broadcasting Services (Technical Planning) Guidelines 2017 or any other legislative instrument is a reference to that legislative instrument as in force from time to time. The clause 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 the time the reference was included in the LAP.

Paragraph 4(g) omits all the text on the page with the heading “SCHEDULES”.

Paragraph 4(h) omits all Schedules and substitutes new Schedules One, Two and Three at Schedule 1 to the instrument.

Paragraph 4(i) omits the text that appears below Schedule Three but before Attachment 1.1.

Paragraph 4(j) omits Attachments 1.1 to 3.2 and substitutes new Attachments 1.1 to 3.3 at Schedule 2 to the instrument.

Schedule 1 to the instrument contains new Schedules One, Two and Three.

Schedule 2 to the instrument contains new Attachments 1.1 to 3.3. A summary of each attachment follows:

  • The new Attachment 1.1 contains the definition of the Grafton RA1 licence area in terms used by the Australian Bureau of Statistics (ABS).
  • The new Attachment 1.2 contains the technical specifications for the national radio broadcasting service in Grafton with updated licence area information in the title, nominal location and site tolerance, and Australian Map Grid references as GDA94 nominal coordinates.
  • The new Attachment 1.3 contains the technical specifications for the commercial radio broadcasting service in Grafton under licence number SL4111 with updated licence area information in the title, updated nominal location and site tolerance, as well as Australian Map Grid references as GDA94 nominal coordinates. The Attachment contains a statement that specifies that the 2GF AM service (transmitter specification number: TS4111001) will cease to be available 28 days after commencement of the 2GF FM service (transmitter specification number: TS12000124).
  • The new Attachment 1.3A provides for the FM transmitter of the 2GF commercial radio broadcasting service (transmitter specification number: TS12000124). The Attachment contains a statement that this FM transmitter is only available for transmission under licence SL4111 when the transmission of a service under licence SL2189 (transmitter specification number: TS2189001) has ceased.
  • The new Attachment 1.4 contains the technical specification for the commercial radio broadcasting service in Grafton under licence number SL4111 with updated licence area information in the title, updated nominal location and site tolerance, as well as Australian Map Grid references as GDA94 nominal coordinates. The Attachment also contains a statement that specifies that the 2GF AM service (Maclean transmitter with specification number: TS10008551) will cease to be available 28 days after the 2GF FM service is transmitted by transmitter specification number TS12000124.
  • The new Attachment 1.5 contains the technical specifications for the commercial radio broadcasting service in Grafton under licence number SL10413 with updated licence area information in the title, updated nominal location and site tolerance, and Australian Map Grid references as GDA94 nominal coordinates.
  • The new Attachment 1.6 contains the technical specifications for the open narrowcasting service in Grafton with updated licence area information in the title, updated nominal location and site tolerance, and Australian Map Grid references as GDA94 nominal coordinates.
  • The new Attachment 2.1 contains the definition of the Grafton RA2 licence area in terms used by the ABS.
  • The new Attachment 2.2 contains the technical specifications for a community radio broadcasting service in Grafton under licence number SL1150059 with updated licence area information in the title, updated nominal location and site tolerance, and Australian Map Grid references as GDA94 nominal coordinates.
  • The new Attachment 3.1 contains the definition of the Maclean RA1 licence area in terms used by the ABS.
  • The new Attachment 3.2 contains the technical specifications for the 2TLC community radio broadcasting service in Yamba/Maclean under licence number SL2189 (transmitter specification number: TS2189001) with updated licence area information in the title, updated nominal location and site tolerance, and Australian Map Grid references as GDA94 nominal coordinates. The Attachment also contains an amendment to the polarisation details and a statement that notes that the community radio broadcasting (2TLC FM) service (transmitter specification number: TS2189001) will cease to be available on commencement of the same service on a different frequency (transmitter specification TS12000608 in Attachment 3.3).
  • The new Attachment 3.3 contains the technical specifications for the 2TLC community radio broadcasting service in Yamba/Maclean under licence number SL2189 (transmitter specification number: TS12000608). The Attachment also contains a statement that notes that the service transmitted by transmitter specification number TS12000608 is only available for the transmission of a service under licence SL2189 when the transmission of a service under licence SL2189 by transmitter specification number TS2189001 has ceased.

 

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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.