EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Kingaroy Radio 2019 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Kingaroy Radio 2019 (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 – Kingaroy (Radio) - October 1998 (F2005B00769) (Kingaroy LAP).
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Kingaroy area of Queensland. It makes spectrum available for an FM infill transmitter for the 4SB commercial radio broadcasting service (4SB service) at Tarong Coal Mine and another FM infill transmitter for the 4CSB community radio broadcasting service (4CSB service) at Kingaroy, within the Kingaroy LAP.
The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters and special conditions for commercial and community radio broadcasting services and includes a provision to state how instruments and other writing are incorporated into the Kingaroy LAP. Further details of 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 Kingaroy 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: 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 Kingaroy LAP, the ACMA invited comment on a consultation paper which explained the proposed variations to the Kingaroy LAP, along with proposed variations to other licence area plans for other areas of Queensland, namely Emerald, Bundaberg and Toowoomba/Warwick. The consultation paper provided the background to the proposals and was published on the ACMA website on 13 June 2019. The ACMA invited comment on the proposals from the national broadcasters, and broadcasting licensees in the licence area and in overlapping and adjacent radio licence areas. Comment was also sought from state MPs and local government.
The consultation period ended on 19 July 2019 and the ACMA received no submissions in relation to the Kingaroy LAP proposals.
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 – Kingaroy (Radio) – October 1998. The instrument makes radiofrequency spectrum available, and changes existing characteristics including technical specifications, of certain radio broadcasting services in the Kingaroy RA1 and Wondai RA1 licence areas within the Kingaroy LAP.
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 – Kingaroy Radio 2019 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Kingaroy Radio 2019 (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.
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 Kingaroy LAP as set out in paragraphs (a) to (y).
Paragraph 4(a) renames the Kingaroy LAP as the Licence Area Plan – Kingaroy Radio.
Paragraph 4(b) amends clause (3) by varying the reference to the series of Attachments so that it reads “1.8 – 1.10 and 1.13”.
Paragraph 4(c) amends clause (7) by varying the reference to the series of Attachments so that it reads “Attachments 4.2 and 4.3”.
Paragraph 4(d) omits clause (9) and inserts a new clause (9) into the Kingaroy LAP. The new clause (9) ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Kingaroy LAP, and that a reference to the Broadcasting Services (Technical Planning) Guidelines 2017 or another legislative instrument is a reference to that legislative instrument as in force from time to time. Clause (9) 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(e) amends Schedule One by revising the names of the areas served and makes spectrum available to the 4SB service.
Paragraph 4(f) amends Schedule Four by making spectrum available to the 4CSB service.
Paragraph 4(g) amends Attachment 1.1 by amending the headings and re-ordering the items in the Note to be in alphabetical order.
Paragraph 4(h) replaces the Nominal Location text in Attachment 1.2, Attachment 1.3 and Attachment 1.4 of the Kingaroy LAP so that it reads “Broadcast Australia Site Lot 13 Bunya Mountains Road MT MOWBULLAN”. It also amends the coordinates of the Australian Map Grid Reference in these Attachments.
Paragraph 4(i) replaces the Nominal Location text in Attachment 1.5 of the Kingaroy LAP so that it reads “Broadcast Australia Site Hospital Hill Reservoir Road EIDSVOLD”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.5.
Paragraph 4(j) replaces the Nominal Location text in Attachment 1.6 of the Kingaroy LAP so that it reads “BA Site off Eidsvold-Theodore Road 4km S of EIDSVOLD” It also amends the coordinates of the Australian Map Grid Reference and adds a Special Condition.
Paragraph 4(k) amends the Nominal Location text in Attachment 1.8 of the Kingaroy LAP so that it reads “Broadcast Site Hoggs Road 1.5km NE of WOOROOLIN”. It also amends the coordinates of the Australian Map Grid Reference and adds a Special Condition.
Paragraph 4(l) replaces the Nominal Location text in Attachment 1.9 of the Kingaroy LAP so that it reads “Nominal Planning site Mt Crawsey off Mt Crawsey Road 2km SE of COOLABUNIA”. It also amends the coordinates of the Australian Map Grid Reference.
Paragraph 4(m) amends the coordinates of the Australian Map Grid Reference in Attachment 1.10.
Paragraph 4(n) amends the General Area Served text in Attachments 1.11 and 1.12 so that it reads “Kingaroy Town (QLD)”. It also amends the coordinates of the Australian Map Grid Reference and replaces the Special Condition with an Advisory Note in both Attachment 1.11 and 1.12.
Paragraph 4(o) inserts new Attachment 1.13 (contained in Schedule 1 to the instrument).
Paragraph 4(p) amends Attachment 2.1 by amending the headings and re-ordering the items in the Note by placing the text in alphabetical order.
Paragraph 4(q) replaces the Nominal Location text in Attachment 2.2 so that it reads “Broadcast/Comms Site Emu Farm Hill Murray Street 2km SE of CHERBOURG”. It also amends the coordinates of the Australian Map Grid Reference and amends the Site Tolerance text to read “Refer to Broadcasting Services (Technical Planning) Guidelines 2017”.
Paragraph 4(r) amends Attachment 3.1 by amending the headings and re-ordering the items in the Note by placing the text into alphabetical order.
Paragraph 4(s) amends the coordinates of the Australian Map Grid Reference and deletes the Special Condition in Attachment 3.2.
Paragraph 4(t) amends the coordinates of the Australian Map Grid Reference in Attachment 3.3.
Paragraph 4(u) amends Attachment 4.1 by amending the headings and re-ordering the items in the Note by placing the text into alphabetical order.
Paragraph 4(v) replaces the Nominal Location text in Attachment 4.2 so that it reads “Council Site Cushnie Hill Lot 3 McAllisters Rd CUSHNIE”. It also amends the coordinates of the Australian Map Grid Reference.
Paragraph 4(w) inserts new Attachment 4.3 (contained in Schedule 2 to the instrument).
Paragraph 4(x) amends Attachment 5.1 by amending the headings.
Paragraph 4(y) amends Attachment 5.2 by amending the coordinates of the Australian Map Grid Reference and replacing the Special Condition with an Advisory Note.