Variation to Licence Area Plan – Queenstown Radio – December 2001 – 2018 (No.1)

Administered by Department of Communications and the Arts

Legislation au F2018L01459 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 – Queenstown Radio – December 2001 – 2018 (No.1)

Authority

The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Queenstown Radio – December 2001 – 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 – Queenstown Radio – December 2001 (F2005B00964) on 13 December 2001 (Queenstown LAP).

The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Queenstown area of Tasmania by making spectrum available for an FM transmitter for the 7XS AM commercial radio broadcasting service, enabling a conversion of that service from AM to FM. The 7XS AM commercial radio service has not transmitted on the planned AM frequency for some time, and its content has been aired instead on a transmitter planned for the 7AUS FM commercial radio broadcasting service. In order to allow for the least disruption to customers, the instrument will provide for the 7XS AM service to convert to FM, and it will operate in accordance with the specifications currently planned for the transmitter for the 7AUS FM commercial radio broadcasting service. A new transmitter and frequency have been planned for the 7AUS commercial radio broadcasting service.

The instrument also updates some transmitter site nominal locations, Australian Map Grid references for transmitters and special conditions for national and commercial radio broadcasting services, and includes a provision to state how instruments and other writing are incorporated into the Queenstown LAP.

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 Queenstown 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 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 Queenstown LAP, the ACMA invited comment on a consultation paper which dealt with the Queenstown LAP proposal and proposals for changes in radio in other areas of Tasmania, namely Burnie, Devonport, Scottsdale, Hobart and Launceston. The consultation paper provided the background to the proposal and was published on the ACMA website on 5 June 2018. The ACMA also wrote to the commercial radio broadcasting licensees and other broadcasting licensees and the national broadcasting services in overlapping and adjacent radio licence areas inviting comment on the proposal to vary the Queenstown LAP.

The consultation period ended on 5 July 2018 and the ACMA received five submissions. Only one submission discussed the Queenstown proposal and it did not object to the proposal.

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 – Queenstown Radio – December 2001. The instrument makes radiofrequency spectrum available, and changes existing characteristics including technical specifications, of certain radio broadcasting services in the Queenstown 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 – Queenstown Radio
December 2001 – 2018 (No.1)

Section 1 Name

This section provides for the instrument to be cited as the Variation to Licence Area Plan – Queenstown Radio – December 2001 – 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. 

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 Queenstown LAP as set out in paragraphs (a) to (u).

Paragraph 4(a) renames the Queenstown LAP as the Licence Area Plan – Queenstown Radio.

Paragraph 4(b) removes the words “– DECEMBER 2001” and “DETERMINATION” from the heading of page 2 of the Queenstown LAP.

Paragraph 4(c) numbers the paragraphs on page 2 of the Queenstown LAP, omits the current paragraph (1) and substitutes a new paragraph (1). The new paragraph (1) provides that the Queenstown LAP is a plan for radio broadcasting services in the Queenstown area of Tasmania and is made under subsection 26(1) of the Act.  Paragraph 4(c) also omits each occurrence of the word “Determination” and substitutes the word “plan” in paragraph (2) of the Queenstown LAP, and inserts a new paragraph (3).  The new paragraph (3) ensures that a reference to a schedule or an attachment is a reference to a schedule or an attachment to the Queenstown 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. Paragraph (3) 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(c) also removes the text “(Determined by the Australian Broadcasting Authority on 13 December 2001)” from the end of page 2 of the Queenstown LAP.

Paragraph 4(d) omits notes from the Queenstown LAP.

Paragraph 4(e) amends Schedule One to the Queenstown LAP by removing the words “- December 2001” from the heading and omitting the column headed “Status” from the table. Paragraph 4(e) also amends the entries in the row of Schedule One that refers to the transmitter in Attachment 1.11 (for the 7XS commercial radio broadcasting service). The frequency is changed from 837 kHz to 92.1 MHz. The Technical Specification number is changed, and the area served is changed from just Queenstown to Queenstown/Zeehan.

 

Paragraph 4(e)) also amends the frequency in the row that refers to the transmitter in Attachment 1.14 (for the 7AUS commercial radio broadcasting service), from 92.1 MHz to 95.3 MHz.

Paragraph 4(f) amends the headings of Attachment 1.1 of the Queenstown LAP so that they read “Licence Area – QUEENSTOWN RA1” then “Commercial Radio Service Licence Numbers: SL4222, SL10311”.

Paragraph 4(g) amends the Nominal location in Attachment 1.2 of the Queenstown LAP so that it reads “Broadcast Australia Site off Zeehan Hwy 4.5km NNW of QUEENSTOWN”. It also inserts a Special Condition at the end of the Attachment 1.2, which states that the CMF must not exceed the specified CMF at 0 degrees elevation for all angles of azimuth.

Paragraph 4(h) replaces the Nominal location in Attachment 1.3 of the Queenstown LAP so that it reads “Broadcast Site MT OWEN”.

Paragraph 4(i) replaces the Nominal location text in Attachments 1.4 and 1.5 of the Queenstown LAP so that each reads “Broadcast Australia Site MT READ”.

Paragraph 4(j) replaces the Nominal location text in Attachment 1.6 of the Queenstown LAP so that it reads “Broadcast/Comm Site MT CLEVELAND”. It also removes the current Output Radiation Pattern table in Attachment 1.6 of the Queenstown LAP and replaces it with a new Output Radiation Pattern table (contained in Schedule 1, Part 1 to the instrument). The antenna is directional and the Output Radiation Pattern has changed, increasing the maximum ERP in several directions.

Paragraph 4(k) replaces the Nominal location text in Attachment 1.7 of the Queenstown LAP so that it reads “Broadcast Australia Site off Ocean Beach Rd STRAHAN”.  It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.7. Paragraph 4(k) also inserts an Advisory Note at the end of Attachment 1.7. The Advisory Note provides that a transmission planned in accordance with the specification will be protected to the minimum field strength specified in the condition, against interferencefrom other broadcasting services.

Paragraph 4(l) replaces the Nominal location text in Attachment 1.8 of the Queenstown LAP so that it reads “Broadcast Australia Site off Ocean Beach Rd STRAHAN”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.8. Paragraph 4(l) also inserts an Advisory Note at the end of Attachment 1.8. The Advisory Note provides that a transmission planned in accordance with the specification will be protected to the minimum field strength specified in the condition, against interference from other broadcasting services.

Paragraph 4(m) replaces the Nominal location text in Attachments 1.9 and 1.10 of the Queenstown LAP so that each reads “Telstra/Broadcast Site COMPANION HILL”.

Paragraph 4(n) changes the technical specifications in Attachment 1.11 relating to a transmitter planned for the 7XS commercial radio broadcasting service, to change the transmitter from an AM frequency to an FM frequency. In particular:

  • the planned frequency is changed from 837 kHz to 92.1 MHz;
  • the General Area Served is expanded from Queenstown to Queenstown/Zeehan;
  • the Nominal location is changed to the Works Tasmania Site at Mt Owen;
  • a new Output Radiation Pattern is specified (contained at Schedule 1, Part 2 to the instrument), which provides that the antenna is omnidirectional and the maximum ERP is 1 kW;
  • the polarisation for the transmitter is specified as mixed;
  • the maximum antenna height for the transmitter is specified to be 30 metres; and
  • the technical specification number is changed.

Paragraph 4(o) replaces the Nominal location in Attachment 1.12 of the Queenstown LAP so that it reads “Commercial Broadcast Site MT READ”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.12 and removes the current Output Radiation Pattern table in Attachment 1.12 and replaces it with a new Output Radiation Pattern table (contained in Schedule 1, Part 3 to this instrument). The antenna is omnidirectional and the maximum ERP is 500 W.

Paragraph 4(p) amends the Nominal location in Attachment 1.13 of the Queenstown LAP so that it reads “Broadcast Monopole Council Site Strahan Airport, Macquarie Heads Rd STRAHAN”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.13. Paragraph 4(p) also inserts an Advisory Note at the end of Attachment 1.13. The Advisory Note provides that a transmission planned in accordance with the specification will be protected to the minimum field strength specified in the condition, against interference from other broadcasting services.

Paragraph 4(q) replaces the Nominal location in Attachment 1.14 of the Queenstown LAP so that it reads “Works Tasmania Site MT OWEN. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.14. Paragraph 4(q) also amends the Carrier Frequency specified in Attachment 1.14, from 92.1 MHz to 95.3 MHz. This will allow the 7AUS commercial radio broadcasting service to use 95.3 MHz in the future, and allows the ACMA to specify 92.1 MHz for a transmitter for the 7XS commercial radio broadcasting service. Paragraph 4(q) also removes the current Output Radiation Pattern table in Attachment 1.14 and replaces it with a new Output Radiation Pattern table (contained in Schedule 1, Part 4 to the instrument). The antenna is omnidirectional and the maximum ERP is 1 kW.

Paragraph 4(r) replaces the Nominal location in Attachment 1.15 of the Queenstown LAP so that it reads “Commercial Broadcast Site MT READ”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.15 and removes the current Output Radiation Pattern table in Attachment 1.15 and replaces it with a new Output Radiation Pattern table (contained in Schedule 1, Part 5 to the instrument). The antenna is omnidirectional and the maximum ERP is 500 W.

Paragraph 4(s) amends the Nominal location in Attachment 1.16 of the Queenstown LAP so that it reads “Broadcast Monopole Council Site Strahan Airport, Macquarie Heads Rd STRAHAN”. It also amends the coordinates of the Australian Map Grid Reference in Attachment 1.16 and inserts an Advisory Note at the end of Attachment 1.16. The Advisory Note provides that a transmission planned in accordance with the specification will be protected to the minimum field strength specified in the condition, against interference from other broadcasting services.

Paragraphs 4(t) and 4(u) make some minor amendments to the text of various Attachments to the Queenstown LAP, to make the text consistent across the Attachments and with other licence area plans.

Overview

The Broadcasting Services Act 1992 was enacted to regulate broadcasting services in Australia, ensuring that they are managed in a manner that is consistent with the public interest. This Act was introduced to address the need for a comprehensive regulatory framework to govern the broadcasting industry, including the allocation of spectrum and the technical specifications of broadcasting services. The Act is administered by the Australian Communications and Media Authority (ACMA), which has the authority to make legislative instruments that vary licence area plans (LAPs) under subsection 26(2) of the Act. The primary policy objective of the Act is to facilitate the efficient and effective use of the broadcasting services bands while protecting the public interest. The ACMA has utilised its powers under the Act to make the "Variation to Licence Area Plan – Queenstown Radio – December 2001 – 2018 (No.1)" instrument, which modifies the Licence Area Plan for Queenstown Radio. This instrument aims to reallocate spectrum to allow the 7XS AM commercial radio broadcasting service to convert to FM, thereby minimising disruption to customers. The instrument also updates technical specifications and transmitter site details to align with current broadcasting practices and guidelines.

Scope and Application

The Variation to Licence Area Plan – Queenstown Radio – December 2001 – 2018 (No.1) is a legislative instrument made by the Australian Communications and Media Authority (ACMA) under subsection 26(2) of the Broadcasting Services Act 1992. This instrument modifies the Licence Area Plan (LAP) for Queenstown Radio, located in Tasmania, to incorporate changes in radio broadcasting services, primarily the conversion of the 7XS AM commercial radio service to FM. The instrument updates technical specifications, transmitter locations, and frequency allocations, aiming to minimise disruption for customers. It applies specifically to the Queenstown area and encompasses adjustments to various technical parameters and conditions for radio broadcasting services. The changes include making spectrum available for the 7XS AM service on an FM frequency, updating transmitter site locations, and modifying technical specifications to ensure compliance with current broadcasting standards. The instrument does not extend beyond the specified changes to the Queenstown LAP and is subject to the Broadcasting Services (Technical Planning) Guidelines 2017. The ACMA has ensured that the instrument is compatible with human rights, as it does not engage any of the rights and freedoms recognised or declared by the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Variation to Licence Area Plan – Queenstown Radio – December 2001 – 2018 (No.1) primarily involves amendments to the technical specifications of radio broadcasting services in the Queenstown area of Tasmania. This includes enabling the 7XS AM commercial radio broadcasting service to convert to FM, thereby making spectrum available for an FM transmitter for that service. The instrument also updates transmitter site nominal locations, Australian Map Grid references for transmitters, and special conditions for national and commercial radio broadcasting services, ensuring these align with the current technical specifications and requirements. Additionally, it incorporates the Broadcasting Services (Technical Planning) Guidelines 2017 into the Licence Area Plan – Queenstown Radio, thereby updating the technical and operational parameters of the broadcasting services in the area. The Act imposes several obligations on parties governed by the Licence Area Plan. These obligations include adhering to the updated technical specifications, ensuring that any new transmitters or changes in broadcasting services comply with the newly outlined parameters, and maintaining the integrity of the broadcasting services as per the revised plan. Broadcasters must also ensure that their operations do not interfere with other services and comply with any special conditions specified in the plan. Furthermore, entities must ensure their operations are consistent with the Broadcasting Services (Technical Planning) Guidelines 2017, which are now incorporated into the Licence Area Plan. Failure to comply with the provisions of the Licence Area Plan and the Broadcasting Services Act 1992 may result in various penalties and consequences. While specific penalties are not outlined in the explanatory statement, non-compliance with broadcasting regulations generally may lead to enforcement actions by the Australian Communications and Media Authority (ACMA). Such actions can include warnings, fines, or in severe cases, suspension or revocation of broadcasting licences. Additionally, broadcasters found to be in breach of the technical guidelines or special conditions may face legal proceedings which could result in further penalties or orders to rectify the non-compliance. It is important for broadcasters to adhere to these regulations to avoid such adverse outcomes.

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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.