EXPLANATORY STATEMENT
Approved by the Australian Communications and Media Authority
Broadcasting Services Act 1992
Variation to Licence Area Plan – Toowoomba/Warwick Radio 2019 (No.1)
Authority
The Australian Communications and Media Authority (the ACMA) has made the Variation to Licence Area Plan – Toowoomba/Warwick 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 – Toowoomba/Warwick (Radio) – November 1998 (F2005B00920) (Toowoomba/Warwick LAP).
The instrument varies the characteristics, including technical specifications, of radio broadcasting services in the Toowoomba/Warwick area of Queensland. It includes the technical specifications for ABC transmitters serving Toowoomba and Warwick transmitting Parliamentary News Network content.
The instrument also makes minor amendments to the technical specifications by updating some transmitter site nominal locations, Australian Map Grid references for transmitters and advisory notes for national, commercial, and community radio broadcasting services in the Toowoomba/Warwick 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 Toowoomba/Warwick 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 Toowoomba/Warwick LAP, the ACMA invited comment on a consultation paper which explained the proposed variations to the Toowoomba/Warwick LAP, along with proposed variations to other licence area plans for other areas of Queensland, namely Kingaroy, Bundaberg and Emerald. 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 Toowoomba/Warwick 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 – Toowoomba/Warwick Radio. The instrument makes radiofrequency spectrum available for, and changes existing characteristics including technical specifications of, certain radio broadcasting services in the Toowoomba/Warwick RA1, Dalby RA1, Toowoomba RA2 and Warwick RA2 licence areas.
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 – Toowoomba/Warwick Radio 2019 (No.1)
Section 1 Name
This section provides for the instrument to be cited as the Variation to Licence Area Plan – Toowoomba/Warwick 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 Toowoomba/Warwick LAP as set out in paragraphs (a) to (cc).
Paragraph 4(a) amends clause (2) by updating the reference to the number of national radio broadcasting services made available in the licence area described in the Toowoomba/Warwick RA1 licence area. It also amends the reference to the series of Attachments contained in the instrument so that it reads “Attachments 1.2 – 1.6, 1.26 and 1.27”.
Paragraph 4(b) inserts new Schedule One (contained in Schedule 1 to the instrument), updating the references to the services available the licence area so that they accurately reflect the details specified in each of the relevant Attachments.
Paragraph 4(c) makes a typographical change to Attachment 1.1.
Paragraph 4(d) amends Attachments 1.2, 1.3, 1.4 and 1.5 by updating the coordinates of the Australian Map Grid Reference.
Paragraph 4(e) amends Attachment 1.6 by updating the coordinates of the Australian Map Grid Reference and by adding a Special Condition.
Paragraph 4(f) amends the Nominal Location text in Attachment 1.7 so that it reads “4AK Road”, updates the coordinates of the Australian Map Grid Reference and adds a Special Condition.
Paragraph 4(g) amends Attachment 1.8 by updating the coordinates of the Australian Map Grid Reference and replaces the text in the Advisory Note.
Paragraph 4(h) amends Attachment 1.9 by updating the coordinates of the Australian Map Grid Reference and by including a Special Condition.
Paragraph 4(i) amends Attachment 1.10 by updating the coordinates of the Australian Map Grid Reference and making some minor corrections to the Advisory Note.
Paragraph 4(j) inserts a new Attachment 1.11 (contained in Schedule 2 to the instrument), updating Nominal Location, Nominal Co-ordinates, Output Radiation Pattern and adding an Advisory Note.
Paragraph 4(k) repeals Attachment 1.12.
Paragraph 4(l) amends Attachment 1.13 by amending the General Area Served text so that it reads “Toowoomba (QLD)” and replaces the Nominal Location text so that it reads “Comtel Tower Mount Kynoch 36 Hilltop Crescent BLUE MOUNTAIN HEIGHTS”. It also updates the coordinates of the Australian Map Grid Reference and replaces the Advisory Note.
Paragraph 4(m) amends Attachment 1.14 to replace the Nominal Location text so that it reads “Gold Radio Site Karingal Hill 297 Hustons Road PIRRINUAN”. It also updates the coordinates of the Australian Map Grid Reference.
Paragraph 4(n) amends Attachment 1.15 by updating the coordinates of the Australian Map Grid Reference and making some minor corrections to the text in the Advisory Note.
Paragraph 4(o) amends Attachment 1.16 by replacing the Nominal Location text so that it reads “Comtel Tower Mount Kynoch 36 Hilltop Crescent BLUE MOUNTAIN HEIGHTS”. It also updates the coordinates of the Australian Map Grid Reference.
Paragraph 4(p) amends Attachment 1.17 by updating the coordinates of the Australian Map Grid Reference and making some minor corrections to the text in the Advisory Note.
Paragraph 4(q) amends Attachment 1.18 by replacing the Nominal Location text so that it reads “Broadcast Site off Womina-Willowvale Road Eastmans Ridge WARWICK”. It also updates the coordinates of the Australian Map Grid Reference.
Paragraph 4(r) amends Attachment 1.19 to replace the Nominal Location text so that it reads “Gold Radio Site Karingal Hill 297 Hustons Rd PIRRINUAN”. It also updates the coordinates of the Australian Map Grid Reference.
Paragraph 4(s) amends Attachment 1.20 by replacing the Nominal Location text so that it reads “Council Community Centre 107 Drayton St DALBY”. It also updates the coordinates of the Australian Map Grid Reference and replaces the Advisory Notes.
Paragraph 4(t) amends Attachment 1.21 by replacing the Nominal Location text so that it reads “Nominal Planning Site Mt Marlay STANTHORPE”. It also updates the coordinates of the Australian Map Grid Reference and replaces the Advisory Notes.
Paragraph 4(u) amends Attachment 1.22 by updating the coordinates of the Australian Map Grid Reference and replaces the Advisory Note.
Paragraph 4(v) amends Attachments 1.23 and 1.24 by updating the coordinates of the Australian Map Grid Reference and replacing the Advisory Note in both Attachments.
Paragraph 4(w) amends Attachment 1.25 by replacing the Nominal Location text so that it reads “Nominal Planning Site Old Quarry Mount Tabor Rd MOUNT TABOR”. It also updates the coordinates of the Australian Map Grid Reference and replaces the Advisory Notes.
Paragraph 4(x) inserts new Attachments 1.26 and 1.27 (contained in Schedule 3 to the instrument). These technical specifications are for ABC transmitters serving Toowoomba and Warwick transmitting Parliamentary News Network content.
Paragraph 4(y) amends Attachment 2.1 by placing the items in the Note in alphabetical order.
Paragraph 4(z) amends Attachment 2.2 by replacing the Nominal Location text so that it reads “Council Community Centre 107 Drayton St DALBY”. It also updates the coordinates of the Australian Map Grid Reference.
Paragraph 4(aa) amends Attachments 3.2 and 3.3 by updating the coordinates of the Australian Map Grid Reference.
Paragraph 4(bb) amends Attachment 4.1 by placing the items in the Note in alphabetical order.
Paragraph 4(cc) amends Attachment 4.2 by replacing the Nominal Location text so that it reads “Broadcast Site Old Quarry corner Mount Tabor Road and Ogilvie Road MOUNT TABOR”. It also updates the coordinates of the Australian Map Grid Reference and omits the Advisory Note.