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1998
THE
PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE
HOUSE OF
REPRESENTATIVES
TELECOMMUNICATIONS
AMENDMENT BILL (No. 2)
1998
EXPLANATORY
MEMORANDUM
(Circulated
by authority of Senator the Hon. Richard Alston, Minister for Communications,
Information Technology and the Arts)
ISBN: 0642 377898
TELECOMMUNICATIONS AMENDMENT BILL
(No. 2) 1998
OUTLINE
The Telecommunications Amendment Bill (No. 2) 1998 makes one amendment to
the Telecommunications Act 1997 (the Act). The amendment to paragraph
55(1)(a) of Schedule 3 to the Act will replace the sunset date of 1 January 1999
with a sunset date of 1 January 2001 to ensure that the Commonwealth’s
environmental interests continue to be protected after 1 January
1999.
The 1 January 1999 timeframe was specified in the Act because it
was expected that similar arrangements would be put in place by that date under
the Environment Protection and Biodiversity Conservation Bill. Delays in
finalising that Bill mean that without this proposed amendment, from 1 January
1999 the telecommunications carriers would no longer be under an obligation to
satisfy the Environment Secretary about activities they propose to undertake
which have an environmental significance for the Commonwealth.
FINANCIAL IMPACT STATEMENT
It is expected that the proposed amendment will not have a significant
financial impact on Commonwealth expenditure of revenue.
NOTES ON CLAUSES
Clause 1 - Short title
Clause 1 provides that the Act may
be cited as the Telecommunications Amendment Act (No. 2)
1998.
Clause 2 - Commencement
Clause 2 provides for
the commencement of the Act on the day it receives the Royal
Assent.
Clause 3 - Schedule
Schedule 3 provides that the
Act specified in the Schedule is amended as set out in the items in the
Schedule.
Schedule 1 - Continuation of environmental
assessment and protection regime
Amendment to the
Telecommunications Act 1997
Item 1 - Paragraph 55(1)(a) of Schedule 3
Item 1 amends
paragraph 55(1)(a) of Schedule 3 to omit the reference to ‘1999’ and
substitute ‘2001’. The effect of the amendment is that the
requirement for carriers, proposing to carry out the installation of a facility,
to provide a notice of their intention to the Environment Secretary if any of
the conditions in subclause 55(2) exist, is continued beyond 1 January 1999
until 1 January 2001.
Clause 55, until 1 January 1999, imposes special
requirements on carriers installing facilities where the installation is not
authorised under clauses 6(1)(a), (b), (c) or (d) and there are special
Commonwealth environmental or heritage concerns. (Clause 6 provides for the
installation of a facility (a) if the carrier is authorised to do so by a
facility installation permit; (b) where the facility is a ‘low impact
facility’; (c) where the facility is a temporary defence facility; or (d)
the activity is carried out before 1 July 2000 for the sole purpose of
connecting a subscriber to a line forming part of a telecommunications network
existing at the commencement of the Act and the connection does not cross over
or under a street or a road.)
In addition to whatever approvals the
carrier must obtain from the owner of the land and the relevant State, Territory
or local government authority, the carrier must notify the Environment Secretary
of the proposed installation where it gives rise to any of the environment or
heritage concerns specified in clause 55(2). The notice will provide such
information as is specified in the regulations. It must be given at least 25
business days before the installation is proposed to be commenced.
Where
the Environment Secretary makes a recommendation to the ACA, the ACA, after
consulting with the Director of National Parks and Wildlife or the Australian
Heritage Commission where appropriate, may give the carrier a written direction
relating to the installation. The direction must be given within 25 business
days after the notice was given by the carrier. The carrier must comply with
such a direction. A decision of the ACA to give a direction, to vary a
direction and to refuse to revoke a direction are specified at paragraph 1(z) of
Schedule 4 for the purposes of section 555 of the Act. This means that Part 29
of the Act applies so as to give the permit holder the right to apply to the ACA
for reconsideration of that decision. If the ACA, after reconsidering its
decision, affirms the decision or fails to make a decision within 90 days of
receiving an application for reconsideration, the permit holder may apply to the
Administrative Appeals Tribunal for review of the decision.
The
amendment will continue to extend the requirements of clause 55 to carriers
proposing to install facilities after 1 January 1999 until 1 January 2001.