Commonwealth Numbered Regulations - Explanatory Statements

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TELECOMMUNICATIONS (ENVIRONMENTAL IMPACT INFORMATION) REPEAL REGULATIONS 2001 2001 NO. 174

Statutory Rules 2001 No. 174

Issued by the Authority of the Minister for Communications, Information Technology and the Arts

Telecommunications Act 1997

Telecommunications (Environmental Impact Information) Repeal Regulations 2001

Section 594 of the Telecommunications Act 1997 (the Act) provides for the Governor-General to make regulations under the Act.

The purpose of the accompanying regulations is to repeal the Telecommunications (Environmental Impact Information) Regulations (Statutory Rules 1997 No. 252).

Clause 55 of Schedule 3 to the Act is a transitional provision that has now 'sunsetted'. It applied in circumstances where a telecommunications carrier proposed to commence to carry out the installation of a telecommunications facility before 1 January 2001 and the installation was not authorised by the Act and there were special Commonwealth environmental and heritage concerns. In addition to whatever approvals the carrier was required to obtain from the owner of the land and the relevant State, Territory or local government authority, the carrier was required to notify the Secretary of the Department of the Environment and Heritage of the proposed installation where it gave rise to certain environment or heritage concerns.

The Telecommunications (Environmental Impact Information) Regulations were made for the purposes of subclause 55(4) of Schedule 3 to the Act. This provision provides for the making of regulations which specify the information that a telecommunications carrier was required to provide to the Secretary of the Department of the Environment and Heritage about the environmental impact of the installation of a telecommunications facility before 1 January 2001.

With the 'sunset' of clause 55 of Schedule 3 to the Act on 1 January 2001, the Telecommunications (Environmental Impact Information) Regulations have no continuing application. Carriers are now subject to the notification requirements contained in the Environment Protection and Biodiversity Conservation Act 1999 as well as the continuing requirements of subordinate instruments under the Telecommunications Act, particularly the Telecommunications Code of Practice 1997.

Details of the accompanying regulations appear in the Attachment.

The accompanying regulations commenced on gazettal.

ATTACHMENT

DETAILS OF THE REGULATIONS

Regulation 1 - Name of Regulations

Regulation 1 provides that the name of the accompanying regulations is the

Telecommunications (Environmental Impact Information) Repeal Regulations 2001.

Regulation 2 - Commencement

Regulation 2 provides that the accompanying regulations commence on gazettal.

Regulation 3 - Telecommunications (Environmental Impact Information) Regulations repeal

Regulation 3 repeals the Telecommunications (Environmental Impact Information) Regulations (Statutory Rules 1997 No. 252).

The Telecommunications (Environmental Impact Information) Regulations specified the information that a telecommunications carrier was required to provide to the Secretary of the Department of the Environment and Heritage about the environmental impact of the installation of a telecommunications facility before 1 January 2001.

They were made for the purposes of subclause 55(4) of Schedule 3 to the Telecommunications Act 1997 (the Act). This provision, along with the rest of clause 55 of Schedule 3 to the Act, 'sunsetted' on 1 January 2001.

The Telecommunications (Environmental Impact Information) Regulations therefore have no continuing application. Carriers are now subject to the notification requirements contained in the Environment Protection and Biodiversity Conservation Act 1999 as well as the continuing requirements of subordinate instruments under the Telecommunications Act, particularly the Telecommunications Code of Practice 1997.