Telecommunications (Environment

Impact Information) Regulations

Statutory Rules 1997 No. 252 as amended

made under the

Telecommunications Act 1997

This compilation was prepared on 5 July 2001

[Note: This StatutoryRule was repealed by SR 2001 No. 174]

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra
Contents

Contents
Page
1 Citation [see Note 1] 3
2 Interpretation 3
3 Purpose 3
4 Conditions in subclause 55 (2) that are satisfied 4
5 State, Territory and local government requirements 4
6 Description of the facility 4
7 Location of the facility 5
8 Description of the facility location 5
9 Environmental impact assessment of the facility 6
10 Measures to protect the environment 7
11 Alternative facilities and locations 8
12 Contact officer of the carrier 8
Schedule 1 Biophysical conservation value 9
Schedule 2 Heritage values and features 10

Notes 11

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 Regulation 3

1 Citation [see Note 1]

These Regulations may be cited as the Telecommunications
(Environment Impact Information) Regulations Regulations.

2 Interpretation
In these Regulations, unless the contrary intention appears:
Aboriginal person has the same meaning as in Schedule 3 to
the Act;
carrier, for the installation of a facility, means the carrier that
intends to carry out the installation of the facility;
designated overhead line has the same meaning as in Schedule
3 to the Act;
endangered ecological community has the same meaning as in
Schedule 3 to the Act;
environment has the same meaning as in Schedule 3 to the
Act;
installation has the same meaning as in Schedule 3 to the Act;
the Act means the Telecommunications Act 1997;
threatened species has the same meaning as in Schedule 3 to
the Act;
Torres Strait Islander has the same meaning as in Schedule 3
to the Act.

3 Purpose
These Regulations specify the information that must be set out
in a statement, under subclause 55 (4) of Schedule 3 to the Act,
about the environmental impact of:
(a) the carrying out of the installation of a facility; and
(b) the facility.
Note Clause 55 of Schedule 3 to the Act applies if a carrier proposes, for
purposes connected with the supply of a carriage service, to commence
installation of a facility before 1 January 1999, the installation is not
authorised by Division 3 of Part 1 of the Schedule, and the Commonwealth

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Regulation 4

has an environmental interest in the installation in a way mentioned in

subclause 55 (2). Subclause 55 (3) requires the carrier to give written notice
of the proposal to the Environment Secretary. Subclause 55 (4) provides
that the notice must be accompanied by a statement setting out the matters
specified in these Regulations.

4 Conditions in subclause 55 (2) that are satisfied

The statement must set out the conditions in subclause 55 (2)
of Schedule 3 to the Act that are satisfied.

5 State, Territory and local government requirements

The statement must set out details of:
(a) any administrative and legislative requirements of a State,
Territory or local government authority that must be
satisfied for installation, operation and maintenance of the
facility; and
(b) consultations by the carrier with a State, Territory or local
government authority about installation, operation and
maintenance of the facility, including consultations
relating to heritage and nature conservation.

6 Description of the facility

(1) The statement must set out a description of the kinds of
structures comprising the proposed facility, including:
(a) the type, colours and dimensions of each structure; and
(b) the size, style and height of any tower; and
(c) the number of antennas (if any) and their types and
heights; and
(d) the size of any equipment shed and security fencing.
(2) The statement must set out whether infrastructure exists at the
location of the facility and, if so, the extent to which it will be
used in the installation, operation or maintenance of the
facility.
(3) The statement must set out details of any existing access roads
to the facility.

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 Regulation 8

(4) As far as is reasonably practicable, the statement must include:

(a) relevant maps, plans, drawings, elevations, perspectives or
photographs in forms and scales appropriate to the facility;
and
(b) photomontages if they would help in assessing visual
impact.
(5) If national estate or World Heritage values are likely to be
affected by the installation, operation or maintenance of the
facility, the information mentioned in subregulations (1) to (4)
(inclusive) must be explained in a manner that demonstrates
the way those values would be affected.

7 Location of the facility

(1) The statement must set out information that identifies the
location of the facility, including the address or name of the
location.
(2) The statement must set out whether the facility is to be located:
(a) at an identified property (within the meaning of section 3A
of the World Heritage Properties Conservation Act 1983);
or
(b) in an area that is subject to World Heritage List
nomination; or
(c) in or near an area that is entered in the Register of the
National Estate or the Interim List for that Register.

8 Description of the facility location

(1) The statement must set out a description of the location of the
facility, including a description of the following features and
values:
(a) World Heritage values;
(b) national estate values;
(c) species of flora and fauna that occur and, in particular,
threatened species and endangered ecological
communities;
(d) geological and geomorphological features;

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Regulation 9

(e) features and values of particular significance to Aboriginal

persons, or Torres Strait Islanders, in accordance with
their traditions;
(f) archaeological values;
(g) other heritage values;
(h) land use.
(2) The statement must set out a description of the proximity of the
features mentioned in subregulation (1) to the location of the
facility.

9 Environmental impact assessment of the facility

(1) The statement must set out separately details identifying the
likely impact on the environment of:
(a) carrying out the installation; and
(b) the operation of the facility; and
(c) the maintenance of the facility.
(2) The details for paragraphs (1) (a), (b) and (c) must include:
(a) a description of the likely impact on biophysical
conservation values, including the likely impact on the
items mentioned in Schedule 1; and
(b) a description of the likely impact on heritage values,
including the likely impact on the items mentioned in
Schedule 2; and
(c) a description of the likely impact on visual amenity.
(3) The statement must set out:
(a) details about the extent to which the installation, operation
and maintenance of the facility is dealt with under a
management plan relevant to the World Heritage Area;
and
(b) a description of any consultations by the carrier with
indigenous communities about the installation, operation
and maintenance of the facility.

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 Regulation 10

10 Measures to protect the environment

The statement must set out a description of measures that the
carrier intends to implement to minimise degradation of the
environment caused by installation, operation and maintenance
of the facility, including a description of measures that the
carrier intends to implement to:
(a) minimise damage to ecosystems, including damage caused
by:
(i) construction of access roads; or
(ii) clearing land; or
(iii) burning or modifying native vegetation
communities; or
(iv) displacing and disturbing fauna; or
(v) clearing remnant vegetation and wildlife corridors;
or
(vi) changing the distribution of water flows; or
(vii) modification of river banks; and
(b) minimise degradation of the quality of the environment
and preserve the features and values that:
(i) are mentioned in Schedule 2; and
(ii) exist at or near the location of the facility; and
(c) avoid causing danger to the safety and existence of flora
and fauna; and
(d) avoid creating limitations on the future beneficial use of
the environment; and
(e) minimise pollution and manage waste in a safe and
responsible manner; and
(f) minimise ground disturbance and introduction of weeds;
and
(g) avoid the introduction of increased fire risk; and
(h) restore the location of the facility after:
(i) the installation has been carried out; and
(ii) the facility has been removed.

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Regulation 11

11 Alternative facilities and locations

(1) The statement must set out:
(a) details about facilities and locations other than the
proposed facility and location that the carrier considered;
and
(b) the reasons the carrier chose the proposed facility and
location instead of the other facilities and locations.
Note Technical, environmental, heritage and telecommunications network
configuration reasons are examples of reasons that a carrier may have for
choosing a proposed facility and location instead of other facilities and
locations.

(2) If the carrier believes that the proposed facility and location are
the only prudent and feasible facility and location, the
statement must demonstrate that there are no prudent and
feasible alternatives to the proposed facility and location.

12 Contact officer of the carrier

The statement must set out:
(a) the name of the officer of the carrier who is responsible
for providing information about the facility; and
(b) details of how the officer may be contacted.

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 Biophysical conservation value Schedule 1

Schedule 1 Biophysical conservation

value
(paragraph 9 (2) (a))

Biophysical conservation values

Item Biophysical conservation value

1 World Heritage values

2 Threatened species and endangered ecological communities
3 Wetlands listed under the Convention on Wetlands of
International Importance Especially as Waterfowl Habitat
(as amended by the 1982 Protocol and the 1987
Amendment), done at on 2 February 1971
4 Wetlands listed in “A Directory of Important Wetlands in
Australia” published by the Biodiversity Group of
Australia, as in force from time to time
5 Migratory bird species listed under the Agreement between
the Government of Australia and the Government of the
People’s Republic of China for the Protection of the
Migratory Birds and their Environment, done at Canberra
on 20 October 1986
6 Migratory bird species listed under the Agreement between
the Government of Australia and the Government of Japan
for the Protection of Migratory Birds and Birds in Danger
of Extinction and their Environment, done at Tokyo on
6 February 1974
7 Wilderness values as referred to in Annex I of the
Convention on Biological Diversity (1992)
8 Features of the natural environment that are important for
their existence value, or for present or future generations in
terms of their scientific, aesthetic or life-support value

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Schedule 2 Heritage values and features

Schedule 2 Heritage values and features

(paragraph 9 (2) (b))

Heritage values and features

Item Heritage value or feature

1 World Heritage
2 Historic heritage values and features
3 Natural heritage values and features
4 Indigenous heritage values and features
5 Areas or things entered in the Register of the National
Estate or in the Interim List for that Register
Note
World Heritage values are those of such outstanding universal value that their
conservation is of concern to all people. Places with these values are recognised
through their inscription on the World Heritage List by UNESCO’s World Heritage
Committee. World Heritage values can be of outstanding universal natural value,
outstanding universal cultural value or both. Australia’s places on the World Heritage
List include Kakadu National Park, Uluru-Kata Tjuta National Park, the Great Barrier
Reef, the Wet Tropics of Queensland, the Tasmanian Wilderness, Fraser Island and
Shark Bay.
Historic heritage values and features include historic structures and sites, archaeological
sites, conservation areas, cultural landscapes, gardens and trees, and places significant
for their social, historic, aesthetic, architectural, anthropological or scientific value.
Natural heritage values and features include features of the natural environment that are
important for their existence value, or for present or future generations in terms of their
scientific, social, aesthetic or life-support value. These include natural processes,
ecosystems, biological diversity, geodiversity (including geological and
geomorphological features) and wilderness.
Indigenous values and features include areas or things of particular significance to
Aboriginal persons or Torres Strait Islanders, in accordance with their traditions. These
places may be valued for a single value or combination of values that may include
social, aesthetic, historic or scientific values for present, past or future generations.
Social values include spiritual and traditional values.

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 Notes to the Telecommunications (Environment Impact Information) Regulations

Notes to the Telecommunications

(Environment Impact Information) Regulations
Note 1
Statutory Rules 1997 No. 252 was notified in the Commonwealth of
Australia Gazette and commenced on 24 September 1997.

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