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This is a Bill, not an Act. For current law, see the Acts databases.
TELECOMMUNICATIONS AMENDMENT (MOBILE PHONE TOWERS) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Telecommunications Amendment
(Mobile Phone Towers) Bill 2011
No. , 2011
(Senator Bob Brown)
A Bill for an Act to amend the Telecommunications
Act 1997 and the Australian Radiation Protection
and Nuclear Safety Act 1998, and for related
purposes
i Telecommunications Amendment (Mobile Phone Towers) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Australian Radiation Protection and Nuclear Safety Act 1998
3
Telecommunications Act 1997
3
Telecommunications Amendment (Mobile Phone Towers) Bill 2011 No. , 2011 1
A Bill for an Act to amend the Telecommunications
1
Act 1997 and the Australian Radiation Protection
2
and Nuclear Safety Act 1998, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Telecommunications Amendment
7
(Mobile Phone Towers) Act 2011.
8
2 Commencement
9
This Act commences on the day this Act receives the Royal
10
Assent.
11
12
2 Telecommunications Amendment (Mobile Phone Towers) Bill 2011 No. , 2011
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Telecommunications Amendment (Mobile Phone Towers) Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Australian Radiation Protection and Nuclear Safety Act 1998
3
1 Section 20
4
Before "The Council", insert "(1)".
5
2 At the end of section 20
6
Add:
7
(2) Without limiting paragraph (1)(a), the Council also has the
8
function of reviewing the standard that relates to the limits for
9
human exposure to radiofrequency fields in the frequency range 3
10
kHz to 300 GHz.
11
(3) The Council must:
12
(a) complete the first review under subsection (2) within 6
13
months after the commencement of that subsection; and
14
(b) conduct subsequent reviews under subsection (2) at least
15
once every 5 years after the first review is completed.
16
(4) A review under subsection (2) must consider the standards applied
17
by other countries in relation to the limits for human exposure to
18
radiofrequency fields in the frequency range 3 kHz to 300 GHz.
19
(5) The Council must provide a written report of a review under
20
subsection (2) to the CEO.
21
(6) The CEO must cause a copy of the report to be placed on
22
ARPANSA's website within 14 days of receiving the report.
23
Telecommunications Act 1997
24
3 Before Part 1 of Schedule 3
25
Insert:
26
Schedule 1 Amendments
4 Telecommunications Amendment (Mobile Phone Towers) Bill 2011 No. , 2011
Part 1A--Application of Schedule to entities other
1
than carriers
2
3
1A Obligations apply to carriers and other entities that install or
4
maintain facilities
5
The obligations imposed by this Schedule on a carrier are also
6
imposed on entities other than carriers that install or maintain
7
facilities.
8
4 Subclause 4(2) of Schedule 3
9
Repeal the subclause, substitute:
10
(2) To avoid doubt, a reference in this clause to a tower includes a
11
reference to an antenna, aerial, dish or other attachment.
12
5 Subclause 4(3) of Schedule 3 (at the end of the definition of
13
tower)
14
Add "and includes any mounting piece, bracket, header, spacer, remote
15
radio unit, antenna, dish, aerial or similar attachment".
16
6 Subclause 6(5) of Schedule 3
17
Repeal the subclause, substitute:
18
(5) A tower must not be specified in an instrument under
19
subclause (3). For this purpose, tower has the same meaning as in
20
clause 4.
21
7 Subclauses 6(6) and (7) of Schedule 3
22
Repeal the subclauses.
23
8 After subclause 7(4) of Schedule 3
24
Insert:
25
(4A) A reference in this clause to the maintenance of a facility does not
26
include a reference to an activity that increases the electromagnetic
27
radiation emitted by the facility.
28
9 Paragraph 7(8)(a) of Schedule 3
29
Amendments Schedule 1
Telecommunications Amendment (Mobile Phone Towers) Bill 2011 No. , 2011 5
Repeal the paragraph, substitute:
1
(a) the measurement of the height of a tower is to include any
2
antenna, aerial, dish or other attachment extending from the
3
top of the tower; and
4
10 Subclause 7(10) of Schedule 3 (at the end of the definition
5
of tower)
6
Add "and includes any mounting piece, bracket, header, spacer, remote
7
radio unit, antenna, dish, aerial or similar attachment".
8
11 Subclause 15(1) of Schedule 3
9
Omit "may", substitute "must".
10
12 After subclause 15(1) of Schedule 3
11
Insert:
12
(1A) Without limiting the conditions that may be set out in a Code of
13
Practice, the Code of Practice must provide for:
14
(a) notification and consultation requirements that apply to
15
carriers, including notifying and consulting with owners and
16
occupiers of land within 500 metres of any facility that will
17
emit electromagnetic radiation; and
18
(b) carriers to provide, as part of the notification process, full
19
disclosure of plans for the facility being installed (including
20
cumulative electromagnetic emission reports and the
21
likelihood of co-locations and upgrades) and the reasons for
22
the selection of the site (including technical reports, projected
23
growth and assessment of other sites considered (if any)); and
24
(c) a complaints process providing owners and occupiers within
25
500 metres of a facility that will emit electromagnetic
26
radiation with the ability to make a complaint to the ACMA
27
in relation to any or all of the following:
28
(i) the location of the facility;
29
(ii) compliance with the Code of Practice;
30
(iii) compliance with any relevant industry standard;
31
and providing for any work relating to the installation of the
32
facility to be suspended until the complaint is resolved.
33
13 At the end of subclause 17(1) of Schedule 3
34
Schedule 1 Amendments
6 Telecommunications Amendment (Mobile Phone Towers) Bill 2011 No. , 2011
Add:
1
; and (c) if the activity relates to a facility in which electromagnetic
2
radiation will be transmitted beyond the boundary of the
3
land:
4
(i) the owner of any land within 500 metres of the facility;
5
and
6
(ii) if any land within 500 metres of the facility is occupied
7
by a person other than the owner of the land--the
8
occupier.
9
14 Subclause 17(4) of Schedule 3
10
Omit "10", substitute "30".
11
15 After paragraph 27(1)(d) of Schedule 3
12
Insert:
13
(da) the precautionary principle has been taken into account in
14
determining the site of the facility; and
15
16 At the end of subparagraph 27(1)(g)(ii) of Schedule 3
16
Add "and the ACMA certifies that no alternative site is technically
17
feasible".
18
17 After subparagraph 27(1)(g)(ii) of Schedule 3
19
Insert:
20
(iii) the facility is not within 200 metres of a community
21
sensitive site; and
22
18 After subclause 27(4) of Schedule 3
23
Insert:
24
(4A) The matter to which the ACMA must have regard in subclause (4)
25
does not include the revenue, profit, market share or any financial
26
interest of the carrier.
27
19 Subclause 27(9) of Schedule 3
28
Insert:
29
precautionary principle means that, if an activity may lead to
30
serious harm, lack of full scientific certainty should not be used as
31
a reason for postponing measures to prevent or diminish that harm.
32
Amendments Schedule 1
Telecommunications Amendment (Mobile Phone Towers) Bill 2011 No. , 2011 7
20 Subclause 35(1) of Schedule 3
1
Omit all the words after "or 26".
2
21 Division 7 of Part 1 of Schedule 3 (heading)
3
Repeal the heading, substitute:
4
Division 7--No exemption from State and Territory laws
5
22 Clause 36 of Schedule 3 (heading)
6
Repeal the heading, substitute:
7
36 Activities not exempt from State and Territory laws
8
23 Subclause 36(1) of Schedule 3
9
Omit "(1)".
10
24 Subclause 36(2) of Schedule 3
11
Repeal the subclause.
12
25 Clauses 37 and 38 of Schedule 3
13
Repeal the clauses.
14
26 At the end of paragraph 48(1)(b) of Schedule 3
15
Add ", including electromagnetic emissions exposure maps".
16
27 Paragraph 48(2)(b) of Schedule 3
17
After "carriers", insert ", other than matters relating to competition
18
between carriers".
19
28 At the end of subclause 48(2) of Schedule 3
20
Add:
21
(e) the public interest in a proper understanding of
22
electromagnetic radiation levels and the application of the
23
precautionary principle.
24
29 Subclause 48(5) of Schedule 3
25
Insert:
26
Schedule 1 Amendments
8 Telecommunications Amendment (Mobile Phone Towers) Bill 2011 No. , 2011
precautionary principle means that, if an activity may lead to
1
serious harm, lack of full scientific certainty should not be used as
2
a reason for postponing measures to prevent or diminish that harm.
3
30 After clause 48 of Schedule 3
4
Insert:
5
48A Local Telecommunications Network Plans
6
(1) A carrier must, within 3 months after the end of each financial
7
year, prepare a plan (a Local Telecommunications Network Plan)
8
detailing the carrier's proposed telecommunications network layout
9
for the next 5 years.
10
(2) A copy of the Local Telecommunications Network Plan must be
11
provided to the ACMA and relevant local government bodies.
12