Submarine Cable (Northern Sydney Protection Zone) Declaration 2007 (Cth)

Submarine Cable (Northern Sydney Protection Zone) Declaration 2007 Telecommunications Act 1997

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Declaration under subclause 4 (1) of Schedule 3A to the Telecommunications Act 1997.

Dated 6th July 2007

CHRIS CHAPMAN Chairman

LYN MADDOCK Deputy Chair

Australian Communications and Media Authority

Contents

1 Name of Declaration 2 Commencement 3 Definitions 4 Definition of line 5 Application of Declaration 6 Area of the Northern Sydney Protection Zone 7 Nominal location of submarine cables in the Northern Sydney Protection Zone 8 Prohibited activities in the Northern Sydney Protection Zone 9 Restricted activities in the Northern Sydney Protection Zone

1 Name of Declaration

This Declaration is the Submarine Cable (Northern Sydney Protection Zone) Declaration 2007.

2 Commencement

This Declaration commences on 1 October 2007.

3 Definitions

In this Declaration: abalone spatula means a device that: (a) has a blade that is broad, flat and flexible; and (b) is used to pry abalone from the seabed. ACMA means the Australian Communications and Media Authority. Act means the Telecommunications Act 1997. anchor chain assembly means a length of chain that connects an anchor with an anchor line. anchor line means a rope or chain used to suspend an anchor from a ship. Australia has the same meaning as in clause 2 of Schedule 3A to the Act. Australian waters has the meaning given by clause 2 of Schedule 3A to the Act. bar means the unit of measurement for ultrasonic pressure waves. beach safety meshing net has the meaning given by clause 42 of the Fisheries Management (General) Regulation 2002 (NSW) as in force when this instrument commenced. benthos means animals or plants that: (a) are sedentary; and (b) live on the seabed. branching unit means any part of a submarine cable that allows the cable to branch. breaking strain, in relation to an object, means the force required for an object to break. cable carrier, in relation to a submarine cable that is within the Northern Sydney Protection Zone, means: (a) if a submarine cable is a network unit — the carrier that owns or jointly owns the cable, or is named in a nominated carrier declaration that is in force in relation to the cable; or (b) if a submarine cable is not a network unit and was installed after the commencement of Schedule 3A of the Act — a carrier that held a protection zone installation permit under Schedule 3A to install the cable in the protection zone; or (c) in any other case — the carrier that owns, or jointly owns, a network unit that is immediately connected to the cable, or is named in a nominated carrier declaration in force in relation to that network unit. circle type hook means a circular fishing hook where the barb of the hook faces its shaft. civil engineering work includes: (a) planning, design, construction, maintenance, management and demolition of a fixed structure or public works; and (b) depositing sand in a place. conduct has the meaning given by clause 2 of Schedule 3A to the Act. dropline means a vertically‑set weighted fishing line with 6 or more hooks that is: (a) used or intended to be used in water; and (b) kept vertical by a float. electro‑optic devices means those electronic parts of a submarine cable that manage or re‑transmit communications along a line. equaliser means submerged electro‑optic devices that are installed at intervals along a submarine cable to boost signal transmission. explosive device does not include: (a) firearms of less than 20 millimetre calibre; or (b) firearms used or intended to be used for life saving or distress signalling purposes. grapnel means a grabbing device used, or intended to be used, to grab an item on the seabed. grid lines means the local pattern used to map the seabed with seismic survey equipment. installation has the same meaning as in clause 2 of Schedule 3A to the Act. J‑hook means a fishing hook where the barb of the hook is parallel to the shaft. longline means a fishing line with 6 or more hooks lying horizontally along or near the seabed. low water mark means the height of the lowest ebb tide. mainline means the principal fishing line used or intended to be used as, or as part of, a dropline, longline, setline or trotline. midwater trawl means trawl gear that is designed and rigged to work in mid‑water, including surface water. network unit has the meaning given by Division 2 of Part 2 of the Act. New South Wales means the State of New South Wales. nominal location means the nominal location of the Australian Japan Cable or Southern Cross Cable specified in section 7 of this Declaration. Northern Sydney Protection Zone means the protection zone that is declared by this Declaration. ocean disposal point means a point where specified material may be disposed and includes a point designated or declared by the Commonwealth or a State or Territory government to be a point where the disposal or abandonment of material is permitted (whether or not particular material is specified). pressure waves means controlled pulses of sound generated by seismic survey equipment. protection zone installation permit has the meaning given by clause 2 of Schedule 3A to the Act. repeater means a device used, or intended to be used, to enhance the signal along a submarine cable or part of a submarine cable. scuttle, in relation to a ship, means to deliberately sink a ship. seismic survey means any method of exploration for resources that: (a) involves the transmission of pressure waves into the seabed; and (b) requires the measurement of vibrations that occur because of those pressure waves. setline means a fishing line that has multiple snoods attached to a horizontal demersal‑set mainline. ship has the meaning given by clause 2 of Schedule 3A to the Act. shot means the weight attached to the end of a shotline. shotline means a weighted line that may be used to moor a ship. sliding ring anchor means an anchor that has an anchor line fitted to a ring that is designed to slide freely along the shank of the anchor. snood means any hook and fishing line that is connected, whether directly or indirectly and whether permanently or temporarily, to a mainline. spoil ground means an area where specified material may be disposed and includes an area designated or declared by the Commonwealth or a State or Territory government to be an area where the disposal or abandonment of specific material is permitted. submarine cable has the meaning given by clause 2 of Schedule 3A to the Act. submerged plant items, in relation to a submarine cable that is in the Northern Sydney Protection Zone, means electronic components of a submarine cable system that serve to manage, or intended to manage, the signal at intervals along the cable's route.