Submarine Cable (Perth Protection Zone) Declaration 2007 (Cth)

Submarine Cable (Perth 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 24th September 2007

Lyn Maddock [signed] Member

Marcus Bezzi [signed] General Manager

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 Perth Protection Zone 7 Nominal location of the submarine cable in the Perth Protection Zone 8 8 Prohibited activities in the Perth Protection Zone 9 9 Restricted activities in the Perth Protection Zone

1 Name of Declaration

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

2 Commencement

This Declaration commences on 1 February 2008.

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 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. 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. branch line means a line used to attach fishing apparatus (for example, a pot or trap) to a mainline. breaking strain, in relation to an object, means the force required for the object to break. cable carrier, in relation to a submarine cable that is within the Perth 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. danforth anchor means a type of anchor that: (a) is characterised by having hinged flukes that dig into the ground as tension is placed on the anchor; and (b) does not have a stock. defence operation or practice has the same meaning as in Part XI of the Defence Force Regulations 1952. defence practice area has the same meaning as in Part XI of the Defence Force Regulations 1952. dropline means a vertically‑set weighted fishing line with 4 or more hooks, or 4 or more gangs of hooks, that is: (a) used or intended to be used in water; and (b) kept vertical by a float. dropper weight means the weight attached to the end of a dropline. 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 4 or more hooks, or 4 or more gangs of 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, trotline, or multiple pots or traps. mid‑water 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. nominal location means the nominal location of the SEA‑ME‑WE3 Cable specified in section 7 of 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). Perth Protection Zone means the protection zone that is declared by this Declaration. plough anchor means a type of anchor that is designed to bury itself into the ground by virtue of its plough shape.