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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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