{"id":"F2007L02216","name":"Submarine Cable (Northern Sydney Protection Zone) Declaration 2007","slug":"submarine-cable-northern-sydney-protection-zone-declaration-2007","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436986,"registerId":"F2007L02216-fast-fetch-1775954029380","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Submarine Cable (Northern Sydney Protection Zone) Declaration 2007","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Submarine Cable (Northern Sydney Protection Zone) Declaration 2007\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\nSubmarine Cable (Northern Sydney Protection Zone) Declaration 2007\n\nTelecommunications Act 1997\n\nThe AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Declaration under subclause 4 (1) of Schedule 3A to the Telecommunications Act 1997.\n\nDated 6th July 2007\n\nCHRIS CHAPMAN\n\nChairman\n\n \n\n \n\nLYN MADDOCK\n\nDeputy Chair\n\n \n\nAustralian Communications and Media Authority\n\nContents\n\n 1 Name of Declaration \n\n 2 Commencement \n\n 3 Definitions \n\n 4 Definition of line\n\n 5 Application of Declaration \n\n 6 Area of the Northern Sydney Protection Zone \n\n 7 Nominal location of submarine cables in the Northern Sydney Protection Zone \n\n 8 Prohibited activities in the Northern Sydney Protection Zone \n\n 9 Restricted activities in the Northern Sydney Protection Zone \n\n \n\n \n\n \n\n \n\n1 Name of Declaration\n\n This Declaration is the Submarine Cable (Northern Sydney Protection Zone) Declaration 2007.\n\n2 Commencement\n\n This Declaration commences on 1 October 2007.\n\n3 Definitions\n\n In this Declaration:\n\nabalone spatula means a device that:\n\n (a) has a blade that is broad, flat and flexible; and\n\n (b) is used to pry abalone from the seabed.\n\nACMA means the Australian Communications and Media Authority.\n\nAct means the Telecommunications Act 1997.\n\nanchor chain assembly means a length of chain that connects an anchor with an anchor line.\n\nanchor line means a rope or chain used to suspend an anchor from a ship.\n\nAustralia has the same meaning as in clause 2 of Schedule 3A to the Act.\n\nAustralian waters has the meaning given by clause 2 of Schedule 3A to the Act.\n\nbar means the unit of measurement for ultrasonic pressure waves.\n\nbeach 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.\n\nbenthos means animals or plants that:\n\n (a) are sedentary; and\n\n (b) live on the seabed.\n\nbranching unit means any part of a submarine cable that allows the cable to branch.\n\nbreaking strain, in relation to an object, means the force required for an object to break.\n\ncable carrier, in relation to a submarine cable that is within the Northern Sydney Protection Zone, means:\n\n (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\n\n (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\n\n (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.\n\ncircle type hook means a circular fishing hook where the barb of the hook faces its shaft.\n\ncivil engineering work includes:\n\n (a) planning, design, construction, maintenance, management and demolition of a fixed structure or public works; and\n\n (b) depositing sand in a place.\n\nconduct has the meaning given by clause 2 of Schedule 3A to the Act.\n\ndropline means a vertically‑set weighted fishing line with 6 or more hooks that is:\n\n (a) used or intended to be used in water; and\n\n (b) kept vertical by a float.\n\nelectro‑optic devices means those electronic parts of a submarine cable that manage or re‑transmit communications along a line.\n\nequaliser means submerged electro‑optic devices that are installed at intervals along a submarine cable to boost signal transmission.\n\nexplosive device does not include:\n\n (a) firearms of less than 20 millimetre calibre; or\n\n (b) firearms used or intended to be used for life saving or distress signalling purposes.\n\ngrapnel means a grabbing device used, or intended to be used, to grab an item on the seabed.\n\ngrid lines means the local pattern used to map the seabed with seismic survey equipment.\n\ninstallation has the same meaning as in clause 2 of Schedule 3A to the Act.\n\nJ‑hook means a fishing hook where the barb of the hook is parallel to the shaft.\n\nlongline means a fishing line with 6 or more hooks lying horizontally along or near the seabed.\n\nlow water mark means the height of the lowest ebb tide.\n\nmainline means the principal fishing line used or intended to be used as, or as part of, a dropline, longline, setline or trotline.\n\nmidwater trawl means trawl gear that is designed and rigged to work in mid‑water, including surface water.\n\nnetwork unit has the meaning given by Division 2 of Part 2 of the Act.\n\nNew South Wales means the State of New South Wales.\n\nnominal location means the nominal location of the Australian Japan Cable or Southern Cross Cable specified in section 7 of this Declaration.\n\nNorthern Sydney Protection Zone means the protection zone that is declared by this Declaration.\n\nocean 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).\n\npressure waves means controlled pulses of sound generated by seismic survey equipment.\n\nprotection zone installation permit has the meaning given by clause 2 of Schedule 3A to the Act.\n\nrepeater means a device used, or intended to be used, to enhance the signal along a submarine cable or part of a submarine cable.\n\nscuttle, in relation to a ship, means to deliberately sink a ship.\n\nseismic survey means any method of exploration for resources that:\n\n (a) involves the transmission of pressure waves into the seabed; and\n\n (b) requires the measurement of vibrations that occur because of those pressure waves.\n\nsetline means a fishing line that has multiple snoods attached to a horizontal demersal‑set mainline.\n\nship has the meaning given by clause 2 of Schedule 3A to the Act.\n\nshot means the weight attached to the end of a shotline.\n\nshotline means a weighted line that may be used to moor a ship.\n\nsliding 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.\n\nsnood means any hook and fishing line that is connected, whether directly or indirectly and whether permanently or temporarily, to a mainline.\n\nspoil 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.\n\nsubmarine cable has the meaning given by clause 2 of Schedule 3A to the Act.\n\nsubmerged 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.\n\nExample\n\nRepeaters, equalisers and branching units are all submerged plant items.\n\ntrace means any fishing line used to attach a hook to a mainline.\n\ntrap rope means any rope used to suspend a pot or trap from a ship.\n\ntrip anchor means an anchor that is:\n\n (a) fitted with lugs at both ends of the shank; and\n\n (b) an anchor line or rope fitted securely to the front lug (located near the anchor prongs) and then tethered to the rear lug via a weak or ‘sacrificial’ link.\n\ntrip release mechanism, in relation to an anchor, means a device or system that, when fitted to an anchor, allows the anchor to be removed backwards from the seabed.\n\ntrotline means 2 or more droplines that are connected by horizontal mid‑water bars.\n\nNote Other terms in this Declaration have the meaning given by the Act.\n\n4 Definition of line\n\n In this Declaration, line has its ordinary meaning when used in relation to:\n\n (a) fishing; or\n\n (b) fishing operations; or\n\n (c) a shot line; or\n\n (d) anchors.\n\nNote Line is defined in section 7 of the Act.\n\n5 Application of Declaration\n\n This Declaration applies to the extent that it is consistent with Australia’s jurisdiction under international law.\n\n6 Area of the Northern Sydney Protection Zone\n\n For clause 9 of Schedule 3A to the Act the Northern Sydney Protection Zone is the area contained within and bounded by a notional line as follows:\n\n (a) the line commences at the mean low water mark of the coastline of New South Wales closest to 33 41 23.4 S 151 18 30.6 E(point number 1), and then running generally easterly along the geodesic line as described in table 1:\n\nTable 1\n\n| Point Number | Latitude | Longitude |\n| --- | --- | --- |\n| 2 | 33 41 39.9 S | 151 19 36.6 E |\n| 3 | 33 41 15.0 S | 151 20 36.6 E |\n| 4 | 33 41 13.4 S | 151 21 58.9 E |\n| 5 | 33 43 00.1 S | 151 26 32.2 E |\n| 6 | 33 43 07.5 S | 151 32 06.1 E |\n| 7 | 33 43 45.2 S | 152 01 09.0 E |\n| 8 | 33 44 04.0 S | 152 04 06.7 E |\n| 9 | 33 44 23.0 S | 152 07 54.5 E |\n\n\n (b) the line then runs generally south westerly along the geodesic line to the point of latitude 33 50 49.2 S 152 05 42.7 E (point number 10), and running generally westerly along geodesic lines as described in table 2:\n\nTable 2\n\n| Point Number | Latitude | Longitude |\n| --- | --- | --- |\n| 11 | 33 50 57.6 S | 152 04 06.1 E |\n| 12 | 33 50 29.6 S | 152 01 24.2 E |\n| 13 | 33 50 22.0 S | 151 57 46.4 E |\n| 14 | 33 49 21.2 S | 151 55 40.7 E |\n| 15 | 33 49 07.3 S | 151 55 09.8 E |\n| 16 | 33 49 04.7 S | 151 55 00.5 E |\n| 17 | 33 47 56.4 S | 151 44 44.0 E |\n| 18 | 33 47 10.4 S | 151 41 22.6 E |\n| 19 | 33 46 35.8 S | 151 33 46.6 E |\n| 20 | 33 45 10.0 S | 151 25 50.4 E |\n| 21 | 33 44 27.5 S | 151 24 46.5 E |\n| 22 | 33 44 05.3 S | 151 23 15.7 E |\n| 23 | 33 43 37.2 S | 151 21 03.2 E |\n| 24 | 33 44 00.0 S | 151 20 43.2 E |\n\n\n (c) the line then runs west along the parallel of 33 44 00.0 S to a point on the mean low water mark of the coastline of New South Wales close to 151 18 10.6 E (point number 25);\n\n (d) the line then runs generally northerly along the mean low water mark to point number 1.\n\nNote All coordinates in this Declaration are provided in the World Geodetic System 1984 which is identical to the Australian Geodetic Datum 1994 as described in the Commonwealth of Australia Gazette GN35 of 6 September 1995.\n\n7 Nominal location of submarine cables in the Northern Sydney Protection Zone\n\n (1) For clause 8 of Schedule 3A to the Act, the nominal location for the Australian Japan Cable in the Northern Sydney Protection Zone is a course that joins the coordinates in table 3 by the shortest route.\n\nTable 3 Australian Japan Cable\n\n| Point Number | Latitude | Longitude |\n| --- | --- | --- |\n| 1 | 33 43 21 S | 151° 18 25 E |\n| 2 | 33° 43 16 S | 151° 18 51 E |\n| 3 | 33° 43 31 S | 151° 19 32 E |\n| 4 | 33° 42 34 S | 151° 20 36 E |\n| 5 | 33° 42 32 S | 151° 20 46 E |\n| 6 | 33° 43 36 S | 151° 25 24 E |\n| 7 | 33° 44 18 S | 151° 26 27 E |\n| 8 | 33° 45 37 S | 151° 34 01 E |\n| 9 | 33° 46 11 S | 151° 41 37 E |\n| 10 | 33° 46 57 S | 151° 44 53 E |\n| 11 | 33° 48 06 S | 151° 55 16 E |\n| 12 | 33° 49 26 S | 151° 58 12 E |\n| 13 | 33° 49 30 S | 152° 01 35 E |\n| 14 | 33° 49 58 S | 152° 04 00 E |\n| 15 | 33° 49 49 S | 152° 05 35 E |\n| 16 | 33 48 02 S | 152 38 26 E |\n| 17 | 33 49 28 S | 153 01 43 E |\n| 18 | 30 20 02 S | 155 16 09 E |\n| 19 | 29 10 49 S | 156 20 06 E |\n| 20 | 25 30 18 S | 156 39 25 E |\n| 21 | 23 58 44 S | 158 03 19 E |\n\n\n (2) For clause 8 of Schedule 3A to the Act, the nominal location for the Southern Cross Cable in the Northern Sydney Protection Zone is a course that joins the coordinates in table 4 by the shortest route.\n\nTable 4 Southern Cross Cable\n\n| Point Number | Latitude | Longitude |\n| --- | --- | --- |\n| 1 | 33° 42 29 S | 151° 18 55 E |\n| 2 | 33° 42 51 S | 151° 19 33 E |\n| 3 | 33° 42 12 S | 151° 21 00 E |\n| 4 | 33° 42 12 S | 151° 21 45 E |\n| 5 | 33° 43 55 S | 151° 26 21 E |\n| 6 | 33° 44 02 S | 151° 28 01 E |\n| 7 | 33° 44 00 S | 151° 31 00 E |\n| 8 | 33° 44 08 S | 151° 32 00 E |\n| 9 | 33° 44 18 S | 151° 40 46 E |\n| 10 | 33° 44 45 S | 151° 01 00 E |\n| 11 | 33° 45 04 S | 152° 04 00 E |\n| 12 | 33° 45 12 S | 152° 06 41 E |\n| 13 | 33° 45 22 S | 152° 07 40 E |\n| 14 | 33 34 44 S | 153 26 41 E |\n| 15 | 31 09 59 S | 158 50 00 E |\n| 16 | 29 21 31 S | 162 49 38 E |\n| 17 | 28 49 28 S | 164 08 40 E |\n| 18 | 26 13 42 S | 170 00 23 E |\n\n\n8 Prohibited activities in the Northern Sydney Protection Zone\n\n (1) Subject to subsection (2), an activity mentioned in table 5 is prohibited in the Northern Sydney Protection Zone.\n\nTable 5 Prohibited activities in the Northern Sydney Protection Zone\n\n| Item | Prohibited activity |\n| --- | --- |\n| 1 | an activity mentioned in subparagraph 10 (4) (a) (i), (iv) or (viii) of Schedule 3A to the Act |\n| 2 | the use of any of the following:
(a) a mid‑water trawl;
(b) a type of net, rope, chain or other object used in fishing operations that is capable of contacting the seabed;
(c) demersal longline;
(d) a Danish seine;
(e) a Scottish seine. |\n| 3 | towing, operating or suspending from a ship an object used in an activity mentioned in item 1 or 2 |\n| 4 | scuttling or attempting to scuttle a ship |\n| 5 | establishing, maintaining or using a spoil ground or other ocean disposal point |\n\n\nNote For paragraph (c) in item 2 setlines and trotlines are examples of demersal longlines.\n\n (2) An activity described in paragraph 2 (b) of table 5 is not a prohibited activity for the purposes of this Declaration if the activity is:\n\n (a) carried out in the course of fishing operations; and\n\n (b) listed as a restricted activity in items 1 to 5 of table 6.\n\n9 Restricted activities in the Northern Sydney Protection Zone\n\n (1) An activity mentioned in an item in table 6 is restricted in the Northern Sydney Protection Zone, subject to an exception mentioned in the item.\n\nTable 6 Restricted activities in the Northern Sydney Protection Zone\n\n| Item | Activity | Restriction |\n| --- | --- | --- |\n| 1 | the use of a net anchored to the seabed | the activity must not occur in waters more than 500 metres from the low‑water mark |\n| 2 | the use of a pot or trap | the activity must not occur in waters more than 500 metres from the low‑water mark unless:
(a) the pot or trap consists of:
(i) a rectangular base or floor not exceeding 2 metres in length and 2 metres in width; or
(ii) a circular base or floor not exceeding 2 metres in diameter; and
(b) the trap rope has a breaking strain that does not exceed 850 kilograms and it is not composed of wire |\n| 3 | the use of a demersal dropline | the activity must not occur in waters more than 500 metres from the low‑water mark unless:
(a) only circle‑type hooks are used; and
(b) the demersal dropline has a breaking strain that does not exceed 850 kilograms; and
(c) the demersal dropline does not use a mainline, snoods or traces made with wire |\n| 4 | the use of a demersal fishing line containing J‑hooks | the activity must not occur in waters more than 500 metres from the low‑water mark unless the demersal fishing line has a breaking strain that does not exceed 50 kilograms |\n| 5 | the use of a grapnel | the activity must not occur in waters more than 500 metres from the low‑water mark unless it occurs in the course of any of the following:
(a) exploring for or exploiting resources (other than marine species) in accordance with item 12;
(b) installing, maintaining or removing an electricity cable, an oil or gas pipeline and any like cables or pipelines and any associated equipment in accordance with item 7;
(c) constructing or removing a navigational aid in accordance with item 10 or 13;
(d) constructing or removing an installation for the use of ships in accordance with item 9;
(e) conducting civil engineering work in accordance with item 13;
(f) conducting research that involves contact with the seabed in accordance with item 14 |\n| 6 | the towing, operating, or suspending from a ship of an object mentioned in items 1 to 5 of this table | the restriction specified in that item |\n| 7 | installing an electricity cable, an oil or gas pipeline, any like cables or pipelines, and any associated equipment | the activity must not occur unless:
(a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:
(i) the particulars of the activity to be undertaken; and
(ii) the location of the activity; and
(b) the entity responsible for the activity has:
(i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and
(ii) considered and responded to any reasonable representations made to it by a cable carrier in relation to the likelihood of damage, or an impediment, to the efficient operation, maintenance or repair of a submarine cable in the Northern Sydney Protection Zone; and
(c) the activity occurs in a manner that does not damage or impede the efficient operation maintenance, or repair of a submarine cable in the Northern Sydney Protection Zone; and
(d) the path across the Northern Sydney Protection Zone followed by the new cable or pipeline is minimised to the greatest extent practicable; and
(e) the new cable, pipeline or equipment does not approach or cross a submarine cable in the Northern Sydney Protection Zone less than 500 metres from the cable’s submerged plant items of that submarine cable (as determined following consultation with each cable carrier) |\n| 8 | maintaining or removing an electricity cable, an oil or gas pipeline, any like cables or pipelines, and any associated equipment | the activity must not occur unless:
(a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:
(i) the particulars of the activity to be undertaken; and
(ii) the location of the activity; and
(b) the entity responsible for the activity has:
(i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and
(ii) considered and responded to any reasonable representations made to it by a cable carrier in relation to the likelihood of damage, or an impediment, to the efficient operation, maintenance or repair of a submarine cable in the Northern Sydney Protection Zone; and
(c) the activity occurs in a manner that is not likely to damage or impede the efficient operation, maintenance, or repair of a submarine cable in the Northern Sydney Protection Zone |\n| 9 | constructing or removing an installation for the use of ships | the activity must not occur unless:
(a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:
(i) the particulars of the activity to be undertaken; and
(ii) the location of the activity; and
(b) the entity responsible for the activity has:
(i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and
(ii) considered and responded to any reasonable representations made to it by a cable carrier in relation to the likelihood of damage, or an impediment, to the efficient operation, maintenance or repair of a submarine cable in the Northern Sydney Protection Zone; and
(c) the activity occurs in a manner that is not likely to damage or impede the efficient operation, maintenance, or repair of a submarine cable in the Northern Sydney Protection Zone |\n| 10 | constructing navigational aids | the activity must not occur unless:
(a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:
(i) the particulars of the activity to be undertaken; and
(ii) the location of the activity; and
(b) the entity responsible for the activity has:
(i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and
(ii) considered and responded to any reasonable representations made to it by a cable carrier in relation to the likelihood of damage, or an impediment, to the efficient operation, maintenance or repair of a submarine cable in the Northern Sydney Protection Zone; and
(c) the activity occurs in a manner that is not likely to damage or impede the efficient operation, maintenance, or repair of a submarine cable in the Northern Sydney Protection Zone |\n| 11 | harvesting the benthos | the activity must not occur in waters more than 500 metres from the low‑water mark unless the activity is conducted by hand |\n| 12 | exploring for or exploiting resources (other than marine species) | the activity must not occur unless:
(a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:
(i) the particulars of the activity to be undertaken; and
(ii) the location of the activity; and
(iii) the expected commencement date and duration of the activities to be undertaken; and
(b) the entity responsible for the activity has:
(i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and
(ii) considered and responded to any reasonable representations made to it by a cable carrier in relation to the likelihood of damage, or an impediment, to the efficient operation, maintenance or repair of a submarine cable in the Northern Sydney Protection Zone; and
(c) the activity occurs in a manner that is not likely to damage or impede the efficient operation, maintenance or repair of a submarine cable in the Northern Sydney Protection Zone; and
(d) if a planned seismic survey would result in pressure waves of 2.0 bar or more arriving at the seabed in the location of any electro‑optic devices associated with a submarine cable, the entity conducting the seismic survey company adjusts the grid lines in order to reduce the pressure seen by the electro‑optic devices to less than 2.0 bar; and
(e) the activity, to the extent that it relates to exploiting resources, is not likely to involve physical contact with the seabed (other than in the installation of cables or pipelines in accordance with item 7) |\n| 13 | removing a navigational aid or conducting civil engineering work | the activity must not occur unless:
(a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:
(i) the particulars of the activity to be undertaken; and
(ii) the location of the activity; and
(b) the entity responsible for the activity has:
(i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and
(ii) considered and responded to any reasonable representations made to it by a cable carrier in relation to the likelihood of damage, or an impediment, to the efficient operation, maintenance or repair of a submarine cable in the Northern Sydney Protection Zone; and
(c) the activity occurs in a manner that is not likely to damage or impede the efficient operation, maintenance, or repair of a submarine cable in the Northern Sydney Protection Zone |\n| 14 | conducting research that involves contact with the seabed | the activity must not occur in waters more than 500 metres from the low‑water mark unless:
(a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:
(i) the particulars of the activity to be undertaken; and
(ii) the location of the activity; and
(b) the entity responsible for the activity has:
(i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and
(ii) considered and responded to any reasonable representations made to it by a cable carrier in relation to the likelihood of damage, or an impediment, to the efficient operation, maintenance or repair of a submarine cable in the Northern Sydney Protection Zone; and
(c) the activity occurs in a manner that is not likely to damage or impede the efficient operation, maintenance, or repair of a submarine cable in the Northern Sydney Protection Zone |\n| 15 | the use of an explosive or explosive device | the activity must not occur unless:
(a) the activity occurs in the course of exploring for or exploiting resources (other than marine species) in accordance with item 12; or
(b) the activity occurs in the course of constructing or removing a navigational aid, an installation for the use of ships, or conducting civil engineering work in accordance with item 9, 10 or 13; or
(c) the activity occurs in the course of an exercise conducted by or with the Australian Defence Force within a declared Firing Practice Area |\n| 16 | lowering, raising or suspending a shotline from a ship | the activity must not occur in waters more than 500 metres from the low‑water mark unless:
(a) the ship is operating in waters less than 100 metres deep; and
(b) the shot does not weigh more than 20 kilograms; and
(c) the shotline has a maximum breaking strain that does not exceed 850 kilograms |\n| 17 | lowering, raising or suspending an anchor from a ship | the activity must not occur in waters more than 500 metres from the low‑water mark unless:
(a) the ship is operating in waters less than 100 metres deep, and
(i) the ship’s anchor does not weigh more than 20 kilograms and is fitted with a trip release mechanism; and
(ii) the anchor line has a maximum breaking strain that does not exceed 850 kilograms at the point of attachment to the anchor or anchor chain assembly; or
(b) the anchor does not weigh more than 30 kilograms and the ship is anchored within 200 metres of a shipwreck site the coordinates of which are described in table 7 |\n\n\nNote 1 Items 1 to 6 and 11 to 17 of table 6 relate to paragraph 11 (3) (g) of Schedule 3A to the Act.\n\nNote 2 Items 7 and 8 of table 6 relate to paragraph 11 (3) (d) of Schedule 3A to the Act.\n\nNote 3 Item 9 of table 6 relates to paragraph 11 (3) (e) of Schedule 3A to the Act.\n\nNote 4 Item 10 of table 6 relates to paragraph 11 (3) (f) of Schedule 3A to the Act.\n\nExample 1\n\nIn relation to item 1 of table 6 a demersal gillnet and a beach safety meshing net (within the meaning given by clause 42 of the Fisheries Management (General) Regulation 2002 (NSW) as in force at the commencement of this Declaration) are nets that are anchored to the seabed.\n\nExample 2\n\nIn relation to item 11 of table 6 harvesting the benthos by hand includes the use of an abalone spatula.\n\nExample 3\n\nIn relation to item 12 of table 6 repeaters, equalisers and branching units are electro‑optic devices.\n\nExample 4\n\nIn relation to item 17 of table 6 a sliding ring anchor and a trip release anchor are anchors fitted with a trip release mechanism.\n\n (2) Table 7 sets out shipwreck coordinates for the purposes of the exception to the restriction in paragraph (b) in item 17 in table 6.\n\nTable 7 Coordinates for shipwreck sites in the Northern Sydney Protection Zone\n\n| Item | Latitude | Longitude |\n| --- | --- | --- |\n| 1 | 33 41 19.50 S | 151 21 43.26 E |\n| 2 | 33 42 53.04 S | 151 20 58.74 E |\n| 3 | 33 43 00.54 S | 151 20 53.64 E |\n| 4 | 33 43 01.86 S | 151 20 40.02 E |\n| 5 | 33 43 06.00 S | 151 20 59.76 E |\n| 6 | 33 43 06.00 S | 151 21 04.80 E |\n| 7 | 33 43 06.12 S | 151 20 59.76 E |\n| 8 | 33 43 09.84 S | 151 20 59.10 E |\n| 9 | 33 43 10.02 S | 151 20 59.10 E |\n| 10 | 33 43 10.44 S | 151 21 59.34 E |\n| 11 | 33 43 10.44 S | 151 21 01.20 E |\n| 12 | 33 43 16.50 S | 151 21 17.22 E |\n| 13 | 33 43 19.56 S | 151 21 21.12 E |\n| 14 | 33 43 23.02 S | 151 21 25.14 E |\n| 15 | 33 43 34.32 S | 151 21 03.90 E |\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Declaration applies the existing protection‑zone powers in Schedule 3A of the Telecommunications Act 1997 to a geographically specific area off northern Sydney. It does not expand the statutory power beyond its original purpose; rather it operationalises that power by (a) defining precise coordinates for the zone, (b) nominating nominal cable routes, and (c) setting tailored prohibitions, technical limits and procedural requirements for activities in that zone (notification timelines, gear limits, seismic pressure limits). In short, it is a location‑specific implementation of the Act’s protection‑zone framework rather than a substantive change of scope."},"complexity_factors":["Extensive definitions section with ~60 specific terms (clause 3)","Multiple cross‑references to Schedule 3A of the Telecommunications Act 1997 and to other instruments (e.g. Fisheries Management (General) Regulation 2002)","Detailed geodetic coordinate lists and multi‑point polygons defining the protection zone (clause 6, tables 1–2)","Two separate nominal cable routes with long coordinate tables (clause 7, tables 3–4)","Large restricted/prohibited activities table with many conditional exceptions and numeric thresholds (clauses 8–9, table 6)","Nested conditions and notification timelines (21‑day notice, 7‑day response) that create sequential compliance steps (table 6 items 7–14)","Multiple technical limits (500 m distance rule, breaking strain thresholds, weight caps, 2.0 bar seismic limit) increasing operational detail","Several discretionary phrases — e.g. “reasonable written request”, “not likely to damage or impede” — require interpretation case‑by‑case"],"plain_english_summary":"**What this instrument does (mechanics)**\n\n- Declares the “Northern Sydney Protection Zone” — a specific offshore area described by geographic coordinates — under powers in the Telecommunications Act 1997 (Schedule 3A). (see clause 6)\n- Identifies the nominal courses (map lines) for two submarine communication cables that run through that zone: the Australian Japan Cable and the Southern Cross Cable. (see clause 7)\n- Lists activities that are outright prohibited inside the zone (for example, certain types of trawling, seabed‑contacting fishing gear, scuttling ships, establishing spoil grounds). (see clause 8)\n- Lists a range of activities that are permitted only subject to restrictions or conditions — including distance limits from the low‑water mark, gear‑specifications (weights, breaking strains, hook types), and procedural requirements (pre‑activity notification and consultation with cable carriers). (see clause 9)\n- Requires operators of certain marine works (installing/maintaining cables or pipelines, civil engineering, resource exploration, constructing navigational aids or ship installations) to provide each cable carrier with particulars and location at least 21 days before the activity, to comply with reasonable written information requests within 7 days, and to consider and respond to cable carriers’ representations about likely damage or impediment to cable operation/maintenance/repair. (see items 7–14 in table 6)\n- Imposes technical limits for seismic surveys so that pressure waves arriving at electro‑optic devices associated with a cable do not exceed 2.0 bar (or the survey grid must be adjusted to achieve that). (see item 12 in table 6)\n- Notes that the Declaration only applies to the extent it is consistent with Australia’s international law jurisdiction. (see clause 5)\n\n**Who this affects**\n\n- Cable carriers and submarine cable operators: they receive formal protection and have a right to be notified and to make representations about proposed activities in the zone. (clauses 3 definition of cable carrier; table 6 items 7–14)\n- Commercial and recreational fishers: specified gear and fishing methods are prohibited or restricted (e.g. limits on use of seabed‑contacting nets, longlines, certain anchors, shotlines). Some fishing is permitted subject to gear modifications and distance limits (often 500 metres from low‑water mark). (see clauses 8–9)\n- Marine construction and maintenance firms, pipeline/electricity‑cable installers, and navigational‑aid installers/removers: subject to mandatory advance notice, consultation obligations and conditions aimed at preventing damage to submarine cables. (see table 6 items 7–10, 13)\n- Resource explorers (including seismic contractors): must avoid physical seabed contact (except when installing cables/pipelines per item 7), and must adjust survey grids where pressure would exceed 2.0 bar at electro‑optic devices. (see table 6 item 12)\n- Researchers conducting seabed contact activities and salvage/shipwreck operations: restricted by distance rules and advance notice/consultation requirements; some shipwreck‑related anchoring exceptions are provided. (see table 6 items 11, 14, 17 and table 7)\n- Australian Defence Force exercises have a limited carve‑out for explosives when conducted within declared firing practice areas. (see item 15)\n\n**Why it matters (practical effects and incentives)**\n\n- Primary effect: reduce risk of physical damage or operational interference to submarine communications cables in the named corridor by controlling activities that contact or disturb the seabed and by requiring consultation ahead of disruptive works. (mechanism: prohibitions, distance limits, equipment limits, advance notice and consultation — see clauses 8–9)\n- Who pays: direct compliance costs fall on the users of the sea — fishers (may need different gear or to avoid areas), marine contractors and resource explorers (must give notice, adapt plans, adjust seismic grids, limit seabed contact). Benefits are concentrated to cable carriers (reduced risk of outage and repair costs) and to national communications continuity. (see table 6 and clause 3 definitions)\n- Decision points: ACMA declares the zone; affected operators must supply information and respond to cable carrier requests; cable carriers can make representations that operators must consider. Many obligations are phrased as “reasonable” or require that activities be carried out in a way that is “not likely” to damage or impede cables — these create scope for case‑by‑case judgment and consultation rather than strict numerical suppression of all activities. (see table 6 items 7–14)\n\n**Trade‑offs, compliance burden and implementation risk**\n\n- Compliance burden: 21‑day pre‑notification for many classes of works and a 7‑day window to respond to information requests (table 6 items 7–14). Operators need to plan earlier and may need to adjust equipment or operational patterns (anchor weights, breaking‑strain limits, no wire traces, circle hooks, etc.). (see specific restrictions in table 6)\n- Enforcement and discretion: the Declaration relies on Schedule 3A enforcement provisions in the Telecommunications Act (not reproduced here). Terms such as “reasonable written request” and “not likely to damage or impede” create judgment calls that require ACMA (and possibly courts or administrative processes) to interpret in specific disputes. (see table 6)\n- Substitution effects: restricted fishers may move operations elsewhere or change gear types; seismic contractors may alter survey grids (increasing costs or changing data collection patterns); pipeline or cable installers may have to reroute to avoid approaching submerged plant items within 500 metres. (see table 6 item 7 and item 12)\n- Concentrated benefits vs diffuse costs: protective gains (to cable owners and users of communications services) are concentrated; costs (gear changes, planning time, possible displacement) are spread across many marine users.\n\n**Key numeric and technical limits to watch**\n\n- 500 metres from low‑water mark is a common distance limit for many restricted activities. (see table 6 items 1–6, 11–17)\n- Maximum breaking‑strain thresholds of 850 kilograms (many traps, anchors, shotlines, lines) and 50 kilograms for certain J‑hook demersal lines. (see table 6 items 2–4, 16–17)\n- Anchor weight caps (20 kg or 30 kg depending on exception) and requirements for trip‑release mechanisms in some circumstances. (see table 6 item 17)\n- Seismic survey pressure threshold of 2.0 bar at electro‑optic devices; survey grid must be adjusted if higher. (see table 6 item 12)\n- Procedural timing: 21 days’ advance notice to each cable carrier; 7 days to comply with reasonable requests for information. (see table 6 items 7–14)\n\n**Where the Declaration sits legally**\n\n- This instrument implements the protection‑zone powers in Schedule 3A to the Telecommunications Act 1997 by defining a specific protection zone, the nominal locations of cables in that zone, and the detailed prohibited and restricted activities that apply to protect submarine cables. It is expressly limited by Australia’s international law jurisdiction. (see clauses 5–7 and Schedule 3A cross‑references)\n\n"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of protecting submarine telecommunications cables in a specific geographic area. While highly detailed in its technical specifications for fishing gear and maritime equipment, this granularity serves the core protective function rather than expanding into unrelated policy areas."},"complexity_factors":["47 defined terms in section 3, many highly technical (e.g., 'electro-optic devices', 'benthos', 'trip anchor', 'breaking strain')","Extensive coordinate tables (Tables 1-7) defining precise geographic boundaries and cable routes using geodesic lines and WGS84 datum","Nested conditional logic in restrictions—e.g., item 17 has alternative compliance paths (17(a) vs 17(b)) with multiple sub-conditions each","Cross-references to parent Act (Telecommunications Act 1997, Schedule 3A) for fundamental concepts like 'conduct', 'installation', 'Australian waters'","Exception to exception structure: section 8(2) creates an exception to prohibited activities for fishing gear, but only if that gear appears in the restricted activities table (Table 6)","Variable distance thresholds (500 metres from low-water mark, 100 metres depth, 200 metres from shipwrecks, 850kg breaking strain) creating tiered regulatory zones","Multiple activity categories with similar but not identical consultation requirements (items 7-14 in Table 6 share 21-day notice structure but item 12 adds unique seismic survey pressure wave requirements)","Incorporation by reference to NSW fisheries regulations for 'beach safety meshing net' definition"],"plain_english_summary":"This law creates a Northern Sydney Protection Zone to shield the Australian Japan and Southern Cross submarine cables by banning high‑risk actions (e.g., scuttling, certain fishing gear, dump sites) and tightly restricting any anchoring, fishing, construction or explosive activities that could snag or damage cables. \n\nIt affects commercial fishers, ship operators, energy and telecom installers, and researchers by imposing gear, anchoring and notification requirements to prevent cable cuts that would disrupt Australia’s internet, communications and financial systems."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/submarine-cable-northern-sydney-protection-zone-declaration-2007","history":"/api/acts/submarine-cable-northern-sydney-protection-zone-declaration-2007/history","analysis":"/api/acts/submarine-cable-northern-sydney-protection-zone-declaration-2007/analysis","conflicts":"/api/acts/submarine-cable-northern-sydney-protection-zone-declaration-2007/conflicts","importantCases":"/api/acts/submarine-cable-northern-sydney-protection-zone-declaration-2007/important-cases","documents":"/api/acts/submarine-cable-northern-sydney-protection-zone-declaration-2007/documents"}}