{"id":"F2007L03914","name":"Submarine Cable (Perth Protection Zone) Declaration 2007","slug":"submarine-cable-perth-protection-zone-declaration-2007","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":437012,"registerId":"F2007L03914-fast-fetch-1775954043737","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Submarine Cable (Perth Protection Zone) Declaration 2007","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\nSubmarine Cable (Perth 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 24th September 2007\n\nLyn Maddock [signed] Member\n\nMarcus Bezzi [signed] General Manager\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 Perth Protection Zone \n\n 7 Nominal location of the submarine cable in the Perth Protection Zone 8\n\n 8 Prohibited activities in the Perth Protection Zone 9\n\n 9 Restricted activities in the Perth Protection Zone \n\n \n\n \n\n \n\n \n\n1 Name of Declaration\n\n This Declaration is the Submarine Cable (Perth Protection Zone) Declaration 2007.\n\n2 Commencement\n\n This Declaration commences on 1 February 2008.\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 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\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\nbranch line means a line used to attach fishing apparatus (for example, a pot or trap) to a mainline.\n\nbreaking strain, in relation to an object, means the force required for the object to break.\n\ncable carrier, in relation to a submarine cable that is within the Perth 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\ndanforth anchor means a type of anchor that:\n\n (a) is characterised by having hinged flukes that dig into the ground as tension is placed on the anchor; and\n\n (b) does not have a stock.\n\ndefence operation or practice has the same meaning as in Part XI of the Defence Force Regulations 1952.\n\ndefence practice area has the same meaning as in Part XI of the Defence Force Regulations 1952.\n\ndropline means a vertically‑set weighted fishing line with 4 or more hooks, or 4 or more gangs of hooks, that is:\n\n (a) used or intended to be used in water; and\n\n (b) kept vertical by a float.\n\ndropper weight means the weight attached to the end of a dropline.\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 4 or more hooks, or 4 or more gangs of 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, trotline, or multiple pots or traps.\n\nmid‑water 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\nnominal location means the nominal location of the SEA‑ME‑WE3 Cable specified in section 7 of 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\nPerth Protection Zone means the protection zone that is declared by this Declaration.\n\nplough anchor means a type of anchor that is designed to bury itself into the ground by virtue of its plough shape.\n\nNote A plough anchor is also referred to as a coastal quick release (CQR) anchor.\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\nreef pick anchor means a type of anchor characterised by having thin pliable prongs that straighten when an excessive load is applied.\n\nNote A reef pick anchor is also referred to as a reef anchor.\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\nSEA‑ME‑WE3 means the South East Asia, Middle East and Western Europe submarine cable 3.\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 Perth 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:\n\n (a) is fitted with lugs at both ends of the shank; and\n\n (b) has 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\nWestern Australia means the State of Western Australia.\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 Perth Protection Zone\n\n For clause 9 of Schedule 3A to the Act the Perth 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 Western Australia closest to 31 56 30.3 S 115 45 14.3 E(point number 1), and then running generally westerly along the geodesic line as described in table 1:\n\nTable 1\n\n| Point Number | Latitude | Longitude |\n| --- | --- | --- |\n| 2 | 31 56 09.7 S | 115 43 54.2 E |\n| 3 | 31 54 47.6 S | 115 42 03.3 E |\n| 4 | 31 54 39.4 S | 115 41 47.8 E |\n| 5 | 31 53 50.6 S | 115 40 11.4 E |\n| 6 | 31 52 35.7 S | 115 39 31.2 E |\n| 7 | 31 48 59.9 S | 115 39 06.3 E |\n| 8 | 31 48 47.7 S | 115 38 42.5 E |\n| 9 | 31 48 53.7 S | 115 30 12.8 E |\n| 10 | 31 49 47.1 S | 115 26 57.7 E |\n| 11 | 31 50 00.5 S | 115 26 14.7 E |\n| 12 | 31 50 17.2 S | 115 25 44.9 E |\n| 13 | 31 50 15.2 S | 115 24 39.0 E |\n| 14 | 31 49 59.1 S | 115 12 03.4 E |\n| 15 | 31 45 20.5 S | 114 58 16.3 E |\n| 16 | 31 45 02.6 S | 114 56 59.7 E |\n| 17 | 31 44 11.8 S | 114 52 52.8 E |\n| 18 | 31 43 35.2 S | 114 49 42.8 E |\n| 19 | 31 42 59.9 S | 114 42 46.9 E |\n| 20 | 31 43 00.8 S | 114 34 46.2 E |\n\n\n (b) the line then runs generally northerly along the geodesic line to 31 41 00.6 S 114 34 46.0 E (point number 21), and running generally easterly along geodesic lines as described in table 2:\n\nTable 2\n\n| Point Number | Latitude | Longitude |\n| --- | --- | --- |\n| 22 | 31 41 00.0 S | 114 42 56.6 E |\n| 23 | 31 41 37.1 S | 114 50 09.5 E |\n| 24 | 31 43 06.3 S | 114 57 35.5 E |\n| 25 | 31 47 59.3 S | 115 12 20.5 E |\n| 26 | 31 48 18.5 S | 115 24 00.3 E |\n| 27 | 31 48 15.6 S | 115 25 03.1 E |\n| 28 | 31 47 33.5 S | 115 28 00.8 E |\n| 29 | 31 46 53.5 S | 115 30 00.3 E |\n| 30 | 31 47 00.1 S | 115 34 11.8 E |\n| 31 | 31 46 59.5 S | 115 35 35.7 E |\n| 32 | 31 46 47.8 S | 115 39 13.8 E |\n| 33 | 31 47 19.6 S | 115 40 24.2 E |\n| 34 | 31 52 33.6 S | 115 41 46.3 E |\n| 35 | 31 53 08.1 S | 115 43 22.9 E |\n| 36 | 31 54 18.9 S | 115 44 54.0 E |\n| 37 | 31 54 26.0 S | 115 45 06.2 E |\n\n\n (c) the line then runs along the geodesic line to the point on the mean low‑water mark of the coastline of Western Australia closest to the point 31 54 28.2 S 115 45 18.2 E (point number 38);\n\n (d) the line then runs generally southerly 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\n\n7 Nominal location of the submarine cable in the Perth Protection Zone\n\n For clause 8 of Schedule 3A to the Act, the nominal location for the SEA‑ME‑WE3 Cable in the Perth Protection Zone is a course that joins the coordinates in table 3 by the shortest route.\n\nTable 3 SEA‑ME‑WE3 Cable\n\n| Point Number | Latitude | Longitude |\n| --- | --- | --- |\n| 1 | 31 55 24 S | 115° 44 46 E |\n| 2 | 31° 55 20 S | 115° 44 34 E |\n| 3 | 31° 54 42 S | 115° 43 40 E |\n| 4 | 31° 53 59 S | 115° 42 46 E |\n| 5 | 31° 53 45 S | 115° 42 19 E |\n| 6 | 31° 53 35 S | 115° 41 42 E |\n| 7 | 31° 53 29 S | 115° 41 27 E |\n| 8 | 31° 53 07 S | 115° 41 00 E |\n| 9 | 31° 52 56 S | 115° 40 54 E |\n| 10 | 31° 52 30 S | 115° 40 41 E |\n| 11 | 31° 48 20 S | 115° 40 11 E |\n| 12 | 31° 47 47 S | 115° 39 01 E |\n| 13 | 31° 47 49 S | 115° 36 30 E |\n| 14 | 31° 48 00 S | 115° 35 47 E |\n| 15 | 31° 47 54 S | 115° 30 01 E |\n| 16 | 31 49 16 S | 115 24 50 E |\n| 17 | 31 48 59 S | 115 12 06 E |\n| 18 | 31 44 23 S | 114 58 39 E |\n| 19 | 31 42 36 S | 114 49 54 E |\n| 20 | 31 42 00 S | 114 42 50 E |\n| 21 | 31 42 01 S | 114 34 46 E |\n| 22 | 31 31 15 S | 113 45 50 E |\n| 23 | 31 14 36 S | 112 59 58 E |\n| 24 | 28 00 39 S | 109 51 24 E |\n| 25 | 13 20 59 S | 104 18 12 E |\n| 26 | 08 49 00 S | 103 24 00 E |\n\n\n8 Prohibited activities in the Perth Protection Zone\n\n (1) Subject to subsection (2), an activity mentioned in table 4 is prohibited in the Perth Protection Zone.\n\nTable 4 Prohibited activities in the Perth 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) a 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 4 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 5.\n\n9 Restricted activities in the Perth Protection Zone\n\n An activity mentioned in an item in table 5 is restricted in the Perth Protection Zone, subject to an exception mentioned in the item.\n\nTable 5 Restricted activities in the Perth Protection Zone\n\n| Item | Activity | Restriction |\n| --- | --- | --- |\n| 1 | The use of a demersal gillnet | 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) each line used in the fishing operation has a breaking strain that does not exceed 2.7 tonne; and
(c) no anchors or external weights are used with the gillnet; and
(d) fishing gear is retrieved vertically from the seabed to the greatest extent practicable |\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) for a single pot or single trap:
(i) it is fixed to a single mainline; and
(ii) it consists of:
(A) a rectangular base or floor not exceeding 2 metres in length and 2 metres in width; or
(B) a circular base or floor not exceeding 2 metres in diameter; and
(iii) the trap rope:
(A) has a breaking strain that does not exceed 2.7 tonne; and
(B) is not composed of wire; or
(b) for multiple pots or multiple traps:
(i) they are fixed to a single mainline; and
(ii) the dry weight of each pot or trap does not exceed 15 kilograms; and
(iii) each branch line has a breaking strain that does not exceed 500 kilograms; and
(iv) the mainline:
(A) has a breaking strain that does not exceed 2.7 tonne; and
(B) 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 2.7 tonne; and
(c) the demersal dropline does not use a mainline, snood, trace or branch line made with wire; and
(d) each branch line has a breaking strain that does not exceed 500 kilograms; and
(e) the dropper weight does not exceed 15 kilograms |\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
(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 Perth 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 Perth Protection Zone; and
(d) the path across the Perth 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 Perth Protection Zone less than 500 metres from the 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
(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 Perth 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 Perth 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
(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 Perth 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 Perth 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
(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 Perth 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 Perth 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 Perth 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 Perth 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
(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 Perth 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 Perth 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
(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 Perth 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 Perth 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 a defence operation or practice conducted by or with the Australian Defence Force within a declared defence 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 2.7 tonne |\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
(b) the ship’s anchor is fitted with a trip release mechanism; and
(c) the anchor line has a maximum breaking strain that does not exceed 1090 kilograms; and
(d) the ship is using:
(i) a danforth anchor, or a SARC anchor (also known as a sand and reef combination anchor), that weighs less than 15 kilograms; or
(ii) a plough anchor, or reef pick anchor, that weighs less than 25 kilograms |\n\n\nExample 1\n\nIn relation to item 11 of table 5 harvesting the benthos by hand includes the use of an abalone spatula.\n\nExample 2\n\nIn relation to item 12 of table 5 repeaters, equalisers and branching units are electro‑optic devices.\n\nExample 3\n\nIn relation to item 17 of table 5 a sliding ring anchor and a trip release anchor are anchors fitted with a trip release mechanism.\n\n\nNote 1 For item 1 (c) of table 5, external weights do not include lead‑cored rope.\n\nNote 2 Items 1 to 6 and 11 to 17 of table 5 relate to paragraph 11 (3) (g) of Schedule 3A to the Act.\n\nNote 3 Items 7 and 8 of table 5 relate to paragraph 11 (3) (d) of Schedule 3A to the Act.\n\nNote 4 Item 9 of table 5 relates to paragraph 11 (3) (e) of Schedule 3A to the Act.\n\nNote 5 Item 10 of table 5 relates to paragraph 11 (3) (f) of Schedule 3A to the Act.\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose under Schedule 3A of the Telecommunications Act 1997. It establishes a protection zone for a specific submarine cable (SEA-ME-WE3) with detailed operational rules. While highly specific in its technical requirements, this granularity serves the core purpose of cable protection rather than expanding beyond it. The detailed fishing gear specifications, anchor types, and consultation requirements are all directly related to preventing cable damage."},"complexity_factors":["47 defined terms in the interpretation section (section 3), many highly technical (e.g., 'electro-optic devices', 'benthos', 'danforth anchor', 'trip release mechanism')","Extensive cross-referencing to Schedule 3A of the Telecommunications Act 1997 (the enabling legislation)","Nested conditional logic in Table 5 (restricted activities) with multiple sub-conditions (e.g., item 2 has alternative compliance paths (a) or (b), each with multiple sub-requirements)","Geographic precision requiring 38 coordinate points to define the zone boundary and 26 points for the cable location, using geodesic lines and specific datum references","Dual-layer regulatory structure: some activities prohibited absolutely, others restricted conditionally, with exceptions to prohibitions (section 8(2) creates an exception to the prohibition in Table 4, item 2)","Multiple stakeholder consultation requirements with 21-day notice periods and 7-day response deadlines for cable carriers","Technical specifications throughout (breaking strains in tonnes/kilograms, depth limits in metres, pressure wave measurements in bars, anchor weight limits)","Overlap between prohibited and restricted categories requiring careful parsing (e.g., grapnels prohibited in some contexts but allowed in others via item 5 exceptions)"],"plain_english_summary":"This law establishes a Perth Protection Zone offshore to safeguard the SEA-ME-WE3 submarine communications cable by banning high-risk seabed activities and imposing restrictions and safety conditions on other uses. \n\nIt affects fishermen, cable owners, shipping, oil and gas operators, researchers and defence forces by requiring consultation and precautions to prevent cable damage—protecting vital international internet connectivity while allowing managed marine activity."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Declaration is narrowly focused on protecting the SEA‑ME‑WE3 submarine cable within a specified Perth Protection Zone. Its provisions (geographic boundary, nominal cable route, list of prohibited activities, detailed restricted‑activity conditions, and notification/consultation requirements) implement the protection objective available under Schedule 3A of the Telecommunications Act 1997. The instrument does not significantly broaden the policy beyond that original purpose: it does not create unrelated new powers, nor does it extend to other infrastructure or a materially larger set of activities outside the protection objective. The principal changes introduced are operational details (precise coordinates, technical thresholds and procedural timelines) rather than a substantive expansion of scope."},"complexity_factors":["Over 40 defined terms in section 3 (technical gear, anchor and cable‑component definitions)","Three coordinate tables: boundary (section 6, tables 1–2) and nominal cable route (section 7, table 3)","Extensive cross‑references to Schedule 3A of the Telecommunications Act 1997 and to Act definitions (multiple clauses)","Two-tiered regulatory structure: prohibited activities (section 8) and 17 restricted activity items with nested sub‑conditions (section 9)","Numerous numeric thresholds and technical limits (500 metres, 100 metres depth, 2.7 tonne, 500 kg, 2.0 bar, 21 days, 7 days, 1090 kg, 20 kg, etc.)","Notification and consultation regime with fixed timeframes (21 days’ prior notice; 7‑day response requirement)","Multiple conditional exceptions and cross‑linking between items (e.g. some activities allowed only in conjunction with others; restricted‑unless structure)","Specialised technical references (electro‑optic devices, repeaters, equalisers, seismic pressure measurements) that require operational data to apply","Geographic and technical precision increases administrability but raises implementation complexity (mapping submerged plant items vs nominal route)"],"plain_english_summary":"**What this instrument does (mechanics)**\n\n- Declares a maritime protection zone off the coast of Perth called the Perth Protection Zone and gives it precise coordinates (see section 6). \n- Identifies the nominal route of the SEA‑ME‑WE3 submarine cable inside that zone (see section 7). \n- Lists activities that are outright prohibited inside the zone (section 8, e.g. certain types of fishing gear that contact the seabed, scuttling a ship, establishing spoil grounds). \n- Lists activities that are restricted rather than prohibited, and for each sets conditions under which the activity may occur (section 9, items 1–17). Restrictions include distance limits (commonly 500 metres from the low‑water mark), equipment strength limits (e.g. breaking strain limits such as 2.7 tonne), weight limits (e.g. anchors, shots), and method limits (e.g. only circle hooks allowed for some droplines). \n- Creates a notification and consultation requirement for a range of seabed‑oriented commercial activities (installing/maintaining pipelines or cables, exploration/exploitation, navigational aids, civil engineering, research). An entity must generally give each cable carrier at least 21 days’ notice and respond to reasonable information requests within 7 days; activities must be carried out so as not to damage or impede cable operation, maintenance or repair (see section 9, items 7–14). \n- Declares that the instrument applies only to the extent consistent with Australia’s international law jurisdiction (section 5). \n\n**Who this affects**\n\n- Owners and operators of the SEA‑ME‑WE3 submarine cable and other cable carriers (the Declaration defines “cable carrier” and gives them consultative rights; see section 3 definitions and sections 7–9). \n- Commercial fishers and recreational fishers using gear that might contact the seabed (nets, demersal longlines, pots/traps, droplines, gillnets) — the instrument either prohibits those gears in parts of the zone or permits them only subject to gear and deployment limits (section 8–9). \n- Shipping operators and masters who anchor or tow gear in the zone (anchor types, trip release requirements, and weight/strain limits appear in section 9). \n- Companies planning seabed works: cable/pipeline installers, oil and gas or mineral explorers, dredgers, and marine‑construction contractors (they face notification, consultation and avoidance requirements — section 9 items 7–13). \n- Researchers conducting seabed contact research (subject to notification and conduct conditions — section 9, item 14). \n- Defence activity: explosive devices and other defence activities are dealt with by exception where activities take place in declared defence practice areas (section 9, item 15). \n\n**Why it matters (stated purpose and practical effect)**\n\n- The explicit purpose in the instrument is to protect the physical integrity and the efficient operation, maintenance and repair of a submarine cable (SEA‑ME‑WE3) in the defined Perth Protection Zone (sections 6–7, 8–9). \n- Mechanically, the Declaration reduces the risk of cable damage by: (a) banning the riskiest seabed‑contact activities, (b) limiting how and where other seabed‑contact activities may be carried out, and (c) requiring advance notice and consultation with cable carriers before many seabed operations commence (sections 8–9). \n\n**Costs, incentives, trade‑offs and implementation points to watch**\n\n- Who pays: private operators who must change behaviour bear most direct costs. Examples: fishers may need to avoid parts of the zone or replace heavier gear with lower‑breaking‑strain gear; pipeline or cable installers and resource exploration companies may need to alter routes, delay works to meet the 21‑day notice window, or invest in mitigation measures to meet the ‘‘not likely to damage’’ tests (see s9 items 1–4, 7–13). \n- Who decides: the primary operational decision rests with private operators (fishers, contractors, ship masters) who must comply. Cable carriers receive advance notice and a defined opportunity to request information and make representations; the instrument does not itself set out a new administrative veto but requires entities to consider and respond to cable carriers’ reasonable representations (s9 items 7–14). \n- Compliance burden and timelines: several restricted activities require at least 21 days’ prior notice to each cable carrier, and require the entity to comply with reasonable written requests for information within 7 days (s9 items 7–14). Those timings create scheduling and administrative overhead for commercial operators. \n- Technical thresholds create bright‑line operational rules (e.g. 500 metre distance limit from low‑water mark for many activities; breaking strain caps such as 2.7 tonne; seismic pressure limit 2.0 bar at electro‑optic devices) which simplify enforcement but may force substitution or operational redesign (s9, multiple items). \n- Concentrated benefit / diffuse cost: benefits (reduced risk of cable breaks and associated restoration costs) are concentrated on cable carriers and downstream communications users; costs (gear changes, route planning, possible loss of fishing grounds or delays) are borne by fishers, installers, explorers and researchers operating in the zone. The instrument explicitly grants cable carriers consultative rights (s3 definition; s9). \n- Implementation risk: the protection relies on (a) accurate mapping of the cable’s submerged plant items and nominal route (s7), (b) timely and effective notification by third parties, and (c) active engagement by cable carriers. Uncertainty about exact locations or about whether a planned activity will “impede” cable maintenance may produce disputes or cautious behaviour (i.e. delays or rerouting). \n- Market effects: restrictions limit some fishing methods and may reduce accessible area for certain fishing operations or seabed commercial works; that can raise costs and reduce productivity for those operators. For cable carriers, the rules reduce operational risk and therefore lower expected repair costs and outage risk; that benefit may translate into greater reliability of communications services. \n\n**Key legal design features to note**\n\n- Extensive definitions in section 3 give precise meanings to gears, anchors and cable components; those definitions govern whether an activity is prohibited or merely restricted (see s3). \n- The instrument cross‑references Schedule 3A of the Telecommunications Act 1997 and applies only to the extent consistent with international law (s5). \n- Clear numeric thresholds and procedural timelines are used rather than open‑ended standards for many items (s9). \n\n**Short practical checklist for an operator planning work in the area**\n\n- Check whether your activity falls within the geographic coordinates in section 6. \n- If it does, identify whether the activity is prohibited (s8) or restricted (s9). \n- If restricted, verify whether you meet the numeric and equipment limits or must provide 21 days’ notice and respond to cable carrier requests within 7 days (s9 items 7–14). \n- If in doubt about the location of submerged plant items, consult the cable carrier early; ambiguous cases are likely to cause delays if not resolved in advance.\n\n(Primary provisions cited: declarations of area and coordinates — s6; nominal cable route — s7; prohibited activities — s8; restricted activities, numeric and procedural conditions — s9; definitions and interpretion — s3; application subject to international law — s5.)"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/submarine-cable-perth-protection-zone-declaration-2007","history":"/api/acts/submarine-cable-perth-protection-zone-declaration-2007/history","analysis":"/api/acts/submarine-cable-perth-protection-zone-declaration-2007/analysis","conflicts":"/api/acts/submarine-cable-perth-protection-zone-declaration-2007/conflicts","importantCases":"/api/acts/submarine-cable-perth-protection-zone-declaration-2007/important-cases","documents":"/api/acts/submarine-cable-perth-protection-zone-declaration-2007/documents"}}