This Licence Area Plan, made under the Broadcasting Services Act 1992, specifies which national, commercial and community radio services may operate in the Gympie/Noosa licence areas, listing frequencies, service licence numbers, transmitter specification references and the geographic licence areas. It affects existing broadcasters and anyone applying for a licence: the ABA allocates spectrum and sets technical conditions, while broadcasters and applicants carry the technical, interference and compliance risks (the plan includes an explicit disclaimer and requires applicants to obtain technical advice).
This instrument is a Licence Area Plan (LAP) for radio broadcasting in the Gympie area of Queensland made under the Broadcasting Services Act 1992, described in the document as "Licence Area Plan - Gympie Radio - December 2000" and recorded as a Determination of the Australian Broadcasting Authority (ABA) on 21 December 2000 (Determination, para (1)). The plan identifies which classes of broadcasting services are to be made available in specified geographic licence areas, and records the particular channel/frequency allocations, associated service licence numbers (where applicable), and transmitter technical specification identifiers. The compilation header records that the Australian Communications and Media Authority (ACMA) prepared a consolidated version on 10 July 2013, taking into account amendments up to "Licence Area Plan - Gympie Radio - Variation No. 1 of 2008."
Mechanically, the instrument:
Declares the availability of services in the Gympie licence areas (Determination, paras (2)-(4)). It directs that, in the area described at Attachment 1.1, five national radio broadcasting services and two commercial radio broadcasting services are to be available using the broadcasting services bands (Determination, para (2)). It also declares one community radio broadcasting service in the area described at Attachment 2.1 and another community service in the area described at Attachment 3.1 (Determination, paras (3)-(4)).
Sets out the specific frequencies/channels, service licence numbers (SL numbers), transmitter specification numbers (TS numbers) and the area served in Schedules One, Two and Three. For example, Schedule One (Licence Area GYMPIE RA1) lists national services on 1566 kHz and FM frequencies 93.7, 95.3, 96.9 and 94.5 MHz (TS numbers provided), and commercial services on 558 kHz (SL4175), 96.1 MHz (SL10327) and 107.1 MHz (SL4175) with transmitter specification numbers (Schedule One table). Schedule Two (Licence Area GYMPIE RA2) lists a community service on 91.5 MHz (SL1150117) and Schedule Three (NOOSA RA2) lists a community service on 101.3 MHz (SL1150115).
Current sections
Direct links to the current provisions in Licence Area Plan - Gympie Radio - December 2000.
6
LICENCE AREA PLAN
LICENCE AREA PLAN
LICENCE AREA PLAN
GYMPIE RADIO
DECEMBER 2000
Made under the
Broadcasting Services Act 1992
This compilation was prepared by the Australian Communications and Media Authority on 10 July 2013 taking into account amendments up to Licence Area Plan – Gympie Radio – Variation No. 1 of 2008.
LICENCE AREA PLAN – GYMPIE RADIO – DECEMBER 2000
DETERMINATION
(1) The Australian Broadcasting Authority hereby makes this plan for broadcasting services in the Gympie area of Queensland, under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Five national radio broadcasting services and two commercial radio broadcasting services are to be available in the area described at Attachment 1.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 - 1.9 to this Determination.
(3) One community radio broadcasting service is to be available in the area described at Attachment 2.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachment 2.2 to this Determination.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this Determination.
(5) A reference in this determination to a schedule or an attachment includes a reference to a schedule or attachment as amended from time to time.
(Determined by the Australian Broadcasting Authority on 21 December 2000)
Schedule One
Licence Area Plan : Gympie Radio - February 2008
Licence Area : GYMPIE RA1
Service Category
Channel/ Frequency
Service Licence No
Transmitter Specification No
Attach No
Area Served
National
1566 kHz
N/A
TS4033001
1.2
Gympie
National
93.7 MHz
N/A
TS4861001
1.3
Gympie
National
95.3 MHz
N/A
TS4236002
1.4
Gympie
National
96.9 MHz
N/A
TS4859001
1.5
Gympie
Commercial
558 kHz
SL4175
TS4175001
1.6
Gympie
Commercial
96.1 MHz
SL10327
TS1131517
1.7
Gympie
Commercial
107.1 MHz
SL4175
TS1132363
1.8
Noosa/Tewantin
National
94.5 MHz
N/A
TS6367001
1.9
Gympie
SCHEDULE TWO
Licence Area Plan : Gympie Radio – December 2000
Licence Area : GYMPIE RA2
Service Category
Frequency
Service Licence No
Technical Specification No
Attach No
Area Served
Community
91.5 MHz
SL1150117
TS10009965
2.2
Gympie
SCHEDULE THREE
Licence Area Plan : Gympie Radio – December 2000
Licence Area : NOOSA RA2
Service Category
Frequency
Service Licence No
Technical Specification No
Attach No
Area Served
Community
101.3 MHz
SL1150115
TS10008222
3.2
Noosa /Tewantin
DISCLAIMER:
The availability of frequency capacity in the Gympie is, to a large extent, based on theoretical interference predictions. Predictions by their very nature are subject to some degree of uncertainty given limitations of topography and other data.
The Australian Broadcasting Authority (ABA) takes reasonable care in assigning frequencies, but cannot warrant that licensed use of a broadcasting facility will be free from (or will not cause) interference. Any such interference can vary in extent and can originate within Australia or overseas.
Prospective applicants for licences should obtain independent technical or specialist advice concerning their applications, the operation of broadcasting equipment, and any other matters relevant to the operation of transmitters and services under the licences in question.
Existing broadcasters should take all reasonable steps to be satisfied that their frequency will operate at the prescribed levels before making changes to its existing technical operating conditions.
Aspirant broadcasters should take all reasonable steps to be satisfied that their frequency of interest will operate at the prescribed levels before competing for spectrum availability.
No liability is or will be accepted by the Minister for Communications, Information Technology and the Arts, the ABA, the Commonwealth of Australia, or its officers, servants or agents for the licensed use of a broadcasting facility which is not free from (or causes) interference.
Attachment 1.1
Licence Area - GYMPIE RA1 Licence Area ID - 449
Commercial Radio Service Licence numbers: SL4175, SL10327
The licence area, in terms of areas defined by the Australian Bureau of Statistics at the Census of 5 August 2001, is:
GYMPIE RADIO
GYMPIE RADIO
GYMPIE RADIO
DECEMBER 2000
DECEMBER 2000
DECEMBER 2000
Made under the
Broadcasting Services Act 1992
This compilation was prepared by the Australian Communications and Media Authority on 10 July 2013 taking into account amendments up to Licence Area Plan – Gympie Radio – Variation No. 1 of 2008.
LICENCE AREA PLAN – GYMPIE RADIO – DECEMBER 2000
DETERMINATION
(1) The Australian Broadcasting Authority hereby makes this plan for broadcasting services in the Gympie area of Queensland, under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Five national radio broadcasting services and two commercial radio broadcasting services are to be available in the area described at Attachment 1.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 - 1.9 to this Determination.
(3) One community radio broadcasting service is to be available in the area described at Attachment 2.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachment 2.2 to this Determination.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this Determination.
(5) A reference in this determination to a schedule or an attachment includes a reference to a schedule or attachment as amended from time to time.
(Determined by the Australian Broadcasting Authority on 21 December 2000)
Schedule One
Licence Area Plan : Gympie Radio - February 2008
Licence Area : GYMPIE RA1
Service Category
Channel/ Frequency
Service Licence No
Transmitter Specification No
Attach No
Area Served
National
1566 kHz
N/A
TS4033001
1.2
Gympie
National
93.7 MHz
N/A
TS4861001
1.3
Gympie
National
95.3 MHz
N/A
TS4236002
1.4
Gympie
National
96.9 MHz
N/A
TS4859001
1.5
Gympie
Commercial
558 kHz
SL4175
TS4175001
1.6
Gympie
Commercial
96.1 MHz
SL10327
TS1131517
1.7
Gympie
Commercial
107.1 MHz
SL4175
TS1132363
1.8
Noosa/Tewantin
National
94.5 MHz
N/A
TS6367001
1.9
Gympie
SCHEDULE TWO
Licence Area Plan : Gympie Radio – December 2000
Licence Area : GYMPIE RA2
Service Category
Frequency
Service Licence No
Technical Specification No
Attach No
Area Served
Community
91.5 MHz
SL1150117
TS10009965
2.2
Gympie
SCHEDULE THREE
Licence Area Plan : Gympie Radio – December 2000
Licence Area : NOOSA RA2
Service Category
Frequency
Service Licence No
Technical Specification No
Attach No
Area Served
Community
101.3 MHz
SL1150115
TS10008222
3.2
Noosa /Tewantin
DISCLAIMER:
The availability of frequency capacity in the Gympie is, to a large extent, based on theoretical interference predictions. Predictions by their very nature are subject to some degree of uncertainty given limitations of topography and other data.
The Australian Broadcasting Authority (ABA) takes reasonable care in assigning frequencies, but cannot warrant that licensed use of a broadcasting facility will be free from (or will not cause) interference. Any such interference can vary in extent and can originate within Australia or overseas.
Prospective applicants for licences should obtain independent technical or specialist advice concerning their applications, the operation of broadcasting equipment, and any other matters relevant to the operation of transmitters and services under the licences in question.
Existing broadcasters should take all reasonable steps to be satisfied that their frequency will operate at the prescribed levels before making changes to its existing technical operating conditions.
Aspirant broadcasters should take all reasonable steps to be satisfied that their frequency of interest will operate at the prescribed levels before competing for spectrum availability.
No liability is or will be accepted by the Minister for Communications, Information Technology and the Arts, the ABA, the Commonwealth of Australia, or its officers, servants or agents for the licensed use of a broadcasting facility which is not free from (or causes) interference.
Attachment 1.1
Licence Area - GYMPIE RA1 Licence Area ID - 449
Commercial Radio Service Licence numbers: SL4175, SL10327
The licence area, in terms of areas defined by the Australian Bureau of Statistics at the Census of 5 August 2001, is:
Note 1
Note 1
Note 1
The Licence Area Plan - Gympie Radio – December 2000 (in force under the Broadcasting Services Act 1992) as shown in this compilation comprises the principal instrument amended as indicated in the Tables below.
Table of Instruments
Table of Instruments
Table of Instruments
Year
Date of notificationin Gazette or registration
Date ofcommencement
Application, saving ortransitional provisions
Licence Area Plan – Gympie Radio – December 2000
10/01/2001F2005B00760
10/01/2001
Licence Area Plan – Gympie Radio – Variation – November 2001
05/12/2001F2005B00761
05/12/2001
Licence Area Plan – Gympie Radio – Variation No. 1 of 2008
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
LICENCE AREA PLAN LICENCE AREA PLAN
LICENCE AREA PLAN
GYMPIE RADIO
DECEMBER 2000
Made under the
Broadcasting Services Act 1992
This compilation was prepared by the Australian Communications and Media Authority on 10 July 2013 taking into account amendments up to Licence Area Plan – Gympie Radio – Variation No. 1 of 2008.
LICENCE AREA PLAN – GYMPIE RADIO – DECEMBER 2000
DETERMINATION
(1) The Australian Broadcasting Authority hereby makes this plan for broadcasting services in the Gympie area of Queensland, under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Five national radio broadcasting services and two commercial radio broadcasting services are to be available in the area described at Attachment 1.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 - 1.9 to this Determination.
(3) One community radio broadcasting service is to be available in the area described at Attachment 2.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachment 2.2 to this Determination.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this Determination.
(5) A reference in this determination to a schedule or an attachment includes a reference to a schedule or attachment as amended from time to time.
(Determined by the Australian Broadcasting Authority on 21 December 2000)
Schedule One
Licence Area Plan : Gympie Radio - February 2008
Licence Area : GYMPIE RA1
Service Category
Channel/ Frequency
Service Licence No
Transmitter Specification No
Attach No
Area Served
National
Incorporates attachments and technical specifications as part of the plan (Determination, para (2) and para (5)). Schedules and attachments are explicitly incorporated and may be amended from time to time (Determination, para (5)).
Includes administrative metadata showing the plan’s notification and commencement dates, and the history of variations (Table of Instruments: initial plan notified 10/01/2001 and commenced 10/01/2001; Variation November 2001 notified 05/12/2001 and commenced 05/12/2001; Variation No.1 of 2008 notified 06/03/2008 and commenced 07/03/2008).
Carries a technical disclaimer that the availability of frequency capacity is based largely on theoretical interference predictions, and that the ABA (and Minister and Commonwealth) accept no liability for interference, explicitly advising prospective applicants and existing broadcasters to obtain independent technical advice and to verify operation against prescribed technical operating conditions (Disclaimer section).
The instrument is administrative rather than legislative in the sense that it operates under the Broadcasting Services Act 1992. It does not itself contain civil or criminal penalty provisions, nor does it set licence fees or detailed licensing procedures in the text provided. It functions as a record of allocation and technical specification references that determine which radio services are "to be available" within the named licence areas and which frequencies and technical specifications are associated with those services.
Main concepts
The plan rests on a small set of administrative and technical concepts repeated across the document. Each is explicit in the text and structures the plan’s practical effect.
Determination under the Broadcasting Services Act 1992: The plan is made by the ABA under subsection 26(1) of the Broadcasting Services Act 1992 (Determination, para (1)). That statutory source establishes the procedural and legal framework for making licence area plans; the plan itself does not reproduce the Act but relies on it for legal authority.
Licence area and licence area IDs: The plan identifies discrete licence areas by name and ID: GYMPIE RA1 (Licence Area ID 449), GYMPIE RA2, and NOOSA RA2. These areas are defined by reference to Australian Bureau of Statistics areas at the 2001 Census (Attachment 1.1), rather than by map coordinates in the text provided. The plan therefore ties geographic scope to ABS statistical areas as at a stated census date.
Service categories: The plan distinguishes national, commercial and community radio broadcasting services. Each table entry in Schedules One to Three tags a service with its category and links it to a frequency and technical specification. For example, Schedule One lists "National" services (various frequencies) and "Commercial" services with specific SL numbers (e.g. SL4175, SL10327).
Channel/frequency and transmitter technical specification: Each service entry pairs a frequency (or AM kHz channel) with a transmitter specification number (TS numbers, e.g. TS4033001, TS1131517), which are referenced as the technical specification for operation. The plan therefore separates licensing (service / SL number) from technical operational parameters (TS number).
Service licence numbers (SL numbers): Where a service is already the subject of a service licence, the plan records the SL number (for example SL4175 appears in Schedule One for 558 kHz and 107.1 MHz). The presence of SL numbers indicates that some allocations correspond to existing licensed services.
Attachments and amendments: The plan expressly incorporates attachments and allows reference to a schedule or attachment as including any future amendments (Determination, para (5)). The Table of Instruments and Table of Amendments document the chronology and list which clauses, schedules and attachments were added, amended, repealed or substituted by later variations (Table of Instruments; Table of Amendments).
Interference predictions and uncertainty: The disclaimer identifies "theoretical interference predictions" as the basis for frequency availability and records that there is an inherent uncertainty due to limitations in topography and other data. It also notes that interference can originate within Australia or overseas and that the ABA cannot warrant interference-free operation.
Administrative compilation: The front matter identifies that ACMA prepared the compilation on 10 July 2013, taking into account amendments up to Variation No.1 of 2008. That shows the document is a consolidated administrative compilation rather than the primary original instrument text; attachments and schedules have been changed over time as recorded in the Tables.
These concepts combine to create an administrative rulebook for what frequencies and service categories are to be available within the listed licence areas, and they set a chain of identifiers (SL and TS numbers) that link planning decisions to licensing and technical specifications handled elsewhere in the regulatory system.
Who it affects
The plan identifies several concrete parties and categories of affected stakeholders, and it implies practical effects for them.
Existing licensed broadcasters: The plan lists service licence numbers (SL4175, SL10327, SL1150117, SL1150115) and transmitter technical specification numbers (TS numbers) associated with frequencies. Those identifiers correspond to existing licensed services or technical authorisations and are material to incumbent broadcasters. Incumbent broadcasters are directly affected because the plan records the frequencies and TS numbers that govern permitted operation in the Gympie and Noosa/Tewantin areas (Schedule One, Schedules Two and Three).
Prospective and aspirant broadcasters: The plan explicitly addresses "prospective applicants" and "aspirant broadcasters" in the disclaimer, advising them to obtain independent technical or specialist advice about applications, transmitting equipment and any other matters relevant to operation under the licences. The plan therefore affects market entrants by indicating which frequencies exist and warning about interference risk and uncertainty.
Equipment and technical service providers: The transmitter specification numbers (TS identifiers) and the plan’s note that technical operation must conform to prescribed levels mean that equipment suppliers, RF engineers and contractors are affected because they must ensure transmitters can meet the TS specifications referenced in the plan (Schedules and Disclaimer).
Regulatory agencies and officials: The ABA is the decision-maker that "makes this plan" (Determination, para (1)), the Minister for Communications, Information Technology and the Arts is named in the disclaimer as a party disavowing liability, and ACMA is the body that compiled the document in 2013. These bodies are the administrative actors having authority and record-keeping roles.
Signal reception and local audiences: By designating frequencies as "available" to certain areas, the plan affects which services the local population can receive and from which transmitters. Although the plan does not specify content or programming obligations, it impacts the supply of radio services (national, commercial and community) that the local audience can access on the labelled frequencies.
Potential overseas signal sources: The disclaimer draws attention to possible interference originating overseas. This affects technical planning for broadcasters and regulators because cross-border interference is a recognised risk to the operational utility of a frequency allocation.
Commercial parties with spatial interests: Businesses considering advertising, local content production, or partnerships with a broadcaster will face the market restrictions the plan imposes by specifying which licences and frequencies are available locally. The plan’s specification of commercial versus community slots has implications for how commercial activity can be structured locally.
Who pays: the instrument lists SL numbers and TS numbers but does not specify fees, charges, or who pays what. The text does not set licence fees or transactional costs. It does, however, implicitly allocate frequency capacity,market actors who wish to operate on listed frequencies must engage with licensing and technical compliance processes referenced by SL and TS identifiers, and the disclaimer advises them to incur independent technical advisory costs. The plan itself does not impose monetary penalties or fees in its text.
Who decides: the ABA made the plan (Determination, para (1)), and attachments and schedules are part of the plan subject to amendment (Determination, para (5)). The ACMA later compiled the instrument. The Table of Instruments shows that the plan was varied in November 2001 and again in March 2008 (Variation No.1 of 2008), indicating administrative discretion to amend allocations.
Behaviour changes: incumbents are required to ensure their transmitters operate within the TS parameters before making changes; aspirant broadcasters are advised to independently verify frequency viability before competing; all parties are put on notice that interference predictions are theoretical and that they bear the cost and risk of technical verification (Disclaimer).
Key duties and rights
The plan is primarily declaratory as to availability of services and the technical parameters that should govern them. It does not recite wide-ranging statutory duties or grant novel rights beyond the operational allocation. Still, the document creates discrete practical duties and rights by reference.
Duties explicitly stated in the text:
Duty to obtain independent technical advice: The disclaimer directs "Prospective applicants for licences should obtain independent technical or specialist advice concerning their applications, the operation of broadcasting equipment, and any other matters relevant to the operation of transmitters and services under the licences in question." This is phrased as advisory but is a clear compliance expectation set by the plan.
Duty for existing broadcasters to verify technical operation: The disclaimer instructs existing broadcasters to "take all reasonable steps to be satisfied that their frequency will operate at the prescribed levels before making changes to its existing technical operating conditions." That creates a concrete operational duty to verify compliance with prescribed levels prior to technical change.
Duty for aspirant broadcasters to verify frequency function: The disclaimer similarly instructs aspirant broadcasters to "take all reasonable steps to be satisfied that their frequency of interest will operate at the prescribed levels before competing for spectrum availability," placing a due-diligence expectation on market entrants.
Duty to observe incorporated technical specifications: The plan lists transmitter specification numbers (TS numbers) alongside frequencies. While the plan does not reproduce the TS content, the inclusion of a TS number implies that the technical specification is an operative part of the regulatory framework to which broadcasters must conform if they operate on that frequency.
Rights or entitlements implicit in the text:
Right to be "available" as a service category: The Determination declares that specific services (national, commercial, community) "are to be available" in the identified licence areas (Determination, paras (2)-(4)). That creates an administrative entitlement for those service categories to be planned into the area, though the plan does not itself produce a licence , the right to be available must be operationalised through service licences and transmitter approvals referenced by SL and TS numbers.
Right to rely on recorded SL and TS identifiers for regulatory clarity: The plan records service licence numbers for some frequencies (e.g. SL4175 for 558 kHz). Those recorded identifiers assist licence-holders in demonstrating whether a given frequency allocation corresponds to an existing service licence.
Duties and rights not established in the text:
The plan does not set specific obligations about content, advertising, local content quotas, or licence fees, nor does it contain penalty provisions. It also does not itself grant a broadcasting licence; that is managed elsewhere in the licensing regime. The plan’s scope is therefore allocation and technical specification reference rather than comprehensive licencing terms.
Decision-making and amendment powers:
The plan expressly allows schedules and attachments to be amended from time to time (Determination, para (5)), so the ABA retains discretion to alter the particulars of availability and technical specifications. The Table of Instruments demonstrates that the plan has previously been varied, confirming this mechanism.
Document hierarchy:
The plan and its attachments operate in combination: a reference in the determination to a schedule or an attachment includes a reference to a schedule or attachment as amended (Determination, para (5)). Practically, the operative duties and rights for a broadcaster will be derived from the combination of the schedule entry and the referenced TS and SL documents.
Penalties and enforcement
The Licence Area Plan as provided does not itself set out penalty provisions, sanctions or enforcement mechanisms within its text. The instrument is an administrative Determination made under the Broadcasting Services Act 1992 and therefore sits inside a broader statutory regulatory regime where enforcement and penalties would be governed by the Act and associated instruments. The text contains only the following enforcement-relevant features:
Absence of internal penalties: Nowhere in the plan or its schedules are civil or criminal penalties specified. The plan lists allocations, SL numbers and TS numbers and issues operational guidance and disclaimers, but it does not purport to impose standalone statutory penalties.
Reliance on external statute for enforcement: Because the plan is made under the Broadcasting Services Act 1992, enforcement regarding unauthorised operation, breaches of technical specifications, or contraventions of licence conditions will be resolved under that Act and other rules (the Act itself is not reproduced in the supplied text).
Administrative compliance expectations: The plan imposes non-statutory compliance expectations, for example that existing broadcasters "take all reasonable steps" to verify frequency operation at prescribed levels before changing technical conditions. These expectations, while expressed in the plan, would likely translate into compliance considerations under the licensing regime administered by the ABA/ACMA.
Liability disclaimer: The disclaimer explicitly states that "No liability is or will be accepted by the Minister for Communications, Information Technology and the Arts, the ABA, the Commonwealth of Australia, or its officers, servants or agents for the licensed use of a broadcasting facility which is not free from (or causes) interference." That is an administrative limitation on the government’s liability and signals that affected parties bear operational risks themselves.
Practical enforcement link via TS numbers: The transmitter specification numbers (TS identifiers) provide the linkage to enforceable technical parameters. Although the text does not reproduce the TS details, those TS documents are the likely point at which operational limits (power, antenna parameters, radiation patterns) are specified and enforceable by the regulator. The plan therefore functions as an index linking a frequency to a TS document which the regulator can enforce.
Implementation and risk in enforcement:
Because the plan relies on theoretical interference predictions and explicitly accepts uncertainty, enforcement in practice may involve dispute resolution about whether a licence-holder complied with TS parameters or whether interference is material. The plan’s disclaimer that it cannot warrant interference-free operation means that enforcement outcomes may not translate into clear-cut remedies for affected broadcasters.
The plan indicates that amendments have been made over time (Table of Instruments; Table of Amendments). Enforcement in changing regulatory environments can raise transitional and saving-rule issues; the plan records some amendment history but does not include transitional provisions in the text supplied.
Summary: enforcement and penalties are handled outside the plan’s text, within the statutory regime under the Broadcasting Services Act 1992 and the associated SL/TS documents. The plan functions as a technical and allocation record and provides compliance expectations and a liability disclaimer, but it does not itself set or list enforceable penalties.
How it interacts with other laws
The plan’s operation is explicitly tied to the Broadcasting Services Act 1992. The Determination states that it is made "under subsection 26(1) of the Broadcasting Services Act 1992" (Determination, para (1)), and thus its legal validity and effect derive from that statutory provision. The plan interacts with other legal instruments and administrative documents in the following ways, as shown in the text:
Broadcasting Services Act 1992: The plan is made under s 26(1) and therefore must be read in the context of the obligations, powers, procedural requirements and enforcement provisions contained in the Act. The plan does not reproduce the Act’s provisions, but its status as a determination places it within that statutory architecture.
Service licences and transmitter technical specifications: The plan records service licence numbers (SL numbers) and transmitter specification numbers (TS numbers). SL and TS documents are separate instruments in the regulatory system. That separation means the plan is a co-ordinating instrument: it allocates frequencies and points to the specific SL and TS documents that set licence terms and technical parameters. For example, Schedule One links 558 kHz to SL4175 and TS4175001.
Attachments and Schedules as part of the instrument: The plan explicitly incorporates schedules and attachments and allows for those to be amended (Determination, para (5)). When an attachment or schedule is amended, the change alters the plan’s practical content. The tables at the end of the document record the history of such amendments (Table of Instruments; Table of Amendments), and the document notes that a reference to a schedule or attachment includes any amended version.
Administrative law principles and discretion: The ABA’s power to make and amend licence area plans is an administrative power. Decisions to allocate frequencies, to record SL numbers, and to set TS numbers will be subject to the usual administrative law constraints (natural justice, reasonableness and statutory limits) as derived from the Broadcasting Services Act 1992 and general public law, though those principles are not reproduced in the plan text.
Liability and tort: The disclaimer expressly denies liability by the Minister, the ABA, and the Commonwealth for interference originating in or affecting licensed use. This is an administrative statement about waiving public law or statutory liability; private law remedies may still exist between private parties affected by interference, but the plan itself does not create or extinguish those rights. The text does not address interactions with general tort law or property law, and does not preclude private legal actions; it simply sets an administrative stance on liability.
International obligations: The disclaimer notes interference "can originate within Australia or overseas," signalling that cross-border spectrum coordination or international frequency management (for example, through ITU frameworks) could be relevant to operational outcomes. The plan does not specify how international agreements are to be incorporated, but the acknowledgement of overseas interference shows the plan does not operate in an isolation from cross-border spectrum issues.
Census geography and statistical references: The plan defines licence areas by reference to Australian Bureau of Statistics areas at the 2001 Census (Attachment 1.1). That ties the plan’s territorial definition to another legal-administrative dataset. Changes in ABS geographic boundaries over time could interact with the plan’s geographic scope, which is why the plan references a specific census date.
What the plan does not do in relation to other laws:
It does not purport to amend or override the Broadcasting Services Act 1992. It is an instrument made under that Act. It does not set licence fees, criminal sanctions, or content obligations; those matters are handled in other parts of the statutory or administrative regime and are not reproduced here.
It does not substitute for the SL or TS documents: it indexes them and references them but does not contain their full operational terms.
In short, the plan is a statutory administrative instrument that interacts with the Broadcasting Services Act 1992 and with separate SL and TS documents, and it references ABS geographic delineations and the potential for international interference. Its practical operation therefore requires cross-reference to those other legal and technical instruments to determine full legal effect.
Amendment history
The compilation includes a recorded amendment history and a table of instruments. The relevant details in the text are as follows:
Initial Determination and commencement: The Licence Area Plan - Gympie Radio - December 2000 is recorded in the Table of Instruments as having been notified in the Gazette or registered on 10/01/2001 (reference F2005B00760) and commencing 10/01/2001.
Variation - November 2001: The plan was varied by an instrument described as "Licence Area Plan - Gympie Radio - Variation - November 2001," notified 05/12/2001 (F2005B00761) and commencing 05/12/2001.
Variation No.1 of 2008: The plan was varied again by "Licence Area Plan - Gympie Radio - Variation No. 1 of 2008," notified 06/03/2008 (F2008L00658) and commencing 07/03/2008. The front matter notes that the ACMA compilation (10 July 2013) takes into account amendments up to this Variation No.1 of 2008.
The Table of Amendments (included as HTML in the compilation) records specific clause-level effects and schedule/attachment changes attributed to the 2008 variation. The tabulated summaries indicate:
Clause (1) was amended by Variation No.1 of 2008.
Clause (2) amended by No.1 of 2008.
Clause (3) amended by No.1 of 2008.
Clause (4) amended by No.1 of 2008.
Clause (5) was added by No.1 of 2008 (noted as "ad. No.1 of 2008").
Heading and explanatory text were repealed by No.1 of 2008 ("rep. No. 1 of 2008").
Schedules and attachments saw several changes: Schedule One was repealed and substituted in Nov 2001 ("rs. Nov 2001") and again repealed and substituted by No.1 of 2008; Schedule Two and Schedule Three were amended by No.1 of 2008; various attachments (1.1, 1.7, 1.8, 1.9, 2.1, 3.1) are shown as having been either added, amended or repealed by the 2001 and 2008 instruments (entries such as "rs. No. 1 of 2008," "ad. Nov 2001; rs. No.1 of 2008," etc.).
The table includes shorthand keys: "ad." = added/inserted; "am." = amended; "rep." = repealed; "rs." = repealed and substituted. The plan therefore has a documented amendment trail that recorded deletions, substitutions and additions in 2001 and 2008. The compilation itself is dated 10 July 2013 and declares it takes into account the Variation No.1 of 2008.
Operational implication of the amendment history:
Because the plan explicitly includes schedules and attachments as potentially amended and because the Table of Amendments records that multiple parts were repealed and substituted, any user of the plan must check the current schedule and attachments (and the TS and SL documents referred to) to confirm the operative allocations and technical specifications.
The recorded amendments suggest that frequency allocations, SL numbers and TS references have been altered at least twice since the original 2000 Determination. Users should therefore treat the plan as a living administrative document rather than a static, single-date allocation.
Litigation history
The document supplied contains no record of litigation. There are no court cases, tribunal decisions, or judicial interpretations cited or reproduced in the text. The compilation identifies administrative actions (the original Determination and subsequent variations) and records amendment metadata, but it contains no references to legal proceedings, disputes adjudicated in court, or case law involving the plan or the specific frequencies or licence numbers listed.
What the text does provide that is relevant to dispute risk:
The substantive disclaimer acknowledges uncertainty in interference prediction and disclaims liability by the ABA, the Minister and the Commonwealth (Disclaimer). That administrative denial of liability is a factual record of the regulator’s position but is not itself a legal determination about parties’ rights or remedies in litigation.
The plan’s reliance on external TS and SL instruments suggests that any compliance or interference dispute would be litigated or otherwise resolved with reference to those instruments and the Broadcasting Services Act 1992, rather than the plan alone.
Practical effect for counsel or compliance officers:
Because the compilation does not include litigation references, legal research on disputes over these allocations will require searching external legal databases, tribunal records and administrative law decisions concerning the ABA/ACMA or specific SL/TS numbers. The plan itself does not summarise or cite such litigation.
In short, the supplied plan contains no litigation history and does not record any adjudicated disputes or court interpretations.
Gotchas
The plan contains several practical pitfalls and friction points that users should note because they create operational, commercial and legal uncertainty.
Frequency availability is modelled, not guaranteed
The plan’s disclaimer states that "The availability of frequency capacity in the Gympie is, to a large extent, based on theoretical interference predictions" and that "Predictions by their very nature are subject to some degree of uncertainty given limitations of topography and other data." This means the nominal allocation of a frequency in the plan is contingent on model results that may not reflect real-world terrain, clutter, or cross-border effects. Users must not treat table entries as guarantees of interference-free operation.
No government warranty, and an explicit no-liability posture
The ABA, the Minister and the Commonwealth expressly "cannot warrant that licensed use of a broadcasting facility will be free from (or will not cause) interference" and accept "No liability" for licensed use causing or suffering interference. That administrative stance shifts operational risk to licence-holders and applicants and may limit regulatory remedies.
Technical obligations are split across documents
The plan lists TS numbers but does not reproduce TS documents. That means to understand permitted transmitter power, antenna patterns or protected contours, one must fetch the TS documents referenced by the TS numbers (e.g. TS4175001, TS1131517). Failure to consult the TS documents is a common operational error.
Amendments and repeals change the map unexpectedly
The Table of Amendments shows clauses, schedules and attachments have been amended, repealed and substituted over time (notably in Nov 2001 and Mar 2008). Relying on an outdated version can lead to business or technical missteps. Practitioners must confirm they are using the version current at the time of action.
Geographic definitions tied to a specific census
The plan defines licence areas "in terms of areas defined by the Australian Bureau of Statistics at the Census of 5 August 2001" (Attachment 1.1). If ABS geographies change, there may be ambiguity about current boundaries unless one checks the appropriate ABS census definition referenced.
SL numbers do not equate to fee or regulatory clarity in this document
The plan records SL numbers, but it does not set out licence terms or financial obligations. Users may assume that the presence of an SL number implies rights or obligations beyond mere identification; they must consult the underlying SL document for full licence terms.
Cross-jurisdictional interference risk
The disclaimer warns that interference can originate overseas. International coordination issues may complicate spectrum planning and may require engagement with ITU or other cross-border mechanisms not described in the plan.
Ambiguity about who bears costs
The plan advises obtaining independent technical advice and checking frequency operation, effectively imposing due-diligence costs on applicants. The plan does not allocate costs or specify funding or compensation mechanisms if predicted frequency availability proves invalid.
Embedded technical identifiers may be opaque
TS and SL numbers are machine-like identifiers. To operationalise the plan you need access to the content attached to those identifiers; failure to retrieve the corresponding documents is a practical gotcha.
Compilation vs original instrument
The front matter shows this is an ACMA compilation (10 July 2013) taking into account amendments up to 2008. Users should confirm whether later variations exist beyond 2008; the plan itself does not show post-2008 amendment activity.
These are not rhetorical warnings; they follow from the plan’s text and the explicit disclaimer and amendment table. Each creates a concrete compliance or commercial consequence for broadcasters, applicants, and technical advisers.
How to comply
The plan itself imposes minimal prescriptive duties but places clear expectations on technical verification and reference to related documents. Compliance requires both documentary and technical steps:
Confirm the operative version of the plan
Check ACMA’s current register for the latest consolidated LAP and confirm whether any variations were made after Variation No.1 of 2008. The compilation header states the document takes account of amendments up to Variation No.1 of 2008, but later changes may have occurred. Use the Table of Instruments and Table of Amendments as a starting point, but verify the current status with ACMA.
Identify the applicable licence area and relevant schedule
Determine whether your proposed operation falls in GYMPIE RA1, GYMPIE RA2 or NOOSA RA2 as defined in the plan (Attachment 1.1 and Schedules One to Three). The plan ties licence areas to ABS 2001 Census geographies; map your intended transmitter and service area against those definitions.
Retrieve and examine the SL and TS documents referenced
For any frequency you intend to use, obtain the corresponding service licence document (SL number) and the transmitter specification document (TS number) listed in the schedule. The plan lists, for example, SL4175 and TS4175001 for 558 kHz (Schedule One). Those separate documents will contain the enforceable technical parameters and licence conditions you must meet.
Commission independent technical advice and drive test studies
The plan explicitly advises independent technical or specialist advice for applicants and broadcasters (Disclaimer). Commission RF engineering studies, propagation modelling and on-site measurements to test whether the frequency will operate at prescribed levels and to anticipate interference patterns, particularly given the plan’s reliance on theoretical interference predictions.
Verify prescribed operating levels before making technical changes
If you are an existing broadcaster considering changes to transmitter settings, the plan requires you to "take all reasonable steps to be satisfied that their frequency will operate at the prescribed levels before making changes to its existing technical operating conditions." Obtain the relevant TS document, run modelling and, if required, apply for formal amendment of your TS/SL through the regulator before making changes.
If competing for spectrum availability, validate frequency viability beforehand
Aspiring broadcasters should satisfy themselves that the frequency of interest "will operate at the prescribed levels before competing for spectrum availability." That means pre-application due diligence: technical reports, site surveys, coverage prediction, and assessment of potential interference, including possible international interference.
Document everything and maintain records
Keep copies of the LAP, the relevant SL and TS documents, technical reports, correspondence with ACMA/ABA, and propagation test data. The plan’s amendment history demonstrates that the administrative record can change, so maintain contemporaneous documentation of the state of the licences and technical specifications at the time of any operational decision.
Engage the regulator early for clarification
Where there is ambiguity about the plan’s attachments, or if the plan lists an SL or TS number whose content you cannot locate, engage ACMA for confirmation. The plan’s incorporation of attachments and the amendment trail mean the regulator is the authoritative source for up-to-date schedules and attachments.
Account for the no-liability stance in commercial contracts
Because the plan disclaims regulatory liability for interference, incorporate this risk allocation into commercial agreements, insurance policies and business planning. The plan’s text suggests you should not expect government compensation for interference risk identified in planning models.
Cross-check geographic definitions and community service obligations
If your proposal involves community broadcasting, ensure you understand the community service particulars and any separate community broadcasting policy instruments that might apply. The plan lists community frequencies (e.g. 91.5 MHz in GYMPIE RA2, SL1150117) but does not state community-service conditions; find the applicable community licence documents.
Use the TS as the technical compliance baseline
Operational compliance will hinge on the TS documents referenced by the plan. Ensure transmitters, antenna systems and site operations conform to the TS parameters; if operations deviate, seek an approved amendment of the TS before implementation.
Check ABS spatial referencing where necessary
Because licence areas are defined by ABS census geographies at 2001, confirm the precise boundaries that apply to your proposal by consulting the ABS dataset referenced in the attachment.
By following these steps , documentary verification, obtaining SL/TS content, independent technical validation, regulator engagement and record-keeping , broadcasters and applicants can translate the plan’s allocations into operationally compliant services. The plan’s own text makes the need for these steps explicit in the disclaimer and in the linkage to TS and SL identifiers.
Licence Area Plan : Gympie Radio – December 2000
Licence Area : GYMPIE RA2
Service Category
Frequency
Service Licence No
Technical Specification No
Attach No
Area Served
Community
91.5 MHz
SL1150117
TS10009965
2.2
Gympie
SCHEDULE THREE
Licence Area Plan : Gympie Radio – December 2000
Licence Area : NOOSA RA2
Service Category
Frequency
Service Licence No
Technical Specification No
Attach No
Area Served
Community
101.3 MHz
SL1150115
TS10008222
3.2
Noosa /Tewantin
DISCLAIMER:
The availability of frequency capacity in the Gympie is, to a large extent, based on theoretical interference predictions. Predictions by their very nature are subject to some degree of uncertainty given limitations of topography and other data.
The Australian Broadcasting Authority (ABA) takes reasonable care in assigning frequencies, but cannot warrant that licensed use of a broadcasting facility will be free from (or will not cause) interference. Any such interference can vary in extent and can originate within Australia or overseas.
Prospective applicants for licences should obtain independent technical or specialist advice concerning their applications, the operation of broadcasting equipment, and any other matters relevant to the operation of transmitters and services under the licences in question.
Existing broadcasters should take all reasonable steps to be satisfied that their frequency will operate at the prescribed levels before making changes to its existing technical operating conditions.
Aspirant broadcasters should take all reasonable steps to be satisfied that their frequency of interest will operate at the prescribed levels before competing for spectrum availability.
No liability is or will be accepted by the Minister for Communications, Information Technology and the Arts, the ABA, the Commonwealth of Australia, or its officers, servants or agents for the licensed use of a broadcasting facility which is not free from (or causes) interference.
Attachment 1.1
Licence Area - GYMPIE RA1 Licence Area ID - 449
Commercial Radio Service Licence numbers: SL4175, SL10327
The licence area, in terms of areas defined by the Australian Bureau of Statistics at the Census of 5 August 2001, is:
GYMPIE RADIO GYMPIE RADIO
GYMPIE RADIO
DECEMBER 2000 DECEMBER 2000
DECEMBER 2000
Made under the
Broadcasting Services Act 1992
This compilation was prepared by the Australian Communications and Media Authority on 10 July 2013 taking into account amendments up to Licence Area Plan – Gympie Radio – Variation No. 1 of 2008.
LICENCE AREA PLAN – GYMPIE RADIO – DECEMBER 2000
DETERMINATION
(1) The Australian Broadcasting Authority hereby makes this plan for broadcasting services in the Gympie area of Queensland, under subsection 26(1) of the Broadcasting Services Act 1992.
(2) Five national radio broadcasting services and two commercial radio broadcasting services are to be available in the area described at Attachment 1.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the services that are to be available in the area described at Attachment 1.1 are set out in Schedule One and Attachments 1.2 - 1.9 to this Determination.
(3) One community radio broadcasting service is to be available in the area described at Attachment 2.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 2.1 are set out in Schedule Two and Attachment 2.2 to this Determination.
(4) One community radio broadcasting service is to be available in the area described at Attachment 3.1 to this Determination with the use of the broadcasting services bands. The characteristics, including technical specifications, of the service that is to be available in the area described at Attachment 3.1 are set out in Schedule Three and Attachment 3.2 to this Determination.
(5) A reference in this determination to a schedule or an attachment includes a reference to a schedule or attachment as amended from time to time.
(Determined by the Australian Broadcasting Authority on 21 December 2000)
Schedule One
Licence Area Plan : Gympie Radio - February 2008
Licence Area : GYMPIE RA1
Service Category
Channel/ Frequency
Service Licence No
Transmitter Specification No
Attach No
Area Served
National
1566 kHz
N/A
TS4033001
1.2
Gympie
National
93.7 MHz
N/A
TS4861001
1.3
Gympie
National
95.3 MHz
N/A
TS4236002
1.4
Gympie
National
96.9 MHz
N/A
TS4859001
1.5
Gympie
Commercial
558 kHz
SL4175
TS4175001
1.6
Gympie
Commercial
96.1 MHz
SL10327
TS1131517
1.7
Gympie
Commercial
107.1 MHz
SL4175
TS1132363
1.8
Noosa/Tewantin
National
94.5 MHz
N/A
TS6367001
1.9
Gympie
SCHEDULE TWO
Licence Area Plan : Gympie Radio – December 2000
Licence Area : GYMPIE RA2
Service Category
Frequency
Service Licence No
Technical Specification No
Attach No
Area Served
Community
91.5 MHz
SL1150117
TS10009965
2.2
Gympie
SCHEDULE THREE
Licence Area Plan : Gympie Radio – December 2000
Licence Area : NOOSA RA2
Service Category
Frequency
Service Licence No
Technical Specification No
Attach No
Area Served
Community
101.3 MHz
SL1150115
TS10008222
3.2
Noosa /Tewantin
DISCLAIMER:
The availability of frequency capacity in the Gympie is, to a large extent, based on theoretical interference predictions. Predictions by their very nature are subject to some degree of uncertainty given limitations of topography and other data.
The Australian Broadcasting Authority (ABA) takes reasonable care in assigning frequencies, but cannot warrant that licensed use of a broadcasting facility will be free from (or will not cause) interference. Any such interference can vary in extent and can originate within Australia or overseas.
Prospective applicants for licences should obtain independent technical or specialist advice concerning their applications, the operation of broadcasting equipment, and any other matters relevant to the operation of transmitters and services under the licences in question.
Existing broadcasters should take all reasonable steps to be satisfied that their frequency will operate at the prescribed levels before making changes to its existing technical operating conditions.
Aspirant broadcasters should take all reasonable steps to be satisfied that their frequency of interest will operate at the prescribed levels before competing for spectrum availability.
No liability is or will be accepted by the Minister for Communications, Information Technology and the Arts, the ABA, the Commonwealth of Australia, or its officers, servants or agents for the licensed use of a broadcasting facility which is not free from (or causes) interference.
Attachment 1.1
Licence Area - GYMPIE RA1 Licence Area ID - 449
Commercial Radio Service Licence numbers: SL4175, SL10327
The licence area, in terms of areas defined by the Australian Bureau of Statistics at the Census of 5 August 2001, is:
Note 1 Note 1
Note 1
The Licence Area Plan - Gympie Radio – December 2000 (in force under the Broadcasting Services Act 1992) as shown in this compilation comprises the principal instrument amended as indicated in the Tables below.
Table of Instruments Table of Instruments
Table of Instruments
Year
Date of notificationin Gazette or registration
Date ofcommencement
Application, saving ortransitional provisions
Licence Area Plan – Gympie Radio – December 2000
10/01/2001F2005B00760
10/01/2001
Licence Area Plan – Gympie Radio – Variation – November 2001
05/12/2001F2005B00761
05/12/2001
Licence Area Plan – Gympie Radio – Variation No. 1 of 2008