The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Declaration under subclause 4 (1) of Schedule 3A to the Telecommunications Act 1997.
Dated 24th September 2007
Lyn Maddock [signed] Member
Marcus Bezzi [signed] General Manager
Australian Communications and Media Authority
Contents
1 Name of Declaration
2 Commencement
3 Definitions
4 Definition of line
5 Application of Declaration
6 Area of the Perth Protection Zone
7 Nominal location of the submarine cable in the Perth Protection Zone 8
8 Prohibited activities in the Perth Protection Zone 9
9 Restricted activities in the Perth Protection Zone
1 Name of Declaration
This Declaration is the Submarine Cable (Perth Protection Zone) Declaration 2007.
2 Commencement
This Declaration commences on 1 February 2008.
3 Definitions
In this Declaration:
abalone spatula means a device that:
(a) has a blade that is broad, flat and flexible; and
(b) is used to pry abalone from the seabed.
ACMA means the Australian Communications and Media Authority.
Act means the Telecommunications Act 1997.
anchor line means a rope or chain used to suspend an anchor from a ship.
Australia has the same meaning as in clause 2 of Schedule 3A to the Act.
Australian waters has the meaning given by clause 2 of Schedule 3A to the Act.
bar means the unit of measurement for ultrasonic pressure waves.
benthos means animals or plants that:
(a) are sedentary; and
(b) live on the seabed.
branching unit means any part of a submarine cable that allows the cable to branch.
branch line means a line used to attach fishing apparatus (for example, a pot or trap) to a mainline.
breaking strain, in relation to an object, means the force required for the object to break.
cable carrier, in relation to a submarine cable that is within the Perth Protection Zone, means:
(a) if a submarine cable is a network unit — the carrier that owns or jointly owns the cable, or is named in a nominated carrier declaration that is in force in relation to the cable; or
(b) if a submarine cable is not a network unit and was installed after the commencement of Schedule 3A of the Act — a carrier that held a protection zone installation permit under Schedule 3A to install the cable in the protection zone; or
(c) in any other case — the carrier that owns, or jointly owns, a network unit that is immediately connected to the cable, or is named in a nominated carrier declaration in force in relation to that network unit.
circle type hook means a circular fishing hook where the barb of the hook faces its shaft.
civil engineering work includes:
(a) planning, design, construction, maintenance, management and demolition of a fixed structure or public works; and
(b) depositing sand in a place.
conduct has the meaning given by clause 2 of Schedule 3A to the Act.
danforth anchor means a type of anchor that:
(a) is characterised by having hinged flukes that dig into the ground as tension is placed on the anchor; and
(b) does not have a stock.
defence operation or practice has the same meaning as in Part XI of the Defence Force Regulations 1952.
defence practice area has the same meaning as in Part XI of the Defence Force Regulations 1952.
dropline means a vertically‑set weighted fishing line with 4 or more hooks, or 4 or more gangs of hooks, that is:
(a) used or intended to be used in water; and
(b) kept vertical by a float.
dropper weight means the weight attached to the end of a dropline.
electro‑optic devices means those electronic parts of a submarine cable that manage or re‑transmit communications along a line.
equaliser means submerged electro‑optic devices that are installed at intervals along a submarine cable to boost signal transmission.
explosive device does not include:
(a) firearms of less than 20 millimetre calibre; or
(b) firearms used or intended to be used for life saving or distress signalling purposes.
grapnel means a grabbing device used, or intended to be used, to grab an item on the seabed.
grid lines means the local pattern used to map the seabed with seismic survey equipment.
installation has the same meaning as in clause 2 of Schedule 3A to the Act.
J‑hook means a fishing hook where the barb of the hook is parallel to the shaft.
longline means a fishing line with 4 or more hooks, or 4 or more gangs of hooks, lying horizontally along or near the seabed.
low‑water mark means the height of the lowest ebb tide.
mainline means the principal fishing line used or intended to be used as, or as part of, a dropline, longline, setline, trotline, or multiple pots or traps.
mid‑water trawl means trawl gear that is designed and rigged to work in mid‑water, including surface water.
network unit has the meaning given by Division 2 of Part 2 of the Act.
nominal location means the nominal location of the SEA‑ME‑WE3 Cable specified in section 7 of this Declaration.
ocean disposal point means a point where specified material may be disposed and includes a point designated or declared by the Commonwealth or a State or Territory government to be a point where the disposal or abandonment of material is permitted (whether or not particular material is specified).
Perth Protection Zone means the protection zone that is declared by this Declaration.
plough anchor means a type of anchor that is designed to bury itself into the ground by virtue of its plough shape.
Note A plough anchor is also referred to as a coastal quick release (CQR) anchor.
pressure waves means controlled pulses of sound generated by seismic survey equipment.
protection zone installation permit has the meaning given by clause 2 of Schedule 3A to the Act.
reef pick anchor means a type of anchor characterised by having thin pliable prongs that straighten when an excessive load is applied.
Note A reef pick anchor is also referred to as a reef anchor.
repeater means a device used, or intended to be used, to enhance the signal along a submarine cable or part of a submarine cable.
scuttle, in relation to a ship, means to deliberately sink a ship.
SEA‑ME‑WE3 means the South East Asia, Middle East and Western Europe submarine cable 3.
seismic survey means any method of exploration for resources that:
(a) involves the transmission of pressure waves into the seabed; and
(b) requires the measurement of vibrations that occur because of those pressure waves.
setline means a fishing line that has multiple snoods attached to a horizontal demersal‑set mainline.
ship has the meaning given by clause 2 of Schedule 3A to the Act.
shot means the weight attached to the end of a shotline.
shotline means a weighted line that may be used to moor a ship.
sliding 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.
snood means any hook and fishing line that is connected, whether directly or indirectly and whether permanently or temporarily, to a mainline.
spoil 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.
submarine cable has the meaning given by clause 2 of Schedule 3A to the Act.
submerged 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.
Example
Repeaters, equalisers and branching units are all submerged plant items.
trace means any fishing line used to attach a hook to a mainline.
trap rope means any rope used to suspend a pot or trap from a ship.
trip anchor means an anchor that:
(a) is fitted with lugs at both ends of the shank; and
(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.
trip 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.
trotline means 2 or more droplines that are connected by horizontal mid‑water bars.
Western Australia means the State of Western Australia.
Note Other terms in this Declaration have the meaning given by the Act.
4 Definition of line
In this Declaration, line has its ordinary meaning when used in relation to:
(a) fishing; or
(b) fishing operations; or
(c) a shot line; or
(d) anchors.
Note Line is defined in section 7 of the Act.
5 Application of Declaration
This Declaration applies to the extent that it is consistent with Australia’s jurisdiction under international law.
6 Area of the Perth Protection Zone
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:
(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:
Table 1
Point Number
Latitude
Longitude
2
31 56 09.7 S
115 43 54.2 E
3
31 54 47.6 S
115 42 03.3 E
4
31 54 39.4 S
115 41 47.8 E
5
31 53 50.6 S
115 40 11.4 E
6
31 52 35.7 S
115 39 31.2 E
7
31 48 59.9 S
115 39 06.3 E
8
31 48 47.7 S
115 38 42.5 E
9
31 48 53.7 S
115 30 12.8 E
10
31 49 47.1 S
115 26 57.7 E
11
31 50 00.5 S
115 26 14.7 E
12
31 50 17.2 S
115 25 44.9 E
13
31 50 15.2 S
115 24 39.0 E
14
31 49 59.1 S
115 12 03.4 E
15
31 45 20.5 S
114 58 16.3 E
16
31 45 02.6 S
114 56 59.7 E
17
31 44 11.8 S
114 52 52.8 E
18
31 43 35.2 S
114 49 42.8 E
19
31 42 59.9 S
114 42 46.9 E
20
31 43 00.8 S
114 34 46.2 E
(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:
Table 2
Point Number
Latitude
Longitude
22
31 41 00.0 S
114 42 56.6 E
23
31 41 37.1 S
114 50 09.5 E
24
31 43 06.3 S
114 57 35.5 E
25
31 47 59.3 S
115 12 20.5 E
26
31 48 18.5 S
115 24 00.3 E
27
31 48 15.6 S
115 25 03.1 E
28
31 47 33.5 S
115 28 00.8 E
29
31 46 53.5 S
115 30 00.3 E
30
31 47 00.1 S
115 34 11.8 E
31
31 46 59.5 S
115 35 35.7 E
32
31 46 47.8 S
115 39 13.8 E
33
31 47 19.6 S
115 40 24.2 E
34
31 52 33.6 S
115 41 46.3 E
35
31 53 08.1 S
115 43 22.9 E
36
31 54 18.9 S
115 44 54.0 E
37
31 54 26.0 S
115 45 06.2 E
(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);
(d) the line then runs generally southerly along the mean low‑water mark to point number 1.
Note 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.
7 Nominal location of the submarine cable in the Perth Protection Zone
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.
Table 3 SEA‑ME‑WE3 Cable
Point Number
Latitude
Longitude
1
31 55 24 S
115° 44 46 E
2
31° 55 20 S
115° 44 34 E
3
31° 54 42 S
115° 43 40 E
4
31° 53 59 S
115° 42 46 E
5
31° 53 45 S
115° 42 19 E
6
31° 53 35 S
115° 41 42 E
7
31° 53 29 S
115° 41 27 E
8
31° 53 07 S
115° 41 00 E
9
31° 52 56 S
115° 40 54 E
10
31° 52 30 S
115° 40 41 E
11
31° 48 20 S
115° 40 11 E
12
31° 47 47 S
115° 39 01 E
13
31° 47 49 S
115° 36 30 E
14
31° 48 00 S
115° 35 47 E
15
31° 47 54 S
115° 30 01 E
16
31 49 16 S
115 24 50 E
17
31 48 59 S
115 12 06 E
18
31 44 23 S
114 58 39 E
19
31 42 36 S
114 49 54 E
20
31 42 00 S
114 42 50 E
21
31 42 01 S
114 34 46 E
22
31 31 15 S
113 45 50 E
23
31 14 36 S
112 59 58 E
24
28 00 39 S
109 51 24 E
25
13 20 59 S
104 18 12 E
26
08 49 00 S
103 24 00 E
8 Prohibited activities in the Perth Protection Zone
(1) Subject to subsection (2), an activity mentioned in table 4 is prohibited in the Perth Protection Zone.
Table 4 Prohibited activities in the Perth Protection Zone
Item
Prohibited activity
1
An activity mentioned in subparagraph 10 (4) (a) (i), (iv) or (viii) of Schedule 3A to the Act
2
The use of any of the following:<br> (a) a mid‑water trawl;<br> (b) a type of net, rope, chain or other object used in fishing operations that is capable of contacting the seabed;<br> (c) a demersal longline;<br> (d) a Danish seine;<br> (e) a Scottish seine
3
Towing, operating or suspending from a ship an object used in an activity mentioned in item 1 or 2
4
Scuttling or attempting to scuttle a ship
5
Establishing, maintaining or using a spoil ground or other ocean disposal point
Note For paragraph (c) in item 2, setlines and trotlines are examples of demersal longlines.
(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:
(a) carried out in the course of fishing operations; and
(b) listed as a restricted activity in items 1 to 5 of table 5.
9 Restricted activities in the Perth Protection Zone
An activity mentioned in an item in table 5 is restricted in the Perth Protection Zone, subject to an exception mentioned in the item.
Table 5 Restricted activities in the Perth Protection Zone
Item
Activity
Restriction
1
The use of a demersal gillnet
The activity must not occur in waters more than 500 metres from the low‑water mark unless:<br> (a) the ship is operating in waters less than 100 metres deep; and<br> (b) each line used in the fishing operation has a breaking strain that does not exceed 2.7 tonne; and<br> (c) no anchors or external weights are used with the gillnet; and<br> (d) fishing gear is retrieved vertically from the seabed to the greatest extent practicable
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:<br> (a) for a single pot or single trap:<br> (i) it is fixed to a single mainline; and<br> (ii) it consists of:<br> (A) a rectangular base or floor not exceeding 2 metres in length and 2 metres in width; or<br> (B) a circular base or floor not exceeding 2 metres in diameter; and<br> (iii) the trap rope:<br> (A) has a breaking strain that does not exceed 2.7 tonne; and<br> (B) is not composed of wire; or<br> (b) for multiple pots or multiple traps:<br> (i) they are fixed to a single mainline; and<br> (ii) the dry weight of each pot or trap does not exceed 15 kilograms; and<br> (iii) each branch line has a breaking strain that does not exceed 500 kilograms; and<br> (iv) the mainline:<br> (A) has a breaking strain that does not exceed 2.7 tonne; and<br> (B) is not composed of wire
3
The use of a demersal dropline
The activity must not occur in waters more than 500 metres from the low‑water mark unless:<br> (a) only circle‑type hooks are used; and<br> (b) the demersal dropline has a breaking strain that does not exceed 2.7 tonne; and<br> (c) the demersal dropline does not use a mainline, snood, trace or branch line made with wire; and<br> (d) each branch line has a breaking strain that does not exceed 500 kilograms; and<br> (e) the dropper weight does not exceed 15 kilograms
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
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:<br> (a) exploring for or exploiting resources (other than marine species) in accordance with item 12;<br> (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;<br> (c) constructing or removing a navigational aid in accordance with item 10 or 13;<br> (d) constructing or removing an installation for the use of ships in accordance with item 9;<br> (e) conducting civil engineering work in accordance with item 13;<br> (f) conducting research that involves contact with the seabed in accordance with item 14
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
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:<br> (a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:<br> (i) the particulars of the activity to be undertaken; and<br> (ii) the location of the activity; and<br> (iii) the expected commencement date and duration of the activities to be undertaken; and<br> (b) the entity responsible for the activity has:<br> (i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and<br> (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<br> (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<br> (d) the path across the Perth Protection Zone followed by the new cable or pipeline is minimised to the greatest extent practicable; and<br> (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)
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:<br> (a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:<br> (i) the particulars of the activity to be undertaken; and<br> (ii) the location of the activity; and<br> (iii) the expected commencement date and duration of the activities to be undertaken; and<br> (b) the entity responsible for the activity has:<br> (i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and<br> (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<br> (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
9
Constructing or removing an installation for the use of ships
The activity must not occur unless:<br> (a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:<br> (i) the particulars of the activity to be undertaken; and<br> (ii) the location of the activity; and<br> (iii) the expected commencement date and duration of the activities to be undertaken; and<br> (b) the entity responsible for the activity has:<br> (i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and<br> (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<br> (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
10
Constructing navigational aids
The activity must not occur unless:<br> (a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:<br> (i) the particulars of the activity to be undertaken; and<br> (ii) the location of the activity; and<br> (iii) the expected commencement date and duration of the activities to be undertaken; and<br> (b) the entity responsible for the activity has:<br> (i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and<br> (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<br> (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
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
12
Exploring for or exploiting resources (other than marine species)
The activity must not occur unless:<br> (a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:<br> (i) the particulars of the activity to be undertaken; and<br> (ii) the location of the activity; and<br> (iii) the expected commencement date and duration of the activities to be undertaken; and<br> (b) the entity responsible for the activity has:<br> (i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and<br> (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<br> (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<br> (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<br> (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)
13
Removing a navigational aid or conducting civil engineering work
The activity must not occur unless:<br> (a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:<br> (i) the particulars of the activity to be undertaken; and<br> (ii) the location of the activity; and<br> (iii) the expected commencement date and duration of the activities to be undertaken; and<br> (b) the entity responsible for the activity has:<br> (i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and<br> (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<br> (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
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:<br> (a) the entity responsible for the activity has, not later than 21 days before the activity, provided each cable carrier with:<br> (i) the particulars of the activity to be undertaken; and<br> (ii) the location of the activity; and<br> (iii) the expected commencement date and duration of the activities to be undertaken; and<br> (b) the entity responsible for the activity has:<br> (i) complied with any reasonable written request for information from a cable carrier within 7 days of receiving the request; and<br> (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<br> (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
15
The use of an explosive or explosive device
The activity must not occur unless:<br> (a) the activity occurs in the course of exploring for or exploiting resources (other than marine species) in accordance with item 12; or<br> (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<br> (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
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:<br> (a) the ship is operating in waters less than 100 metres deep; and<br> (b) the shot does not weigh more than 20 kilograms; and<br> (c) the shotline has a maximum breaking strain that does not exceed 2.7 tonne
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:<br> (a) the ship is operating in waters less than 100 metres deep, and<br> (b) the ship’s anchor is fitted with a trip release mechanism; and<br> (c) the anchor line has a maximum breaking strain that does not exceed 1090 kilograms; and<br> (d) the ship is using:<br> (i) a danforth anchor, or a SARC anchor (also known as a sand and reef combination anchor), that weighs less than 15 kilograms; or<br> (ii) a plough anchor, or reef pick anchor, that weighs less than 25 kilograms
Example 1
In relation to item 11 of table 5 harvesting the benthos by hand includes the use of an abalone spatula.
Example 2
In relation to item 12 of table 5 repeaters, equalisers and branching units are electro‑optic devices.
Example 3
In relation to item 17 of table 5 a sliding ring anchor and a trip release anchor are anchors fitted with a trip release mechanism.
Note 1 For item 1 (c) of table 5, external weights do not include lead‑cored rope.
Note 2 Items 1 to 6 and 11 to 17 of table 5 relate to paragraph 11 (3) (g) of Schedule 3A to the Act.
Note 3 Items 7 and 8 of table 5 relate to paragraph 11 (3) (d) of Schedule 3A to the Act.
Note 4 Item 9 of table 5 relates to paragraph 11 (3) (e) of Schedule 3A to the Act.
Note 5 Item 10 of table 5 relates to paragraph 11 (3) (f) of Schedule 3A to the Act.