APRIL 2017
Canberra
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Belconnen ACT
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Belconnen ACT 2616
T+61 2 6219 5555
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Melbourne
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Melbourne VIC
PO Box 13112
Law Courts
Melbourne VIC 8010
T+61 3 9963 6800
F+61 3 9963 6899
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PO Box Q500
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Introduction
Permits to install submarine cables
Terminology
What type of permit is required?
What does it cost to apply for a permit?
Applying for a permit
Processing permit applications
Timeframes for processing an application
Requests for additional information
Notification of change of circumstances
Treatment of information
Consultation on permit applications
Duration of a permit
Preparing an application for a permit
Part A—applicant details
Part B—proposed installation information
Part C—conditions applicable to the installation of submarine cables
Part D—Applicant declaration
Decision to grant or refuse a permit
Matters to be considered by the ACMA in making a decision about a permit application
The ACMA’s general principles for decision-making
Review rights
Suspension or cancellation of a permit
Process for suspension or cancellation
Review rights
Checklist for permit applications
More information
acma | 1Introduction
This guide is intended to assist carriers in applying for submarine cable installation permits under Schedule 3A to the Telecommunications Act 1997 (the Act). It outlines the legislative requirements governing the process of applying for a permitand the ACMA’s policies for administering this process.
This guide is not a substitute for the Act and is intended to be read in conjunction with Schedule 3A to the Act.
For information about the submarine cable installation permit process, please contact the
Networks Section at the ACMA on:
T(03) 9963 6800
Information is provided in this guide without prejudice to a subsequent decision by the ACMA and the ACMA reserves the right to exercise its powers under the Act to refuse an application or impose conditions on a permit to install a submarine cable.
In making decisions related to matters covered in this guide, the ACMA will take all relevant factors into account and decide each application on its merits. Potential applicants are advised to seek their own independent legal advice when preparing a permit application. This guide is not intended to be a substitute for independent legal advice.
Permits to install submarine cables
Terminology
Terms used in the guide have the same meaning as in the Act.The following terms are used in the guide:
‘Carrier’ is a person who holds a carrier licence.
‘Protection zone permit’ is a permit to:
(a)install one or moresubmarine cables in a protection zone; or
(b)install a single international submarine cable in both:
- a protection zone; and
- Australian waters that are not in a protection zone and that are not coastal waters of a State or the Northern Territory; or
(c)install two or more international cables in both:
- a protection zone; and
- Australian waters that are not in a protection zone and that are not coastal waters of a State or the Northern Territory.
‘Non-protection zone permit’isa permit to install one or more international submarine cables in Australian waters that are not in a protection zone and that are not coastal waters of a State or the Northern Territory.
‘International submarine cable’ is a cable that connects a place in Australia with a place outside of Australia (whether or not the cable is laid via another place in Australia).
‘Domestic submarine cable’ is a cable that connects a place in Australia with another place in Australia.
Note – where a submarine cable connects to an offshore platform that is within the waters of the territorial sea, it will be considered a place within Australia. Conversely, where an offshore platform is located in the waters of the exclusive economic zone (EEZ) or beyond the limits of the EEZ, it will be considered a place outside Australia.
‘Coastal waters’means the waterscovered by the Coastal Waters (State Powers) Act 1980(Cth) or the Coastal Waters (Northern Territory Powers) Act 1980(Cth). Coastal waters are generally the first three nautical miles of the territorial sea adjacent to each State and the Northern Territory, plus (in the case of Western Australia) some title areas landward of the territorial sea baseline but external to the State.
‘Australian waters’ is defined in Schedule 3A to the Act to mean:
- the waters of the territorial sea (within the meaning of the Seas and Submerged Lands Act 1973) of Australia
- the waters of the exclusive economic zone of Australia
- the sea above that part of the continental shelf of Australia that is beyond the limits of the exclusive economic zone.
For other definitions relating to the submarine cable regime, refer to subclause 2(1) of Schedule 3A to the Act.
What type of permit is required?
All international cables (both in a protection zone and in Australian waters that are not in a protection zone and that are not coastal waters) require an installation permit. A permit is only required for a domestic cable if the cable is to be installed in a protection zone.
Note: Installing an international submarine cable without a permit or a domestic cable in a protection zone is an offence under the Act.
A protection zone installation permit authorises the installation of:
- one or more submarine cables in a protection zone
- a single international submarine cable in both a protection zone and in Australian waters that are not in a protection zone and that are not coastal waters, or
- each of two or moreinternational submarine cables in both a protection zone and in Australian waters that are not in a protection zone and that are not coastal waters.
A non-protection zone installation permit authorises the installation of one or more international submarine cables in Australian waters that are not in a protection zone and that are not coastal waters of a State or the Northern Territory. Carriers should seek necessary regulatory approvals for installations from relevant State or Territory governments.
There is a streamlined process for applications to install submarine cables that will traverse both a protection zone and a non-protection zone area. Carriers only need to apply for one permit for an international submarine cable that will pass through both a protection zone and Australian watersthat are not in a protection zone and that are not coastal waters. International cables that are not proposed to be installed in a protection zone are required to have a non-protection zone permit for installation.
Figure 1 can be used to help determine whether a carrier needs a permit to install a submarine cable in Australian waters and, if so, what type of permit is required.
What does it cost to apply for a permit?
An application for a permit must be accompanied by payment of the appropriate charge per cableandthe consultancy deposit(if applicable). To request an invoiceprior to lodging an application for a permit, please contact the Networks Section at the ACMA on:
T(03) 9963 6800
Once an invoice has been issued, payment can be made by direct deposit to the ACMAor by cheque payable to the Collector of Public Monies at the ACMA.
The following permit application fees apply:
Application Charge Per Cable / Consultancy DepositProtection zone permit / $4040 / n/a
Non-protection zone permit / $5959 / $25,000
The consultancy deposit is payableforthe cost of external consultancy services associated with non-protection zone permit applications. It must be paid with the application charge prior tolodging a permit application. The ACMA will use the consultancy deposit if a situation arises where the ACMA considers independent expert advice is needed. For example, a consultant may provide technical information about the likely operation of a proposed cable where there are concerns relating to the impact of the proposed installation on the environment.
Any unspent portion of the deposit is refundable to the applicant.A further charge may be levied on the applicant if the costs of an external consultant exceed the deposit.
Applying for a permit
Carrier representatives are advised to contact the Networks Section of the ACMA by telephone on (03) 9963 6800 to discuss a new cable proposal early in the planning phase of the project. This will enable ACMA staff to provide relevant advice about the permit process and check whether the proposed cable route is in conflict with routes already permitted by the ACMA. If required, the ACMA will provide the contact details of other permitted cable proponents in the vicinity of a new cable proposal to enable liaison in relation to the cable route.
Only a carrier may apply for a permitto install a submarine cable. An application must be in writing and in the form approved by the ACMA. The application form for a submarine cable installation permit is available on the ACMA website. Please note that:
- applicants are required to provide two hard copies and an electronic copy of the application form to the ACMA and
- applications that are incomplete or illegible will be returned to the applicant.
Processing permit applications
Timeframes for processing an application
The ACMA is required to either grant or refuse an application for a permit within the following timeframes:
- Protection zone permit – 25 business days after the day the application for the permit was received. The ACMA may extend this period up to, but not exceeding, 35 business days.
- Non-protection zone permit – 60 business days after the day the application for the permit was received. The ACMA may extend this period up to, but not exceeding, 90 business days.
Requests for additional information
After receiving an application for a permit to install a submarine cable, the ACMA will either:
- proceed to consideration of the application, or
- request additional information from the applicant.
To assist in consideration of an application for a permit, the ACMA may seek clarification or additional information from the applicant about their application. The ACMA will give applicants a reasonable period of time in which to provide the requested information.
Note: If the ACMA has requested additional information (under Schedule 3A) the ‘clock stops’ on the application processing timeframe until the requested information has been received.
Notification of change of circumstances
If an application has been made and the applicant becomes aware of a change of circumstances relating to information set out in the application, the applicant must advise the ACMA of the change as soon as practicable.
The ACMA will decide whether the change is material and will notify the applicant accordingly. If the change is material then the ACMA may notify the applicant of an extension to the period in which the application will be considered.
Treatment of information
Applicants should clearly indicate specific material contained in the application that is commercial-in-confidence. The ACMA will liaise with the applicant about the use of such material if disclosure is required to meet the ACMA’s statutory responsibilities.
Consultation on permit applications
Schedule 3A requires the ACMA to consult with the Attorney-General’s Department on permit applications to ensure that matters of international law, native title and security are appropriately considered. To meet this statutory responsibility, a copy of the application will be forwarded to the Attorney-General’s Department for assessment.
The Attorney-General’s Department can advise the ACMA that there is no objection to the application, make a submission to the ACMA on the application or extend the consultation period by giving notice to the ACMA. The Attorney-General’s Department may also direct the ACMA not to grant a permit in certain circumstances.
The ACMA mustalso consult any other persons it considers relevant in making a decision about a permit. In making a decision about an application, the ACMA will rely on information submitted by the applicant, but may seek other inputs (for example, from other government agencies) if considered necessary. Depending on the type of permit applied for and the geographical location of the proposed cable installation, the ACMA may consult the following organisations about a permit application:
- Department of Environment
- Department of Defence
- State/Territory Government bodies such as ports and environment authorities.
Duration of a permit
A permit will remain in force for 18 months from the day the permit is granted.
Before a permit expires, a carrier may seek to extend the duration of the permit for a further 180 days. To extend a permit, a carrier must apply to the ACMA before the permit expires and provide reasons (in writing) for seeking the extension. An application to extend a permit after the permit has expired will not be accepted.
There is no statutory limit to the number of extensions that may be granted, however, a fee of $1414.00 is payable for each extension.
Information required by the ACMA to extend a permit
All requests to extend a permit must be accompanied by a statement setting out the reasons why a permit extension is being requested. These reasons may include information about delays in obtaining overseas approvals/permits/licences, delays as a result of survey, manufacturing or cable laying problems or other technical or commercial impediments (as applicable).
To support a request for a permit extension, an applicant should provide an outline of their submarine cable project plan and scheduled dates for key milestones including (as relevant) the following:
- completion of marine route survey
- granting of/application for landing station and associated permits
- contract-in-force for cable and component supply
- commencement of cable manufacture and assembly
- installation of cable landing facilities
- commencement of cable laying
- proposed ready-for-service date
- any other key milestones.
Once the applicant has prepared the necessary information it can be sent to the ACMA using the email address: The ACMA may contact the applicant in order to clarify aspects of the information provided.
ACMA consideration and decision-making
The ACMA will assess the information provided by the applicant to determine whether there is sufficient evidence to substantiate the reasons for requesting a permit extension.
Where an application is made for a second or subsequent permit extension, the ACMA will not only consider the current reasons provided but also assess the applicant’s progress against previously provided key milestones (as set out in their submarine cable project plan). The ACMA may also consider the impact of any extension on other cable proponents.
The ACMA will notify the applicant of its decision regarding the permit extension. If the ACMA refuses the application, it must give the holder of the permit written notice and the reason for the decision.
Preparing an application for a permit
This section provides general guidance about the information requested by the ACMA for inclusion in an application for a permit. Applicants are encouraged to provide any additional information considered relevant to the ACMA’s assessment of an application.
Part A—type of permit
Indicate the type of permit required. Use the information on page 3 for guidance.
Part B—applicant details
Under the Act, only a carrier may apply to the ACMA for a permit.
For information about the carrier licensing regime please contact the ACMA on:
T(03) 9963 6800
Part C—proposed installation information
This section of the application form requires applicants to provide information (including maps where appropriate) about the proposed installation of the cable(s).
Item 1: The proposed route(s) in Australian waters of the submarine cable(s) specified in the application.
Applicants are requested to provide information specifying:
- geographic coordinates and geodetic datum for the proposed installation (an electronic word version is required so the proposed cable route can be plotted)
- an electronic ESRI ArcGIS Shapefile (.shp) of the proposed route, and
- the geographic location at which the cablewill land onshore.
Applicants are requested to submit a copy of a desktop or hydrographic survey of the proposed route to illustrate the exact location of the proposed cable installation.
Item 2: Details about the ownership and control of the submarine cable(s) specified in the application.
This information is required to give the ACMA accurate information about any persons that may own or control a proposed submarine cable. The information is relevant to the consultation process between the ACMA and the Attorney-General’s Department.
For the purposes of this question, control includes control as a result of or by means of, trusts, agreements, arrangements, understandings and practices:
- whether or not having legal or equitable force
- whether or not based on legal or equitable rights, and
- whether or not capable of being exercised indirectly through one or more interposed companies, partnerships or trusts.
Item 3: The anticipated start and completion dates for installation of the cable.
Applicants are requested to indicate (as accurately as possible) proposed installation dates of the cable. Applicants should attach a brief explanation of the anticipated:
- commencement date of the proposed installation
- duration of the actual installation process, and
- operational date for the cable(s).
This information will assist the ACMA in determining whether or not permit conditions are appropriate.