Protection zone proposed for City Beach telco cable

The Australian Communications and Media Authority is inviting public submissions about its proposal to declare a protection zone for a submarine cable off City Beach, near Perth.

ACMA is proposing to declare a protection zone over the SEA-ME-WE3 submarine cable of national significance in line with legislation passed late last year. Within the protection zone, activities that could damage the cable will be prohibited or restricted and heavy criminal penalties will apply for breaches of the legislation.

'The value of submarine cables to the Australian economy is enormous,' said Chris Cheah, ACMA member and Chair of its Protection Zone Advisory Committee. 'These cables carry about 99 per cent of Australia's international voice and data traffic and breakage or damage has, in the past, had serious consequences for Australian businesses trying to conduct international transactions.'

'The establishment of protection zones will impact on a number of marine users,' Mr Cheah said. 'ACMA will consult with all parties affected by the new zones and all input will be considered before ACMA finally declares protection zones.'

The proposed protection zone off City Beach, near Perth extends one nautical mile (1,852 metres) either side of the SEA-ME-WE3 cable. The cable lands at City Beach, near Perth and links Australia with South East Asia, the Middle East and Western Europe.

The SEA-ME-WE3 cable is considered nationally significant as it is a high capacity cable that links Australia to global communications systems and is vital to the national interest.

ACMA released protection zone proposals for two submarine cables off the New South Wales coast in August.

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A discussion paper explaining the protection zone proposal (including a detailed map showing the location and dimensions of the proposed protection zone, and proposed prohibited and restricted activities) is available on the ACMA website, www.acma.gov.au/subcables. Further background information about the new regime can be accessed from the website, or can be obtained by emailing ACMA's Submarine Cable Protection Project Section on subcablesenquiries@acma.gov.au.

Backgrounder

The Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and Other Measures) Act 2005 came into effect in September 2005. The relevant provisions comprise a new Schedule 3A to the Telecommunications Act 1997 and set out a comprehensive regime for the protection of submarine cables in Australian waters.

Schedule 3A makes ACMA responsible for:

declaring protection zones over cables of 'national significance'
issuing permits to install submarine cables in Australian waters (both in and outside protection zone)
Activities within protection zones that are likely to cause damage to cables will be either prohibited or restricted - and subject to heavy criminal penalties.

What are submarine telecommunications cables?

Submarine telecommunications cables are the underwater infrastructure that links Australia with other countries.

Disruption or damage to major submarine cables can have serious consequences - dramatically impeding the flow of information to and from Australia. Any sustained outage further slows information flow, which can cause lost data, significant delays, and severe financial loss - not only to cable owners but also to people and businesses that rely on communication links outside Australia.

Fibre optic submarine cables are susceptible to damage and breakage from external impact. Repairing a broken or damaged cable is an expensive and time consuming exercise. While the locations of existing cables are well-known, and are marked on most maritime maps, accidental damage of cables has occurred several times in recent years in Australian waters. Activities that pose the greatest threat to undersea cables are sea-bottom trawl fishing, anchoring sand-dredging, and dumping.

Submarine cables of national significance

ACMA must not declare a protection zone unless it is satisfied that the cables concerned are or will be cables of national significance. The Explanatory Memorandum to the legislation states that 'submarine cables of national significance are generally high capacity cables that link Australia to global communications systems and are vital to the national interest'.

Protection zone proposal for Western Australia

It is proposed that the protection zone extend from the low-water mark at City Beach to an outermost limit of 2000 metres water depth (as shown on the map below).

ACMA is proposing that the width of the protection zone extend one nautical mile either side of the SEA-ME-WE3 cable. The rationale for this approach is that it minimises the effect of declaring a protection zone on other users of the sea while ensuring the appropriate level of protection for the cable. Prohibiting certain activities and placing restrictions on the conduct of certain activities within one nautical mile either side of the cable will ensure an appropriate level of protection for the cable.

Establishing protection zones

Before formally declaring a protection zone, ACMA is required to develop a proposal for the protection zone, consult about the proposal and undertake the following:

establish an advisory committee composed of key stakeholders and consisting of no more than twelve members;
seek and consider the advisory committee's advice on the proposal;
consult with the Environment Secretary; and
consider all submissions.
ACMA may then formally declare protection zones over cables of national significance and detail the activities that are prohibited or restricted within each protection zone.

When deciding about the final protection zone, ACMA will seek to maintain an appropriate level of protection for the cable while minimising the impact on affected marine users.