Submarine telecommunications cables link Australia to global communication networks and are vital to the national economy. This report reviews, and recommends changes to, the current regulatory regime.

Due to their size and location on the seabed, submarine telecommunications cables are vulnerable to damage from activities such as the anchoring of ships, some types of fishing, dumping of materials, dredging and mineral exploration.

Under Schedule 3A to the Telecommunications Act 1997, the ACMA has the power to declare protection zones over submarine cables of national significance and to grant permits to install submarine cables in Australian waters. Schedule 3A was enacted by Parliament in 2005, and since then the ACMA has declared three protection zones and issued six permits to carriers to install submarine cables.

The ACMA is required to report to the Minister about the operation of Schedule 3A five years after its introduction. This discussion paper provides information about the legislative background for Schedule 3A, the ACMA’s operational experience with Schedule 3A to date, the administrative processes employed and outlines proposals to address some minor administrative problems with Schedule 3A.

Questions have been included throughout this discussion paper to assist respondents in providing feedback on the regime. Submissions are sought in response to these or any other relevant issue. However, please note that the Explanatory Memorandum foreshadows that the scope of this review is to consider the operation of the Schedule 3A regime and not any of the declared protection zones.

Stakeholder feedback on the operation of the Schedule 3A will contribute to the ACMA’s report to the Minister. If a submission about this paper raises a matter outside the scope of the review, the ACMA may choose to deal with the issue separately and not in the report.