Environment and heritage considerations
21 Environment and heritage considerations
For the purposes of paragraph 20(d) of this Schedule, the ACMA must have regard to:
whether the installation, maintenance or operation of the submarine cable:
is inconsistent with Australia’s obligations under a listed international agreement; or
could have an adverse effect on a listed threatened species or threatened ecological community, or impede the recovery of a listed threatened species or threatened ecological community; or
could have an adverse effect on a listed marine species; or
could have an adverse effect on the environment, including the environment within a Commonwealth marine area; or
could have an adverse effect on cetaceans; or
could have an adverse effect on a listed migratory species; or
could have an adverse effect on the National Heritage values of a place included in the National Heritage List; or
could have an adverse effect on the ecological character of a declared Ramsar wetland; or
could have an adverse effect on the world heritage values of a declared World Heritage property; or
could have an adverse effect on a place that Australia is required to protect by the terms of a listed international agreement; or
could have an adverse effect on an area that, under the law of the Commonwealth, a State or a Territory, is reserved wholly or principally for marine conservation purposes (however described); or
could have an adverse effect on an area that, under a law of the Commonwealth, a State or a Territory, is protected from significant environmental disturbance; and
whether the submarine cable is to be installed at or near an area or thing that is of particular significance to Aboriginal persons, or Torres Strait Islanders, in accordance with their traditions; and
such other matters (if any) as the ACMA considers relevant.
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