Digital Train Radio System Kingsgrove BTS Site Review of ...

2.6 Commonwealth legislation
Environment Protection and Biodiversity Conservation Act 1999
The primary legislation at the Commonwealth level is the Environment Protection and
Biodiversity Conservation Act 1999 (EPBC Act). Part 3 of the EPBC Act requires approval from
the Commonwealth Minister for Sustainability, Environment, Water, Population and
Communities if a development is likely to have, or will have, a significant effect on a matter of
National Environmental Significance (NES).
For the purposes of the EPBC Act, matters of NES are defined as:
• World heritage properties;
• National heritage places;
• Ramsar wetlands;
• Nationally threatened species and ecological communities;
• Migratory species;
• Commonwealth marine areas; and
• Nuclear actions.
There are no matters of national environmental significance that will be affected as a result of
this proposal. No commonwealth land will be affected, either directly or indirectly, as a result of
this proposal. A summary of EPBC factors is included in Table 4.
Civil Aviation (Building Control) Regulation 1988
The proposed site is located within the height restriction zone of Bankstown Airport however the
monopole is lower than the airport Obstacle Limitation Surface. Therefore CASA approval is not
required.
Commonwealth Telecommunications Act
To operate the DTRS, RailCorp will have a Telecommunication Licence and so will have certain
rights under the relevant Commonwealth Legislation. In particular, RailCorp will be able to install
low impact facilities without reference to local or state approvals processes.
However, the Telecommunications (Low-impact Facilities) Determination 1997 defines a low
impact facility as:
Panel, Yagi or other like antenna:
(a)
Not more than 2.8 metres long; and
(b)
If the antenna is attached to a structure — protruding from the structure by not more than
three metres.
Page 19 of 78