Document ID: chunk:federal_register_of_legislation:C2005A00104:clause:3a_9
Version: federal_register_of_legislation:C2005A00104
Segment Type: clause
Provision Reference: sch 3A cl 9
Character Range: 14992–17321

9  Area of a protection zone

Area is as set out in this clause unless declaration specifies otherwise

 (1) Unless the ACA specifies otherwise in the declaration of a protection zone, the protection zone in relation to:
 (a) one submarine cable—is the area set out in subclause (2); and
 (b) more than one submarine cable—is the area set out in subclause (4).

Protection zone in relation to only one submarine cable

 (2) The protection zone in relation to one submarine cable:
 (a) consists of so much of the following as is Australian waters:
 (i) the area within one nautical mile either side of the points on the surface of the sea above the nominal location of the cable; and
 (ii) the waters beneath that area; and
 (b) the seabed and subsoil beneath that area.

Note: If a cable leaves one area of Australian waters and subsequently enters another area of Australian waters, subclause (2) has the effect that the protection zone in relation to that cable covers both areas of Australian waters.

 (3) A declaration of a protection zone in relation to one submarine cable has no effect to the extent that it covers an area outside the area described in subclause (2).

Protection zone in relation to more than one submarine cable

 (4) The protection zone in relation to more than one submarine cable:
 (a) consists of so much of the following as is Australian waters:
 (i) the area between the nominal location of the cables; and
 (ii) the area within one nautical mile from the outside edge of the points on the surface of the sea above the nominal location of each of the two outermost cables; and
 (iii) the waters beneath those areas; and
 (b) the seabed and subsoil beneath those areas.

Note: If a cable leaves one area of Australian waters and subsequently enters another area of Australian waters, subclause (4) has the effect that the protection zone in relation to that cable covers both areas of Australian waters.

 (5) A declaration of a protection zone in relation to more than one submarine cable has no effect to the extent that it covers an area outside the area described in subclause (4).

Nominal location

 (6) In this clause:

nominal location, of a submarine cable or cables, means the nominal location specified in the declaration of the protection zone in relation to the cable or cables.