Certus Legal Group’s Dispute Resolution team has unique experience in acting for consumers with regards to the installation of telecommunications facilities and in particular, mobile phone towers. Objecting to a mobile phone tower or objecting to a mobile phone mast is a difficult process that involves overlapping areas of Commonwealth, State and Local Government laws.
While telecommunications companies need to install facilities to be able to deliver services to their customers, it is important that the rights of landowners, occupiers and local residents are respected during this process.
When installing large telecommunications facilities such as significant mobile phone towers, telecommunications companies generally need to obtain local council planning permission and comply with relevant state and territory planning laws. However, in some instances such companies may install a limited range of facilities without seeking state or territory planning approval. The most common of these are ‘low-impact facilities’.
While described as ‘low-impact’, these facilities can in practical terms be somewhat impactful upon the local community. Certain equipment is defined as low impact when it is mounted on existing structures such as buildings, poles or towers. It can also include an extension of up to five metres on an existing tower, provided the tower has not previously been extended.
The effect of a ‘low-impact’ designation is that the facility is immune from some state and territory laws, including town planning and environmental laws. This severely limits landowners, occupiers and local residents’ ability to object to the mobile phone mast or facility. Although an objection process exists within the relevant legislation, it is limited, imposes stringent timelines and difficult to follow.
Certus Legal Group’s expert dispute resolution lawyers have experience in the objection process involving ‘low-impact’ facilities. We have negotiated with telecommunications companies, objected to mobile phone towers and masts, and acted on behalf of aggrieved parties before the Telecommunications Industry Ombudsman.
Our article on how to object to a mobile phone tower contains more information.
Whether you are a landowner, occupier or concerned local resident, we can assist you to object to a mobile phone tower or object to a mobile phone mast. Contact us to speak to one of expert dispute resolution lawyers on 07 3106 3016 or by using the form on this page.
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