The Mobile Carriers Forum (MCF) has today welcomed the NSW Government’s announcement that it is taking a lead on reforming its planning laws to respond to skyrocketing demand for new mobile telecommunications infrastructure and services.

As reported in today’s Australian Financial Review, the NSW Minister for Planning Tony Kelly has announced amendments to the State’s planning system to enable fast-tracked delivery of telecommunications facilities, including new mobile network towers and antennas, as well as fixed broadband infrastructure associated with the National Broadband Network.

In announcing the new rules, the Minister said “The NSW Government has acted to ensure these essential facilities can be rolled out efficiently and effectively, while still ensuring community safety and appropriate protection of the local environment and amenity.”

This new approach removes the need to lodge a time-consuming and costly development application (DA) with the local council for some specified telecommunications facilities. These mobile network facilities will still be subject to community consultation requirements.

MCF Program Manager, Matt Evans, praised the NSW Government’s vision and foresight in delivering “Australia’s leading framework for the deployment of advanced telecommunications infrastructure”.

“For many years, and with considerable effort the MCF and its members Telstra, Optus and VHA have highlighted the need for consistent planning rules across NSW’s 152 Councils. Some Councils effectively had no planning rules for mobile networks at all – until now”.

“These amendments to the State’s planning system now clear the way for improved telecommunications services to the people of NSW and represent a regulatory environment that is superior to any other Australian state.”

“The NSW Government’s approach responds to the increasing demand for new telecommunications infrastructure delivering a range of mobile broadband services such as video-conferencing, interactive services and video streaming,” Mr Evans said.

Proposed amendments to the Infrastructure State Environmental Planning Policy (SEPP) were publicly exhibited last year along with a draft Telecommunications Guideline.

The exhibited drafts outlined the types of infrastructure that, subject to strict criteria, could be processed as “exempt” or “complying” development. Under the new measures, all new telecommunications facilities in NSW must be consistent with a set of principles covering issues such as site selection, design, construction and operation.

A number of changes were made in finalising the policy based on feedback received in submissions, including:

• Stronger incentives for the co-location of telecommunication towers or extension of existing facilities rather than building a new tower;
  
  
   
• Ensuring consultation is compliant with the legally-enforceable industry code requiring carriers to adequately consult local communities when new infrastructure is being planned and installed;

• Expanding the range of facilities to which visual impact restrictions apply in heritage areas;

• Emphasising health and safety requirements – with all types of exempt or complying development to meet national exposure standards as published by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA); and

• A requirement that land associated with all underground telecommunications facilities be restored to a standard comparable to its condition prior to installation.

Mr Kelly said the accessibility of high-speed internet is a critically important issue for the State’s ongoing prosperity.

“This is particularly the case in rural and regional areas where, historically, access has at times been difficult to attain.

“Under this amendment, new telecommunications towers required to deliver broadband or mobile phone access in certain rural or industrial zones would be allowed as complying development subject to amenity and safety issues like height limits and separation from residential areas.

The MCF will continue to work towards reforms in other States to provide regulatory consistency and some certainty in the planning process.