POLICY NO: DP&ED 3 - CL
TELECOMMUNICATIONS
POLICY
Date Resolved By Council:
27 November 2000
Commencement Date:
27 November 2000
Review Date:
Ongoing
Responsible Department:
Planning & Economic Development
This policy has been authorised and is included on Council’s Website.
Peter Brown
Chief Executive Officer
April 2003
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TELECOMMUNICATIONS POLICY
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CONTENTS
1
INTRODUCTION ...................................................................................................... 2
1.1
1.2
1.3
1.4
1.5
2
LEGISLATIVE FRAMEWORK ................................................................................. 6
2.1
2.2
3
COMMONWEALTH GOVERNMENT .............................................................. 6
STATE GOVERNMENT .................................................................................. 9
TELECOMMUNICATIONS FACILITIES POLICY STATEMENTS .......................... 10
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
4
OBJECTIVES.................................................................................................. 2
BACKGROUND .............................................................................................. 2
IMPORTANCE OF INFRASTRUCTURE ......................................................... 3
COUNCIL CONSIDERATION ......................................................................... 4
HOW TO USE THIS DOCUMENT ................................................................... 4
AIM ............................................................................................................... 10
PLANNING PERMITS ................................................................................... 10
COUNCIL OWNED LAND ............................................................................. 12
URBAN CHARACTER & AMENITY ............................................................... 14
AERIAL CABLING ......................................................................................... 19
CO-LOCATION OF FACILITIES ................................................................... 20
REDUNDANT INFRASTRUCTURE .............................................................. 17
ELECTROMAGNETIC FIELDS (EMFS)......................................................... 18
LOW IMPACT FACILITIES POLICY STATEMENTS ............................................ 19
APPENDIX I
E xt r a c t f r o m C l a u s e 6 ( 2 ) o f D i vi s i o n 3 o f S c h e d u l e 3 o f t h e
Telecommunications Act 1997
28
APPENDIX 2
E xt r a c t o f S e c t i o n s 4 2 & 4 6 t o 5 1 ( i n c l u s i ve ) o f t h e
Telecommunications Act 1997
29
APPENDIX 3
C h e c k l i s t f o r A p p l i c a t i o n s F o r P l a n n i n g A p p r o va l
35
APPENDIX 4
Application for Low-Impact Telecommunication Facilities
37
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1.
INTRODUCTION
1.1
Objectives
The objectives of this policy document are to:

Provide a consistent approach to the decision making process in relation to
all requests for consent to make a planning permit application to construct
a building or construct or carry out works for a telecommunications facility
on Council owned land.

Provide a consistent approach to the decision making process in relation to
all applications for planning permits to construct a building or construct or
carry out works for a telecommunications facility.

Consider all of the relevant issues prior to determining any application for a
planning permit, including the effect of the proposal on adjacent land, the
principles for the design, siting, construction and operation of a
telecommunications facility set out in A Code of Practice for
Telecommunications Facilities in Victoria, and the purpose of the zone or
overlay.

Encourage the siting of telecommunications facilities in appropriate
locations within the municipality.

Establish guidelines to encourage the siting and design of "low-impact"
telecommunications facilities in a manner that results in the minimal impact on
the local amenity.
1.2
Background
The modernisation of the telecommunications industry has resulted in an influx of
new infrastructure requirements in Moreland. The growth of the mobile (cell)
telephone networks and cable (pay) television has led to an increase in demand
for additional telecommunications facilities, including: transmission towers,
antennae, cables, poles, satellite dish and associated structures (e.g. roadside
cabinets, pillars and equipment sheds).
This in turn has led to increasing community concern over the proliferation of
telecommunications infrastructure and the resulting impacts upon urban amenity,
environmental quality and the potential for public health and safety issues with
regard to electromagnetic fields. In response to these concerns and the wider
community interest in public amenity, the council has prepared this policy to
guide the development of the telecommunications industry in Moreland.
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Formed in 1994 following the amalgamation of the former Cities of Brunswick,
Coburg and Broadmeadows, Moreland City Council has a long history with the
issues surrounding telecommunications facilities. Coburg and Brunswick were
key members of the successful coalition that succeeded in stopping the proposed
overhead Brunswick to Richmond High Voltage Powerline, persuading the State
government of the day and the power companies of the benefits of relocating the
lines underground. This commitment continues today and is reflected in the
policies of the new council, including the Relocating Overhead Cables Strategy
and the Strategy for Reducing Human Exposure to Electromagnetic Fields.
Moreland City Council is also a member of the Cables Down Under Coalition.
1.3
Importance Of Infrastructure
The Commonwealth Government has established a legislative and policy
framework to ensure that there is consistency across the nation in the provision
of telecommunications infrastructure. This has led to many facilities being
exempted from state legislation (including the need to obtain a planning permit).
Council is mindful of the importance of new technology and infrastructure,
particularly in regard to the provision of an effective state wide
telecommunications network. The Moreland City Plan sets the Council's strategic
direction for urban development and states that it is the Council’s aim:
To ensure the provision of safe, effective and reliable telecommunications
services.
Moreover, the Moreland City Plan recognises the importance of new
telecommunications infrastructure being developed in a manner that respects the
environmental, economic and social considerations of the City:
Environmental Perspective
The design and management of telecommunications facilities have
environmental implications for the use of natural resource, greenhouse
emissions, visual amenity, pollution control and landscape disturbance.
Economic Perspective
Telecommunications facilities are important in sustaining residential, commercial
and industrial urban development. Substantial costs are involved in upgrading
and maintaining existing infrastructure. Such costs must have regard to
environmentally sustainable objectives. Changes in technology, particularly
telecommunications, will continue to have major impacts on competitiveness.
Social Perspective
Telecommunications facilities are essential elements that enable social
interaction, promote community safety and create comfortable living
environments. Poorly managed infrastructure has implications for our health,
safety and quality of life.
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1.4
Council Consideration
The Council’s role in the decision making process concerning the installation and
use of telecommunications facilities falls into three (3) categories:

Responsible Authority:
As Responsible Authority, the Council is charged with administering the
Moreland Planning Scheme; where a planning permit is required, the
Council as Responsible Authority must give consideration to those matters
specified in the planning scheme, the Planning and Environment Act 1987
and the Code of Practice for Telecommunications Facilities in Victoria
March 1999.

Public Land Manager:
In the case of public land vested in the authority of the Council, the Council
as public land manager has a duty to ensure the responsible management
of the land and protection of its assets. Additionally, Council must consent
to any application for a planning permit being made to install
telecommunications facilities on public land that it manages and must be
notified of any low-impact facility activity to be carried out on its land.

Local Governance:
In addition to the above, as a democratically elected body, the Council has an
obligation to represent and meet the needs of the local community.
1.5
How To Use This Document
This document must be read in conjunction with the Telecommunications Code of
Practice 1997 (Commonwealth), Moreland Planning Scheme and the
incorporated document: A Code of Practice for Telecommunications Facilities in
Victoria March 1999. Where there is any inconsistency, the Commonwealth
legislation prevails. Local planning policy cannot introduce more stringent
requirements than those set out in the State Government Code of Practice.
1.5.1
Planning Permit Required
This document is to provide a clear statement of the Council's policy in
assessing applications for planning permits to construct a building or
construct or carry out works for a telecommunications facility. The
following Chapter (Legislative Framework) summarises the legislation
requirements that specify when a planning permit is required to
construct a building or construct or carry out works for a
telecommunications facility. Chapter 3 provides details on the Council's
policy in terms of the issues pertaining to telecommunications facilities.
Applicants should read it prior to submitting any application.
1.5.2
No Planning Permit Required
Chapter 4 outlines the Council's policy on the preferred design, location
and type of facilities that do not require a planning permit. It is envisaged
that Council can reach agreement with the telecommunications carriers
to ensure that new facilities are provided in a manner that is sympathetic
to the local urban environment.
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2.
LEGISLATIVE FRAMEWORK
2.1
Commonwealth Government
The Commonwealth instruments for guiding the development and
regulation of the national telecommunications industry are the:

Telecommunications Act 1997

Telecommunications (Low-impact Facilities) Determination 1997

Telecommunications Code of Practice 1997
2.1.1
Telecommunications Act 1997
The primary purpose of the Telecommunications Act 1997 (the
Act) is to provide a regulatory framework that promotes:
(a)
The long term interests of end-users of carriage services or
of services provided by means of carriage services; and
(b)
The efficiency and international competitiveness of the
Australian telecommunications industry.
The secondary objective of the Act relating specifically to siting,
design and location of telecommunications facilities is:
(i)
To promote the placement of lines underground, taking into
account economic and technical issues, where placing such
lines is supported by the affected community.
Under the Act, telecommunications carriers are exempted from
State planning laws in three instances:

Firstly, there are exemptions for inspection of land,
maintenance of facilities, installation of low impact facilities,
subscriber connections and temporary defence facilities.
These exemptions are detailed in the Telecommunications
(Low Impact Facilities) Determination 1997 and are subject
to the Telecommunications Code of Practice 1997.

Secondly, there is a limited case-by-case appeals process to
cover the installation of facilities in situations of national
significance.

Thirdly, there will be continuation of some specific powers
and immunities from the previous Telecommunications Act
1991.
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The Act also requires telecommunications carriers to co-locate
mobile facilities on radiocommunications towers and sites and
facilities in ducts, unless it is not feasible to do so. Currently there
is no definition of "co-location". A proposed amendment to the
Telecommunications (Low-impact Facilities) Determination 1997
seeks to rectify this omission to:
"... Describe one or more facilities as 'co-located' with an original
facility (defined below) if the addition to the original facility is
located physically on or within the infrastructure of that original
facility. Further, any addition of this type to an original facility
constitutes co-location, irrespective of whether or not the addition
is to the carrier's own facility or the facility of another carrier. A colocated facility is not a second facility located in proximity to an
original facility.
An original facility only includes

Any facility in place at the time this variation to the
Determination takes effect; or

Any such facility installed after this variation takes effect by means
other that co-location.
2.1.2
Telecommunications (Low-impact Facilities) Determination
1997
The Telecommunications (Low-impact Facilities) Determination
1997 contains a list of the telecommunications facilities and
activities that are deemed to be essential to maintaining
telecommunications networks but are unlikely to cause significant
community disruption during their installation or operation. The list
includes radio communications facilities, underground and above
ground housings, underground cable facilities and payphones,
which are limited by general size and location conditions.
In response to a number of definitional problems creating
uncertainty with stakeholders as to whether particular
telecommunications facilities were being installed in compliance
with
the
regulatory
arrangements,
the
Minister
for
Communications, Information Technology and the Arts directed
that a review of the Telecommunications (Low-impact Facilities)
Determination 1997 be undertaken to clarify the objectives of the
Determination. The Determination was amended in August 1999
as a result.
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2.1.3
Telecommunications Code of Practice 1997
The Telecommunications Code of Practice 1997 regulates the
telecommunications facilities that remain under Commonwealth
jurisdiction, including:

The Inspection of Land;

Subscriber Connections;

Low-impact Facilities;

Temporary Defence Facilities; and the

Maintenance of Facilities.
The Code of Practice covers the following requirements under
each activity:1

Carrier Conduct (Parts 2 and 3);

Notification to the Nature Conservation Director, Heritage
Chairperson and Environment Secretary (Part 4 except for
Subscriber connection where it is Part 6); and

Notification to Landowner and Occupier (Part 5, except for
Subscriber connection where it is Part 7).
In each Chapter, Part 2 repeats (for ease of reader reference)
relevant general conduct provisions, from Part 1 of Schedule 3 to
the Act. The main features of Part 2 of the Code are:

Carriers are required to do as little damage as practicable
and undertake restoration of land;

Carriers are to comply with relevant industry standards and
international agreements;

Carriers are to maintain records;

Carriers must take all reasonable steps to co-locate and cooperate with other carriers and public utilities for installation
activities.
The main feature of the notification to the Nature Conservation
Director, Heritage Chairperson and Environment Secretary section
is to ensure that:

The carriers must notify the Nature Conservation Director,
Heritage Chairperson and Environment Secretary at least 10 days
before the commencement of an activity where it is to be
undertaken on, or have an effect on, a designated area;
1
Telecommunications Code of Practice 1997 - Explanatory Statement
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The main features of the notification to landowner and occupier
section are that:
2.2

Carriers must notify landowners and occupiers at least 10
business days before engaging in an activity (for low-impact
facilities, managers of public land are treated as a landowner
or occupier and must also be notified);

The landowner or occupier has the opportunity to object to
the activity and the carrier is required to resolve the objection
by agreement;

If there is an objection, then the objection can be referred to
the Telecommunications Industry Ombudsmen.
State Government
2.2.1
A Code of Practice for Telecommunications in Victoria 1999
The State Government has produced A Code of Practice for
Telecommunications Facilities in Victoria March 1999 which is an
incorporated document in all planning schemes in the state.
The purpose of the Code of Practice is to:
2.2.2

Set out the circumstances and requirements under which
land may be developed for a telecommunications facility
without the need for a planning permit.

Set out the principles for the design, siting, construction and
operation of a telecommunications facility, which a
responsible authority must consider when deciding on an
application for a planning permit.
Victorian Planning Provisions - State Planning Policy
Framework
Clause 18-13 of all planning schemes in Victoria sets out the State
Government Policy in relation to telecommunications facilities. The
objective of this policy is:
To recognise the importance of telecommunications to all aspect
of modern life and the essential and beneficial contribution of
modern telecommunications facilities to local communities and the
State and national economy.
Clause 18.13-2 outlines the general implementation of this policy:
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Planning decision should recognise that telecommunications is an
essential utility service and, in particular, should:

Facilitate
the
upgrading
telecommunications facilities.

Ensure that modern telecommunications facilities are widely
accessible to business, industry and the community.

Facilitate the orderly growth of telecommunications by
recognising that new communications technology needs to
meet the continuous and growing demand for better
communications and multi-media facilities in business,
domestic, entertainment and community services.

Reflect the economic contribution of telecommunications
through improvements in business and industrial technology,
rapid communication, and helping business and industry
remain competitive and provide increased employment
opportunities.
and
maintenance
of
Planning schemes should not prohibit the use of land for a
telecommunications facility in any zone. Planning decisions should
reflect a reasonable balance between the provision of important
telecommunications services and the need to protect the
environment
from
adverse
impacts
arising
from
telecommunications infrastructure.
Planning decisions should reflect the national implications of a
telecommunications network and the need for consistency in
infrastructure design and placement.
A Code of Practice for Telecommunications Facilities in Victoria
should be used in the consideration of applications for the use and
development of telecommunications facilities and sites.
2.2.3
When is a Planning Permit Required?
The permit provisions for the installation and operation of
telecommunications facilities are provided for under Clause 52.192 of the State section of the planning scheme, which reads:
A permit is required to construct a building or construct or carry out
works for a Telecommunications facility.
This does not apply to:
Buildings and works associated with:

A low-impact facility as described in the Telecommunications
(Low-impact) Facilities Determination 1997.

The inspection and maintenance of a telecommunications
facility as defined in the Telecommunications Act 1997
(Cwth).
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3.

A facility authorised by a Facilities Installation Permit issued
under the Telecommunications Act 1997 (Cwth).

A temporary defence facility.

The connection of a building, structure, caravan or mobile
home to a Telecommunications line forming part of a
Telecommunications network.

Any Telecommunications facility described in A Code of
Practice for Telecommunications Facilities in Victoria which
complies with the requirements of the Code.

Buildings and works associated with activities which are:

Authorised under Clause 6(2) of Division 3 of Schedule 3 of
the Telecommunications Act 1997 (Cwth) (attached as
Appendix I).

Carried out by bodies listed in Sections 46 to 51 (inclusive)
of the Telecommunications Act 1997 (Cwth) pursuant to
legislation applying to those bodies (attached as Appendix
2).
TELECOMMUNICATIONS FACILITIES POLICY STATEMENTS
3.1
Aim
Council seeks to ensure that the installation and operation of telecommunications
facilities in Moreland does not detract from the local amenity nor lead to any
detrimental environmental, health, social or economic effects on the local
community.
3.2
Planning Permits
3.2.1
General Considerations
All applications to construct a building or construct or carry out works for
a telecommunications facility will be assessed on the merits of the
individual case.
In assessing an application for a planning permit, the Council, as
Responsible Authority, is obliged to give consideration to:
Provisions under Section 60 of the Planning and Environment Act 1987:

All objections and other submissions which it has received and
which have not been withdrawn; and

Any decision and comments of a referral authority which it has
received; and
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
Any significant effects which the responsible authority considers
the use or development may have on the environment or which the
responsible authority considers the environment may have on the
use or development; and

If the circumstances appear to so require, may consider—

Any significant social and economic effects of the use or
development for which the application is made; and

Any strategic plan, policy statement, code or guideline which
has been adopted by a Minister, government department,
public authority or municipal council; and

Any amendment to the planning scheme which has been
adopted by a planning authority; and

Any other relevant matter.
Provisions under Clause 65 of the Moreland Planning Scheme:

The matters set out in Section 60 of the Act

The State Planning Policy Framework and the Local Planning
Policy Framework, including the Municipal Strategic Statement and
local planning policies

The purpose of the zone, overlay or other provision.

Any matter required to be considered in the zone, overlay or other
provision.

The orderly planning of the area.

The effect on the amenity of the area.

The proximity of the land to any public land.

Factors likely to cause or contribute to land degradation, salinity or
reduce water quality.

Whether the proposed development is designed to maintain or
improve the quality of stormwater within and exiting the site.

The extent and character of native vegetation and the likelihood of
its destruction.

Whether native vegetation is to be or can be protected, planted or
allowed to regenerate.

The degree of flood, erosion or fire hazard associated with the
location of the land and

The use, development or management of the land so as to
minimise any such hazard.
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Provisions under Clause 52.19-6 of the Moreland Planning Scheme:
3.2.2

The principles for the design, siting, construction and operation of
a Telecommunications facility set out in A Code of Practice for
Telecommunications Facilities in Victoria.

The effect of the proposal on adjacent land.

If the Telecommunications facility is located in an Environmental
Significance Overlay, a Vegetation Protection Overlay, a
Significant Landscape Overlay, a Heritage Overlay, a Design and
Development Overlay or an Erosion Management Overlay, the
decision guidelines in those overlays and the schedules to those
overlays.
Policy Issues
In addition to the above, Council will take the following specific
considerations into account when assessing any application for a
planning permit to construct a building or construct or carry out works for
a telecommunications facility: urban character and amenity, aerial lines,
co-location of facilities, removal of redundant facilities and
electromagnetic fields (EMFs). The following policy statements will
address these issues in detail.
3.3
Council Owned Land
3.3.1
Policy Basis
Council reserves and areas of open space tend to be preferred locations
for the installation of telecommunications towers and other larger
telecommunications facilities. Clause 52.19-3 of the Moreland Planning
Scheme (Land in Public Ownership) requires that:
An application for a permit on land in a public land zone by a person
other than the relevant public land manager, must be accompanied by
the written consent of the public land manager, indicating that the public
land manager consents generally or conditionally either:

To the application for permit being made.

To the application for permit being made and to the proposed use
or development.
Council needs to establish a consistent approach to deal with such
requests to make a planning permit application with respect to installing
telecommunications facilities on its land.
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3.3.2
3.3.3
Objectives

To provide a consistent approach to the decision making process
in relation to requests for consent to make a planning permit
application for the installation of telecommunications facilities on
Council owned/managed land.

To ensure that the use of Council land is not prejudiced by the
installation and or use of telecommunications facilities.

To ensure that telecommunications facilities are established in
appropriate locations that will not detract from the amenity and or
use of the surrounding land.
Policy
It is policy that in considering any request for a permit application being
made to construct a building or construct or carry out works for a
telecommunications facility on public land within a public land zone, the
Council will have regard to the following matters:

The application must be accompanied by the material set out in
Appendix 4.

The need for the facility and any alternatives to supply that need,
including viable and practicable alternative locations that would
result in the proposed facility being more compatible to
surrounding landuse, scale and character.

The impact of the proposed facility on the primary use of the land.

Whether the proposed facility will conflict with the use of the land
for a public purpose.

The impact of the proposed facility on Council’s ability to utilise the
site.

The proposed location of the facility on the land.

The community benefit of the proposal.

The community return from the provision of additional community
infrastructure.

Details of proposed and actual electromagnetic field (EMF)
readings and proposed measures to be taken to fulfil the principles
of prudent avoidance.

Details of any infrastructure that would be made redundant by the
installation of the new facilities and the undertaking to remove the
redundant infrastructure.

Infrastructure specifications including compliance with best
practice and the commitment of the telecommunications carrier to
install “latest available” technology specifications to minimise the
impact of the proposal.
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
Any strategic review undertaken to identify appropriate reserves
and open spaces for the location of high impact
telecommunications facilities.

Any strategy or policy that the Council as public land manager
must consider, including the Moreland Open Space Strategy and
the Moreland Leisure Plan.

Views of the general public on applications where there is potential
for significant detriment from applications in a public use zone
Following the consideration of the foregoing matters, the Council may
consent generally or conditionally or may refuse to consent to the
application being made. Consent, whether general or conditional to an
application being made does not imply consent to the grant of a planning
permit.
Council may require the Carrier to enter into a commercial lease for the
use of the land associated with the proposal.
3.4
Urban Character & Amenity
3.4.1
Policy Basis
The Moreland City Plan identifies the need to generate a greater feeling
of attractiveness in the municipality and therefore increase its appeal as
a place to live, work and visit. A significant component of this aim is the
preservation of the existing urban amenity of the City while ensuring new
developments and infrastructure provision makes a positive response to
the surrounding urban character.
It is noted that the need to develop an extensive and reliable
telecommunications network will lead to increased pressures to locate
new facilities in all areas of the municipality. Council is committed to
enabling such telecommunications coverage in a manner that is
conducive to protecting the amenity of the City’s residents.
3.4.2
Objectives

To ensure that the provision of new telecommunications facilities
are respectful to the amenity of the existing neighbourhood.

To encourage innovative designs which make use of best practice
principles to make a positive contribution to the character of the
area.

To minimise the removal and excessive lopping of existing
vegetation and street trees.

To promote the inclusion of urban design elements, street
furniture, public art, street trees and landscaping to soften the
impact of new infrastructure programs.
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3.4.3
Policy
It is policy that the following matters are taken into account when
considering applications to construct a building or construct or carry out
of works for a telecommunications facility or changes to an existing
facility:
3.5

The objectives of the Moreland Urban Character Statement.

The location of the proposed facility and its relation to the urban
character value of the area, including the protection of significant
views and vistas in the public realm.

Details of how the proposed facility will respond to the existing
geometry and materials of the underlying character of the area.

The technical specifications of the proposed facility and their
compliance with best practice principles.

The use of "latest available" technology to ensure that facilities are
designed and sited so as to minimise their visual intrusion.

The impact of the proposed facility on existing vegetation and
street trees.

Details of any landscaping or other screening devices that are
associated with the proposed facility.

Details of any landscaping measures, public art, street furniture or
other screening devices associated with the proposed facility.

The proximity of the proposed facility to residential properties.

The existence of open space in the vicinity of the proposed facility
and the impact on the amenity and primary use of the open space.

The existence of viable and practicable alternative locations that
would result in the proposed facility being more compatible to
surrounding landuse, scale and character.
Aerial Cabling
3.5.1
Policy Basis
The existence of above ground infrastructure such as overhead cabling
results in a significant detraction from the local amenity. The Moreland
City Plan 2000 has a stated commitment to the phasing out of overhead
cables. Moreover, the Council has recently adopted a Relocating
Overhead Cables Strategy and a Strategy for Reducing Human
Exposure to Electromagnetic Fields. Moreland city Council is a member
of the Cables Down Under Coalition.
The foregoing initiatives have identified the significant benefits regarding
the undergrounding of aerial cabling. Additionally, it is a stated objective
of the Telecommunications Act 1997 to promote the placement of lines
underground. The approval of new aerial cabling would be contradictory
to the Council's efforts to have existing cables relocated underground.
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3.5.2
3.5.3
Objectives

To further the Council's broader objective of relocating existing
aerial cables underground.

To restrict the proliferation of new aerial cabling within the
municipality.
Policy
It is policy that Council will encourage the relocation of aerial cabling
underground.
It is policy that the following matters are taken into account when
considering applications to construct a building or construct or carry out
works for overhead cabling:

The recommendations contained in the Strategy for Reducing
Human Exposure to Electromagnetic Fields.

The objectives of the Relocating Overhead Cables Strategy.

The viability of placing cables underground.

The impact of the proposal on any program in place to relocate
existing cables underground.
3.6
Co-Location Of Facilities
3.6.1
Policy Basis
The proliferation of new telecommunications infrastructure in some areas may
lead to a detrimental cumulative impact on amenity of the local area and
may result in excessive public exposure to electromagnetic fields.
3.6.2
Objectives

To limit the impact of a cumulative build up of telecommunications
facilities on the local amenity.

To ensure that the cumulative build up of telecommunications
facilities does not result in excessive public exposure to
electromagnetic fields.

To maximise the opportunity for co-locating facilities within the
municipality.
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3.6.3
Policy
It is policy that when considering applications to construct a building or
construct or carry out of works for a telecommunications facility or
changes to an existing facility, Council will take into consideration the
following:

The location, number and type of existing telecommunications
facilities within close proximity to the subject site.

The cumulative measurement of electromagnetic fields (EMFs).

The opportunities for co-locating telecommunications facilities.

The opportunities for co-locating telecommunications facilities with
other infrastructure elements, including: street lighting, advertising
signs, traffic lights and poles.
3.7
Redundant Infrastructure
3.7.1
Policy Basis
The competitive nature of the telecommunications industry will lead to
the introduction of new carriers and the inevitable decline of others.
Coupled with the dynamics of infrastructure provision, there is potential
for a resulting proliferation of redundant telecommunications facilities
within the municipality. It is considered that where new infrastructure
results in a net decrease in the number of facilities required, the carrier
should undertake to remove all redundant facilities.
3.7.2
3.7.3
Objectives

To protect the urban environment from the proliferation of
redundant telecommunications facilities.

To encourage the use of new technology to reduce the number
and scale of telecommunications facilities.

To eliminate any infrastructure made redundant by the introduction
of new technology.

To ensure that infrastructure made redundant by the collapse of a
carrier's business is either utilised by another carrier or removed.
Policy
It is policy that the following matters are taken into account when
considering applications to construct a building or construct or carry out
of works for a telecommunications facility or changes to an existing
facility:

The potential to reduce the number of facilities.

The levels of technology available to reduce the necessity for new
infrastructure.
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3.8

The potential to remove other infrastructure made redundant from
the location of the proposed new facility.

The availability of existing infrastructure to meet the infrastructure
requirements of the carrier.

Any commitment made by the carrier to remove infrastructure
made redundant either by new technology or the collapse of the
carrier's business.
Electromagnetic Fields (EMFs)
3.8.1
Policy Basis
Electromagnetic fields (EMFs) result from the flow of current along wires
and cables and are generated deliberately in the case of radiowaves
from a broadcast transmitter. Specialised equipment and the reading
given in milligauss (mG) can measure the strength of EMFs.2
Recognising that there is significant uncertainty about electromagnetic
fields (EMFs) and human health, Council has adopted a Strategy for
Reducing Human Exposure to Electromagnetic Fields, which promotes a
policy of "prudent avoidance" and sets a goal of progressively reducing
ambient residential exposure to electromagnetic fields.
It is noted that there is considerable debate as to what constitutes a safe
level of exposure to electromagnetic fields with some research
advocating a level that is substantially lower than the Australian
Standard (AS/NZS 2772.1:1999) and the World Health Organisation
Standard (currently measured at 1000mG). It is recognised that as
Responsible Authority, Council cannot apply a local policy specifying
electromagnetic field requirements that are more stringent than the
Australian Standard3.
3.8.2
Objectives

To ensure that the principle of prudent avoidance is applied with
the aim of reducing electromagnetic field levels in Moreland.

To encourage the renewal and or relocation of telecommunications
facilities to reduce public exposures to electromagnetic fields.

To encourage the siting and design of new telecommunications
facilities and technologies to reduce public exposure to
electromagnetic fields.

To protect sensitive areas and land uses from excessive exposure
to electromagnetic fields.
2
A.H. Doull & R. Lamb Moreland City Council Background Issues to Reducing Public Exposure to
Electromagnetic Fields September 1998.
3
A Code of Practice for Telecommunications in Victoria March 1999 & refer to
Connell Wagner Pty Ltd v Port Phillip City Council, Birrell & Ors (Appeal no. 1998/11530)
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3.8.3
Policy
It is policy that applicants be requested to provide a report with any
application for a permit to construct a building or construct or carry out
works for a telecommunications facility or changes to an existing facility,
addressing as a minimum the following:

The measures to be taken and documented to fulfil the principles
of prudent avoidance and to minimise public exposure to
electromagnetic fields (EMFs).

Projected electromagnetic field levels at 5, 10, 50, 100, 150, 300,
500 and 1000 metres from the site for the frequency allocated to
them. On completion of construction and conditioning of the
facility, a subsequent reading will be required at these ranges.

Details of the cumulative electromagnetic field levels and impact of
any existing facility within close proximity to the proposed site.
It is policy that the following matters are taken into account when
considering applications to construct a building or construct or carry out
works for a telecommunications facility or changes to an existing facility:
4.

The information contained in any report submitted in response to
the foregoing policy statement.

The recommendations contained within Council’s Strategy for
Reducing Human Exposure to Electromagnetic Fields.

The location of the proposed facility in relation to children’s
facilities (including schools, pre-schools, childcare centres).

The location of the proposed facility in relation to elderly citizens'
facilities (including nursing homes, special accommodation homes
and senior citizens' centres).

The proximity of the proposed facility to residential properties.

The existence of open space in the vicinity of the proposed facility
and the impact on the amenity and primary use of the open space.
LOW IMPACT FACILITIES POLICY STATEMENTS
4.1.1
Policy Basis
The installation of low-impact facilities on Council owned land tends to be
concentrated on footpaths and include underground ducting, installation of
aerials and cabinets. The Telecommunications Code of Practice 1997
(Commonwealth) requires that Council, as public land manager, must be
notified of the installation of low impact facilities erected on its land (Clause
4.24: Notice to owner and occupier of land). This clause provides that the
carrier is required to give at minimum ten (10) business days written notice
unless an agreement is reached on alternative notification arrangements
subject to Clause 4.28 of the Code.
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Currently, the Council's Design Services Unit or Engineering Services Branch
assess all notifications to install low-impact facilities on Council owned land,
which include the following:

Hauling of new cable in existing conduits;

Installing new pits and pillars on existing lines/conduit;

Replacing existing conduits with new conduit;

Extending conduit on existing alignment to serve new properties.
There are a number of issues that the Council needs to consider in assessing
the installation of low-impact facilities on its land, viz:
Reinstatement
The quality of any reinstatement works to roads, footpaths and nature strips
needs to comply with the Council's standards so as to provide optimum
community safety and prevent any potential liability action against the Council.
Asset Stewardship
External organisations undertaking works that involve the Council's assets
may prejudice the on-going responsibility of the Council to ensure
serviceability and maintenance of street infrastructure, street trees and
footpaths.
Siting
The siting of new infrastructure (including radio dish/antenna, pillars and
cabinets) needs to consider the provision for clear access and lines of vision
for pedestrians and cyclists and not be detrimental to the effective
management of traffic.
Community information
Knowing what is happening in the municipality helps Council to serve its
community better. Accordingly, Council needs to be aware of what works are
being undertaken by external contractors/organisations so that it is in a
position to provide accurate information to the community that it serves. There
have been examples in the past of "bogus contractors" taking advantage of
members of the community.
Co-ordination of Works
It is in the best interests of all parties if works can be co-ordinated so as to
avoid unnecessary repetition, particularly where the works involve substantial
disruption to community services (i.e. road closures and resurfacing).
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Urban Design
Street infrastructure needs to be designed and located so as to avoid clutter
and to ensure that urban design themes are maintained to enhance the
amenity of the urban environment.
Cumulative Effect
The effect of locating a number of low-impact facilities in one location may in
fact render the collective infrastructure anything but low-impact.
Redundant Infrastructure
Council has a duty to ensure that its streets are not cluttered with excessive
and redundant infrastructure. All street infrastructure needs to be recorded
and monitored so that street audits can identify redundant structures for
removal.
Response Time
Council is mindful of the telecommunications carriers being desirous of
reduced lead times with regard to the notification periods required under the
Code. Moreover, the notification of the installation of low impact facilities on
Council owned land is a laborious and time-consuming function of the Council.
It is recognised that there is opportunity for streamlining the referral process to
benefit all parties. Such agreement could be formalised in a memorandum of
understanding between the stakeholders to address the foregoing issues.
4.1.2
Objectives

To provide a consistent approach to the decision making process in
relation to all notifications to construct a building or construct or carry out
works for low-impact telecommunications facilities on Council owned
land.

To consider all of the relevant issues prior to responding to notifications
to construct a building or construct or carry out works for low-impact
telecommunications facilities on Council owned land.

To ensure that the siting and location of low-impact telecommunications
facilities does not adversely affect the Council's assets.

To encourage the siting of low-impact telecommunications facilities in
appropriate locations within the municipality.

To establish guidelines to encourage the siting and design of "lowimpact" telecommunications facilities in a manner that results in the
minimal impact on the local amenity.

To streamline the process of responding to notifications to construct a
building or construct or carry out works for low-impact
telecommunications facilities on Council owned land.
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4.1.3
Policy
It is policy that in considering any notice served under Clause 17 of Schedule
3 of the Telecommunications Act 1997 regarding the installation of low-impact
facilities, Council will have regard to the following matters:

The location of the proposed facility and its relationship to the existing
streetscape elements.

The location of the proposed facility and its impact on traffic
management.

The design and location of the proposed facility and its relationship to
existing urban design themes.

The potential to rationalise the number and type of facilities.

The availability of existing infrastructure and the potential to co-locate
facilities.

The potential to co-ordinate activities within the Council work program or
that of other carriers and or service authorities.
It is policy that Council will seek to enter into an agreement with the
telecommunications carriers to streamline the referral process with the aims
of:

Addressing the issues outlined within the foregoing section 4.1.1 Policy
Basis;

Reducing lead times; and

Establishing
siting
and
design
guidelines
for
low-impact
telecommunications facilities to ensure that there is minimal impact on
the local amenity.

Establishing
siting
and
design
guidelines
for
low-impact
telecommunications facilities to ensure that there is minimal impact on
the local community.
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APPENDIX I
E X TR AC T F R O M C L AU S E 6 ( 2 ) O F D I V I S I O N 3
O F S C H E D U L E 3 O F TH E
TE L E C O M M U N I C ATI O N S AC T 1 9 9 7
The following is an extract from Clause 6:
6
Installation Of Facilities
(1)
A carrier may, for purposes connected with the supply of a carriage service, carry
out the installation of a facility if:
(a)
The carrier is authorised to do so by a facility installation permit; or
(b)
The facility is a low-impact facility (as defined by subclause (3)); or
(c)
The facility is a temporary facility for use by, or on behalf of, a defence
organisation for defence purposes; or
(d)
All of the following conditions are satisfied in relation to the installation
concerned:
(i)
The installation occurs before 1 July 2000;
(ii)
The installation is carried out for the sole purpose of connecting a
building, structure, caravan or mobile home to a line that forms part of
a telecommunications network;
(iii)
The whole or a part of the network was in existence at the end of 30
June 1997.
Note:
(2)
If the installation of a facility is not authorised by this clause, the
installation may require the approval of an administrative authority under
a law of a State or Territory.
If subclause (1) authorises a carrier to carry out a particular activity, the carrier
may, for purposes in connection with the carrying out of that activity:
(a)
Enter on, and occupy, any land; and
(b)
On, over or under the land, do anything necessary or desirable for those
purposes, including, for example:
Note:
(i)
Constructing, erecting and placing any plant, machinery, equipment
and goods; and
(ii)
Felling and lopping trees and clearing and removing other vegetation
and undergrowth; and
(iii)
Making cuttings and excavations; and
(iv)
Restoring the surface of the land and, for that purpose, removing and
disposing of soil, vegetation and other material; and
(v)
Erecting temporary workshops, sheds and other buildings; and
(vi)
Levelling the surface of the land and making roads.
Information correct at time of publication – reference may need to be
made to any subsequent amendments to the Telecommunications Act
1997.
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APPENDIX 2
E x t r a c t o f S e c t i o n s 4 2 & 4 6 t o 5 1 ( i n c l u s i ve )
o f t h e Te l e c o m m u n i c a t i o n s Ac t 1 9 9 7
T h e f o l l o wi n g i s a n e xt r a c t o f S e c t i o n 4 2 .
42
Network Unit Not To Be Used Without Carrier Licence Or Nominated Carrier
Declaration
(1)
(2)
(3)
(4)
(5)
Note:
If there is only one owner of a network unit, the owner of the network unit must
not use the unit, either alone or jointly with one or more other persons, to supply
a carriage service to the public, unless:
(a)
The owner holds a carrier licence; or
(b)
A nominated carrier declaration is in force in relation to the unit.
If there is only one owner of a network unit, the owner of the network unit must
not allow or permit another person to use the unit to supply a carriage service to
the public unless:
(a)
The owner holds a carrier licence; or
(b)
A nominated carrier declaration is in force in relation to the unit.
If there are 2 or more owners of a network unit, an owner of the network unit
must not use the unit, either alone or jointly with one or more other persons, to
supply a carriage service to the public, unless:
(a)
The owner holds a carrier licence; or
(b)
A nominated carrier declaration is in force in relation to the unit.
If there are 2 or more owners of a network unit, an owner of the network unit
must not, either alone or together with one or more other owners, allow or permit
another person to use the unit to supply a carriage service to the public unless:
(a)
The owner holds a carrier licence; or
(b)
A nominated carrier declaration is in force in relation to the unit.
A person who intentionally or recklessly contravenes subsection (1), (2), (3) or (4)
is guilty of an offence punishable on conviction by a fine not exceeding 20,000
penalty units.
See also sections 4AA and 4B of the Crimes Act 1914.
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T h e f o l l o wi n g i s a n e xt r a c t o f S e c t i o n s 4 6 t o 5 1 ( i n c l u s i ve )
46
Exemption—Intelligence Operations
Section 42 does not apply to a network unit that is used wholly or principally:
47
(a)
By the Australian Secret Intelligence Service; or
(b)
By the Australian Security Intelligence Organisation.
Exemption—Transport Authorities [see Note 2]
(1)
Section 42 does not apply to a network unit if the sole use of the unit is use by
Airservices Australia to carry communications necessary or desirable for the
workings of aviation services.
(2)
Section 42 does not apply to a network unit if the sole use of the unit is use by
the Australian National Railways Commission to carry communications necessary
or desirable for the workings of train services.
(3)
Section 42 does not apply to a network unit if the sole use of the unit is use by a
State or Territory transport authority to carry communications necessary or
desirable for the workings of any or all of the following services:
(a)
Train services of a kind provided by the authority;
(b)
Bus or other road services of a kind provided by the authority;
(c)
Tram services of a kind provided by the authority.
(4)
Section 42 does not apply to a network unit if the sole use of the unit is use by a
rail corporation to carry communications necessary or desirable for the workings
of train services.
(5)
Section 42 does not apply to a network unit if:
(6)
(a)
The principal use of the unit is use by Airservices Australia to carry
communications necessary or desirable for the workings of aviation
services; and
(b)
The remaining use of the unit is use by one or more carriers, or by one or
more exempt network-users, to supply carriage services and/or content
services.
Section 42 does not apply to a network unit if:
(a) The principal use of the unit is use by the Australian National Railways
Commission to carry communications necessary or desirable for the workings of
train services; and
(b)
The remaining use of the unit is use by one or more carriers, or by one or
more exempt network-users, to supply carriage services and/or content
services.
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(7)
Section 42 does not apply to a network unit if:
(a)
(b)
(8)
(9)
The principal use of the unit is use by a State or Territory transport
authority to carry communications necessary or desirable for the workings
of any or all of the following services:
(i)
Train services of a kind provided by the authority;
(ii)
Bus or other road services of a kind provided by the authority;
(iii)
Tram services of a kind provided by the authority; and
The remaining use of the unit is use by one or more carriers, or by one or
more exempt network-users, to supply carriage services and/or content
services.
Section 42 does not apply to a network unit if:
(a)
The principal use of the unit is use by a rail corporation to carry
communications necessary or desirable for the workings of train services;
and
(b)
The remaining use of the unit is use by one or more carriers, or by one or
more exempt network-users, to supply carriage services and/or content
services.
In this section:
Rail Corporation means a body corporate that manages or operates either or
both of the following:
48
(a)
Rail transport services;
(b)
Rail transport infrastructure.
Exemption—Broadcasting Services
(1)
If:
(a)
(b)
(c)
The sole use of a network unit is use to carry communications that are
necessary or desirable for either or both of the following purposes:
(i)
The supply of broadcasting services to the public;
(ii)
The supply of a secondary carriage service by means of the main
carrier signal of a primary broadcasting service; and
The unit does not consist of, or include, a facility used to carry
communications between:
(i)
The head end of a cable transmission system; and
(ii)
The equipment used by an end-user to receive a broadcasting
service; and
The unit does not consist of a broadcasting transmitter transmitting a signal
of a broadcasting service to its intended audience; section 42 does not
apply to the unit.
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(2)
If:
(a)
(b)
The principal use of a network unit is use to carry communications that are
necessary or desirable for either or both of the following purposes:
(i)
The supply of broadcasting services to the public;
(ii)
The supply of a secondary carriage service by means of the main
carrier signal of a primary broadcasting service; and
The unit does not consist of, or include, a facility used to carry
communications between:
(i)
The head end of a cable transmission system; and
(ii)
The equipment used by an end-user to receive a broadcasting
service; and
(c)
The unit does not consist of a broadcasting transmitter transmitting a signal
of a broadcasting service to its intended audience; and
(d)
The remaining use of the unit is use by one or more carriers, or by one or
more exempt network-users, to supply carriage services and/or content
services; section 42 does not apply to the unit.
(3)
If the sole use of a line link is use for the purpose of a re-transmission of a kind
mentioned in paragraph 212(1)(a) or (b) of the Broadcasting Services Act 1992,
section 42 of this Act does not apply to the line link.
(4)
If:
(5)
(a)
The principal use of a line link is use for the purpose of a re-transmission of
a kind mentioned in paragraph 212(1)(a) or (b) of the Broadcasting
Services Act 1992; and
(b)
The remaining use of the line link is use by one or more carriers, or by one
or more exempt network-users, to supply carriage services and/or content
services; section 42 of this Act does not apply to the line link.
In this section:
Broadcasting transmitter means a radiocommunications transmitter used, or
for use, to deliver a broadcasting service.
Head end of a cable transmission system means a facility that:
(a)
Is connected to a line link; and
(b)
Is used, or for use, in connection with the delivery of a broadcasting
service; and
(c)
Processes signals for delivery by the line link to end-users having
equipment appropriate for receiving the service.
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49
Exemption—Electricity Supply Bodies
(1)
(2)
If the sole use of a network unit is use by an electricity supply body to carry
communications necessary or desirable for:
(a)
Managing the generation, transmission, distribution or supply of electricity;
or
(b)
Charging for the supply of electricity; section 42 does not apply to the unit.
If:
(a)
(b)
(3)
The principal use of a network unit is use by an electricity supply body to
carry communications necessary or desirable for:
(i)
Managing the generation, transmission, distribution or supply of
electricity; or
(ii)
Charging for the supply of electricity; and
The remaining use of the unit is use by one or more carriers, or by one or
more exempt network-users, to supply carriage services and/or content
services; section 42 does not apply to the unit.
In this section:
Electricity supply body means an authority, or a body corporate, that carries on
a business, or performs a function, of:
50
(a)
Generating, transmitting, distributing or supplying electricity; or
(b)
Managing the generation, transmission, distribution or supply of electricity.
Exemption—line links authorised by or under previous laws
(1)
(2)
If:
(a)
A line link consists of facilities in relation to which an authorisation was in
force under paragraph 13(1)(a) of the Telecommunications Act 1975
immediately before the repeal of that Act; and
(b)
The sole use of the line link is use as provided in, and in accordance with
any conditions specified in, the authorisation; section 42 of this Act does
not apply to the line link.
If:
(a)
A line link consists of facilities in relation to which an authorisation was in
force under paragraph 13(1)(a) of the Telecommunications Act 1975
immediately before the repeal of that Act; and
(b)
The principal use of the line link is use as provided in, and in accordance
with any conditions specified in, the authorisation; and
(c)
The remaining use of the line link is use by one or more carriers, or by one
or more exempt network-users, to supply carriage services and/or content
services; section 42 of this Act does not apply to the line link.
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(3)
(4)
(5)
(6)
(7)
If a line link consists of facilities that:
(a)
Were installed before the repeal of section 45 of the Telecommunications
Act 1989; and
(b)
Immediately before that repeal, were permitted by that section to be
maintained and operated; section 42 of this Act does not apply to the line
link.
If:
(a)
a line link consists of facilities in relation to which an authorisation was in
force under section 46 of the Telecommunications Act 1989 immediately
before the repeal of that Act; and
(b)
the sole use of the line link is use as provided in, and in accordance with
any conditions specified in, the authorisation; section 42 of this Act does
not apply to the line link.
If:
(a)
a line link consists of facilities in relation to which an authorisation was in
force under section 46 of the Telecommunications Act 1989 immediately
before the repeal of that Act; and
(b)
the principal use of the line link is use as provided in, and in accordance
with any conditions specified in, the authorisation; and
(c)
the remaining use of the line link is use by one or more carriers, or by one
or more exempt network-users, to supply carriage services and/or content
services; section 42 of this Act does not apply to the line link.
If:
(a)
a line link consists of facilities in relation to which an authorisation was in
force under section 108 of the Telecommunications Act 1991 immediately
before the repeal of that Act; and
(b)
the sole use of the line link is use as provided in, and in accordance with
any conditions specified in, the authorisation; section 42 of this Act does
not apply to the line link.
If:
(a)
a line link consists of facilities in relation to which an authorisation was in
force under section 108 of the Telecommunications Act 1991 immediately
before the repeal of that Act; and
(b)
the principal use of the line link is use as provided in, and in accordance
with any conditions specified in, the authorisation; and
(c)
the remaining use of the line link is use by one or more carriers, or by one
or more exempt network-users, to supply carriage services and/or content
services; section 42 of this Act does not apply to the line link.
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51
Exemption—Ministerial Determination
(1)
The Minister may, by written instrument, determine that section 42 does not apply
in relation to:
(a)
a specified network unit; or
(b)
a specified person; or
(c)
a specified use of a network unit.
(2)
A determination under this section may be unconditional or subject to such
conditions (if any) as are specified in the determination.
(3)
A determination under this section has effect accordingly.
(4)
A determination under this section is a disallowable instrument for the purposes
of section 46A of the Acts Interpretation Act 1901.
Note:
Information correct at time of publication – reference may need to be made to
any subsequent amendments to the Telecommunications Act 1997.
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APPENDIX 3
C h e c k l i s t f o r Ap p l i c a t i o n s F o r P l a n n i n g Ap p r o va l
An application for permit must be accompanied by the following information in accordance
with Clause 52.19-5 of the Moreland Planning Scheme:

A site analysis and design response explaining how the proposed facility addresses the
principles for the design, siting, construction and operation of telecommunications
facilities and the requirements in A Code of Practice for Telecommunications Facilities
in Victoria.

Site boundaries and dimensions.

The purpose and location of all buildings and works required in construction of the
facility.

The location of all existing buildings and works to be retained and demolished.

The location of all proposed buildings and works including dimensions, elevations,
materials, colours and finishes.

The location and use of all buildings on adjoining properties.

The location of all adjoining streets and access ways.

Australian Height Datum levels.

Natural drainage lines, watercourses, coastal dunes, beach systems and wetlands.

Proposals for the rehabilitation of the land on which development is to occur.

Roads and Parking areas.

Materials, landscaping, external lighting, colour and reflectivity.
In addition to the above, the Applicant is requested to submit the following information:
A report addressing as a minimum the following:

The measures to be taken to fulfil the principles of prudent avoidance and to minimise
public exposure to electromagnetic fields (EMFs).

Projected electromagnetic field (EMF) levels at 5, 10, 50, 100, 150, 300, 500 and 1000
metres from the site for the frequency allocated to them. On completion of construction
and conditioning of the facility, a subsequent reading will be required at these ranges.

Details of the cumulative electromagnetic field (EMF) levels and impact of any existing
facility within close proximity to the proposed site.

Details of proposed equipment, including statement that proposed facility is the latest
design and technology being employed by the applicant.
NOTE:
Any background information including photographs of the site and surrounding properties,
photographs of proposed equipment will be of assistance in processing applications.
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APPENDIX 4
DRAFT
APPLICATION
FACILITY
FOR
LOW-IMPACT
TELECOMMUNICATION
The following information must be provided to Council before consideration of the
use and construction of a telecommunication facility on Council owned or managed
land.
DATE:
LOCATION SOUGHT:
PROVIDER NAME:
CONTACT DETAILS:
Relevant contact person:
Address:
Phone Number:
Facsimile Number:
YOUR REFERENCE:
Section A
1.
Please provide your location plan drawn to a scale of 1:100 and in context of the
surrounding locality. The plan must be in sufficient detail to accurately identify the
distance to the nearest habitable buildings and must clearly identify its location.
2.
Please provide a list of the proposed telecommunication facilities including the
following:
Type of facility (Please tick)




Panel antenna
Omni-directional antenna
Radio communications dish
Other facilities not noted
(Please list)
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Dimensions of Facility
Height
Width
Length
Diameter
Number of Facilities of Each Type
If the facility is to be attached to a structure, a description of the structure and its
protrusion from the structure is required. Please note below.
3.
Describe the course and means by which power and communication will be brought to
the site, e.g. location and extent of any underground or overhead cabling. What are
your intended routes of access for plant and equipment?
4.
What is your proposed timeframe of works?
Section B
5.
In addition to the submission of the above plans and information the following must be
completed.
1.
Commonwealth Legislation
Is the proposed telecommunication facility to be co-located?
If not, why is it not feasible to co-locate?
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2.
State Legislation
Is the proposed telecommunication facility deemed to be a low-impact facility?
If yes, which of the following is relevant?
(Please tick)

Telecommunications (Low Impact Facilities) Determination 1997
OR

A Code of Practice for Telecommunications in Victoria
Please fill out the appropriate Part A or Part B below:
PART A – TELECOMMUNICATIONS (LOW IMPACT FACILITIES) DETERMINATION 1997
What is the designated area-type of the proposed facility in accordance with Part 2 – Areas
of the Telecommunications (Low Impact Facilities) Determination 1997?
(Please tick)





Commercial Area
Industrial Area
Residential Area
Rural Area
Area of Environmental Significance
Please note that the zoning of the subject land and the overlay controls pursuant to the
Moreland Planning Scheme will assist in the determination of the land use type.
If the following zoning or overlay applies to the subject land, the land is considered to be an
area of environmental significance:


Environmental Significance Overlay (ESO)
Heritage Overlay (HO)
If the facilities are deemed to be low-impact under the Low Impact Determination, please
identify the corresponding Item Number in accordance with the Schedule in Part 3 – Low
impact facilities.
(Eg. Item 2, Part 1 – radio facilities, proposed panel antenna that is (a) flush mounted to an
existing structure and (b) colour-matched to its background, and lies within a rural area)
If more than 1 facility is proposed please complete the above for all facilities. If you require
additional space please attach separate sheet to application.
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PART B - A CODE OF PRACTICE FOR TELECOMMUNICATIONS FACILITIES IN
VICTORIA
How does the proposed construction and operation for the telecommunication facilities
address Part 4 Principles for the Design, Siting, Construction and Operation of
Telecommunications Facilities?
Please complete the table below:
PRINCIPLE 1
Assessment
A Telecommunication Facility Should Be
Sited To Minimise Visual Impact.

On, or in the vicinity of a heritage
place, a telecommunication facility
should be sited and designed with
external colours, finishes and scale
sympathetic to those of the heritage
place. A heritage place is a heritage
place listed in the planning schedule to
the Heritage Overlay in the planning
scheme.

A telecommunication facility mounted
on a building should be integrated with
the design and appearance of the
building.

Equipment associated with the
telecommunication facility should be
screened or housed to reduce its
visibility.

The relevant officer of the responsible
authority should be consulted before
any street tree is pruned, lopped,
destroyed or removed.

A telecommunication facility should be
located so as to minimise any
interruption to a significant view of a
heritage place, a landmark, a
streetscape, vista or a panorama,
whether viewed from public or private
land.
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PRINCIPLE 2
Assessment
Telecommunication Facilities
Should Be Co-Located Wherever
Practical

Wherever practical, telecommunication
lines should be located within an
existing underground conduit or duct.

Overhead lines and antennae should
be attached to existing utility poles,
towers or other radiocommunications
equipment to minimise unnecessary
clutter.
PRINCIPLE 3
Assessment
Health standards for exposure to radio
emissions will be met.

A telecommunication facility must be
designed and installed so that the
maximum human exposure levels to
radio frequency emissions comply with
Australian Standard AS/NZS
2772.1:1999.
PRINCIPLE 4
Assessment
Disturbance and risk relating to sitting
and construction should be minimised.
Construction activity and site location
should comply with State environment
protection policies and best practice
environmental management guidelines

Soil erosion during construction and
soil instability during operation should
be minimised in accordance with any
relevant policy or guideline issued by
the Environment Protection Authority.
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
Construction should be carried out in a
safe and effective manner in
accordance with relevant requirements
of the Occupational Health and Safety
Act 1985.

Obstruction or danger to pedestrians or
vehicles caused by the location of the
facility, construction activity or
materials used in construction should
be minimised.

Where practical, construction should
be carried out during times that cause
minimum disruption to adjoining
properties and public access.

Traffic control measures should be
taken during construction in
accordance with Australian Standard
AS1742.3-1996 Manual of Uniform
Control Devices.

Open trenching should be guarded in
accordance with Australian Standard
Section 93.080 – Road Engineering AS
1165 – 1982 – Traffic hazard warning
lamps.

Disturbance to flora and fauna should
be minimised during construction and
vegetation replaced to the satisfaction
of the land owner or responsible
authority at the conclusion of the work.

Street furniture, paving or other
existing facilities removed or damaged
during construction should be
reinstated (at the telecommunication
carrier’s expense) to at least the same
condition as that which existed prior to
the telecommunication facility being
installed.
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2.
Do the proposed telecommunication facilities correspond with a description in section 5
of the Code of Practice, and if so, which description?
(e.g. Section 5.1A microcell)
3.
How are the listed requirements met by the proposal?
Following submission of the above information and completion of the relevant tables, your
application will be referred to Council’s planning department for assessment.
If the facility is not deemed to be a low impact facility pursuant to the Telecommunication
(Low Impact) Facilities Determination 1997 or A Code of Practice for Telecommunication
Facilities in Victoria, you will be notified, and required to apply for a planning permit in
accordance with clause 52.19 of the Moreland Planning Scheme.
In addition to the above, Council must access whether it is appropriate for the
telecommunications facility to be located on Council owned or managed land. This
assessment is in accordance with Moreland City Council Telecommunications Policy 2000.
Please complete the following:
Objectives

The need for the facility and any
alternatives to supply that need,
including viable and practicable
alternative locations that would result in
the proposed facility being more
compatible to surrounding land use,
scale and character.

The impact of the proposed facility on
the primary use of the land.

Whether the proposed facility will
conflict with the use of the land for a
public purpose.
Assessment
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
The impact of the proposed facility on
Council’s ability to utilise the site.

The proposed location of the facility on
the land.

The community benefit of the proposal.

The community return from the
provision of additional community
infrastructure.

Details of proposed and actual electromagnetic field (EMF) readings and
proposed measures to be taken to fulfil
the principles of prudent avoidance.

Details of any infrastructure that would
be made redundant by the installation
of the new facilities and the
undertaking to remove the redundant
infrastructure
.

Infrastructure specifications including
compliance with best practice and the
commitment of the telecommunication
carrier to install “latest available”
technology specifications to minimise
the impact of the proposal.

Any strategic review undertaken to
identify appropriate reserves and open
spaces for the location of high impact
telecommunication facilities.
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
Any strategy or policy that the Council
(as public land manager) must
consider, including the Moreland Open
Space Strategy and the Moreland
Leisure Plan.
Applicant’s Signature
………………………………….
Dated:
1.
To be completed by Moreland City Council
APPROVED BY:
DATE:
COMMENTS:
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