Resources to assist communities challenging
Mobile Phone Towers
The EDO receives many requests from people wishing to oppose new mobile phone towers. It is beyond the scope of our resources to take these cases on, however we offer the following list of on-line materials to help you find your way through this complex area of law. It is complex because it involves both Commonwealth and State law.
In general terms, so called "Low Impact facilities" are regulated by the Commonwealth and do not require State planning approval. The majority of new towers fall into this category. Other facilities will usually be subject to a development application under the SA Development Act 1993.
In South Australia, where new towers have been regulated by State planning laws, some communities have been successful in appealing approvals (or supporting refusals) in the Environment Resources and Development Court. However, so far, nobody has brought a successful appeal on the basis of potential adverse health impacts from electro-magnetic radiation. Cases are usually decided on the grounds of visual amenity.
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Resource Index:
Australian Communications Authority
Campaign support [back to index]
One of the most active community organisations campaigning against inappropriate telecommunication facilities is "Tower Sanity". This group can be contacted through its web site: http://www.towersanity.org/ or phone Anne Wagstaff on (02) 9580 7919 (Sydney).
To see an example of one community's campaign against mobile phone towers, see http://www.oatleypark.com/.
Health impacts [back to index]
There is a wealth of contradictory material on the net dealing with the health impacts of electro-magnetic radiation from mobile phone towers. The "official" position is summed up by the Australian Communications Authority as follows:
"The weight of national and international expert opinion is that
there is no substantiated evidence that living near a mobile
phone tower or base station causes adverse health effects."
See: http://internet.aca.gov.au/acainterwr/consumer_info/issues_alerts/emr_pamphlet.pdf
On the other hand, there are non-profit community groups that strenuously maintain the health impacts are a genuine concern. New information on health impacts is emerging all the time. For more information, visit Tower Sanity at: http://www.towersanity.org/ or the Electro Magnetic Radiation Association of Australia: http://www.emraa.org.au/ [Note: This group no longer operates, however they have maintained their web site as a resource for communities]
For professional services, try EMR Australia pty ltd: http://www.emraustralia.com.au/index.htm
For Free advice, contact Tower Sanity
General guides for SA: [back to index]
Planning SA Fact Sheet on telecommunications facilities (August 2000): http://143.216.252.11/publications/546p.pdf
SA Planning Law [back to index]
In 2000, the State Government inserted guiding objectives and principles into all local "planning schemes" in South Australia. Whilst these are consistent across the State, they can be modified to meet individual needs, so you should check the relevant Development Plan provisions for your area. You should look for a heading "Telecommunications facilities" or similar. All Development Plans are available from the Planning SA web site or in hard copy from your local council. See: http://www.planning.sa.gov.au/edp/index.htm
Eg. Adelaide Hills Council: http://www.planning.sa.gov.au/edp/pdf/adhi.pdf
Low Impact facilities [back to index]
Commonwealth Telecommunications Low Impact Facilities Determination 1997:
See also explanatory notes: http://www.dcita.gov.au/__data/assets/word_doc/9832/Telecommunications_Low-Impact_Facilities_Determination_1997.doc
Australian Communications Authority [back to index]
Fact Sheet for consumers: http://internet.aca.gov.au/ACAINTER:STANDARD::pp=DIR2_10,pc=PC_1696
Fact Sheet for Local Government: http://internet.aca.gov.au/ACAINTER:STANDARD::pp=DIR2_10,pc=PC_1753
SA Court cases on mobile phone towers: [back to index]
Eg. HUTCHISON 3G AUSTRALIA P/L v CITY OF MITCHAM & ANOR [2004] SAERDC 94. See: http://www.courts.sa.gov.au/courts/environment/judgments/2004_7-12/hutchison_v_mitcham.html
For other cases, go to the SA ERD Court and Supreme Court databases on "Austlii" and use the search engine to find cases on "telecommunications facilities" or similar: http://www.austlii.edu.au/au/cases/sa/SAERDC/
Other resources [back to index]
Other resources can be found by searching the net. Try typing "Telecommunications (Low-impact Facilities) Determination 1997", "mobile phone towers" or other key terms into Google or other search engines.
Mark Parnell
Solicitor
January 2005
(links updated February 2005)