Each edition features the views of a Local Government Association President. The following is from Cr Peter Woods OAM, President, Local Government Association NSW.
New South Wales and Victorian Councils were victorious in the Federal Court in December when actions by Telstra and Optus were dismissed.
The communications giants were seeking to set aside claims that they were liable to pay charges to local Councils for using Council roads and public space for their cabling.
In NSW, the Local Government and Shires Associations first voiced concerns about Telstra and Optus laying overhead and underground cabling in 1996.
The Sydney Councils of Hurstville, Kogarah, Leichhardt, Parramatta, Penrith, Drummoyne Randwick, Hornsby, Concord, Burwood, Strathfield, Warringah and Blacktown levied charges against Optus and Telstra under section 611 of the Local Government Act 1993 in the Federal Court.
Many other Councils had prepared plans and were in the process of serving notices when the cable companies reacted.
Telstra and Optus sought to set aside these charges through a challenge in the Federal Court.
However, in a judgment handed down on 21 December, Justice Wilcox dismissed their actions.
It was a significant win for Local Government across Australia, confirming that those who use public property for private profit cannot expect to do so without paying a fair contribution to those who maintain that property.
In this instance, it is the local Council.
The Sydney Councils and their legal team worked closely with the legal teams of four Melbourne Councils, proving that when Councils from different States join forces, an excellent outcome for the benefit of the entire community can be achieved.
In NSW, Section 611 of the Local Government Act has been used to levy charges on a number of commercial entities over many years.
It came as a shock when the pay TV operators roared through our communities putting up or burying their cables with no regard as to who were the custodians of the public lands and space.
This whole exercise certainly points to the need for the three spheres of government to operate collaboratively in the interests of our shared constituents.
If we have a Council of Australian Governments and Ministerial Councils responsible to it, it is about time it operated efficiently and inclusively.
