Communication licences

In July 2004 the Independent Pricing and Regulatory Tribunal of NSW (IPART) commenced a review into the rental arrangements for communication tower sites located on public land administered by Lands (formerly the LPMA), Forests NSW and the National Parks and Wildlife Service. In 2011, the former LPMA became part of the Department of Primary Industries, Catchments and Lands, Crown Lands Division and is referred to as Lands.

In October 2005, IPART released its final report - Review of rental arrangements for Crown land communication tower sites. A copy of the report is available at www.ipart.nsw.gov.au. Since then the three agencies have been working together to implement the recommendations in a consistent manner.

As an outcome of implementing the IPART recommendations Lands undertook a significant review of its administative and licensing approach to better support the industry. The new system will provide a more certain and consistent approach for the communication industry operating on Crown land by providing:

a simplified licensing system
standard terms for occupation of Crown land
adoption of the IPART fee schedule (to be reviewed in 2011) and
establishment of a dedicated team to better manager industry related enquiries

Licensing arrangements

Lands makes Crown land available under licence to a variety of organisations to construct and operate communication infrastructure. In many situations the owners of these facilities make them available to other organisations on a co-user basis. At each site Lands licenses both the tower owner and any other organisation co-located on the facility by issuing a Head Licence Agreement and Site Appendices for co-users and primary users. Co-located organisations require a separate agreement with the tower owner to use their facility. The co-user rental charged by Lands is separate and in addition to any negotiated rental paid to the tower owner.

To find out more about the management and licensing of communication infrastructure, the IPART review, and how rents are calculated go to the fact sheet:

Information for communication organisations occupying Crown land

Communication tower owners

Organisations seeking to construct new communication tower facilities on Crown land require consent from the Minister for Lands in order to occupy that land and to lodge any required development applications or other applications to relevant approval authorities eg: local Council. Applicants are required to apply direct to Lands for consent to occupy Crown land and enter into a licence agreement. The following information is available to assist proponents to comply with LPMA requirements:

Information for organisations seeking to construct new communication tower facilities on Crown land

Documentation guidelines for communication facility proponents on Crown land

Development and Crown land

Communication tower co-users

Co-user organisations require the conditional approval of the tower owner to co-locate on the facility prior to submitting an application to Lands. Lands cannot grant a licence to a a co-user without sighting the conditional approval of the tower owner. Similarly the tower owner is unable to allow another organisation to utilise its facilities without the Minister's consent.The following information is available to assist co-users comply with Lands requirements:

Information for organisations seeking to co-locate on communications facilities on Crown land

Communication tower sites co-user application