A group formed to oppose a Telstra mobile phone tower being built on Lillian Rock Road, Mt Burrell, is alleging a range of breaches by the telco during its construction.
Allegations include that Telstra started construction while multiple investigations were underway, that the telco was encroaching on a nearby landholder’s property and that Telstra failed to take adequate precautions after ‘smashing through an asbestos pipe’ on the site’.
A spokesperson for the Lillian Rock Tower Action Group (LRTAG) said construction of the ‘heavily opposed’ 50-metre tower commenced on June 5 despite an ongoing investigation by telecoms watchdog ACMA ‘for breaches to the consultation process and abuse of its Complying Development Application’.
LRTAG spokesperson Emma Toner said the Telecommunication Industry Ombudsman was also investigating ‘in regard to a land imposition with an adjacent landowner’, while Worksafe Australia and Comcare were looking into ‘Telstra’s handling of what appears to be asbestos uncovered at the site’.
But Telstra has hit back, saying local residents themselves called for the installation of the tower as part of the Mobile Black Spot program.
In response to Echonetdaily’s inquiries, a Telstra spokesperson has denied encroachment of its works, defended its treatment of the asbestos threat and accused protesters of ‘stopping asbestos investigators from testing the material’.
She said WorkCover NSW had ‘verbally advised that the Mount Burrell site is compliant’ with regard to its treatment of the asbestos, adding the telco was ‘yet to formally hear from ACMA regarding the findings of their investigation’.
Flaking asbestos
Ms Toner said that on June 6, ‘nearly 100 local residents and media gathered at the tower site for a peaceful protest and were horrified to see that Telstra had smashed through an asbestos pipe leaving the flaking asbestos open to the elements within five metres of a school bus stop’.
‘Telstra failed to install warning signs or adequate fencing to keep children away from the possible asbestos situated on the side of two-metre deep hole, which also lacked reinforcement,’ she said.
‘Within hours of the protest starting two Telstra employees arrived on site and were notified by residents, in the presence of police and media, about the exposed asbestos.
‘The pipe was subsequently covered with a piece of plastic sheeting; two weeks later Telstra still has not met obligations to install asbestos warning signs.
‘Telstra’s failure to make the site safe forced residents to report the incident to Worksafe, who were astounded that Telstra had not followed protocol. Telstra appear not to be taking the incident seriously and residents have formally lodged a complaint and this has been escalated for investigation by Comcare.
‘So far none of the local schools have been notified to inform parents that there is an asbestos risk at their school bus stop interchange.’
Vigil
Ms Toner said her members were ‘gathering at the tower site day and night in a peaceful vigil and to bear witness to any activities that Telstra may try that are in breach of the current Workcover investigation and also trespass on the adjoining neighbour’s land which Telstra have illegally fenced off access to’.
‘Federal communications minister Mitch Fifield has been called upon by residents to take action against this deceitful and negligent behaviour by Telstra and is yet to respond. Disappointingly, Kyogle Council, local and federal members have so far offered the community little support,’ she added.
Telstra responds
A Telstra spokesperson, who declined to be named, said Mt Burrell was nominated as a location by the local community for funding under the federal government’s Mobile Black Spot Program.
‘The mobile base station is being built on an existing Telstra exchange site which we believe best meets the objectives of delivering new mobile coverage to the community whilst taking into account the environmental and visual impacts of the facility,’ the spokesperson said.
‘Telstra takes community feedback seriously and conducted consultation in line with Communications Alliance industry code C564:2011 Mobile Base Station Deployment Code including notices in local papers; and letters to Kyogle Council, local residents, businesses, schools, MPs, and a community drop in session.
‘Consultation was extended by 10 business days to allow for additional community feedback.
‘All of Telstra’s mobile base stations are designed to comply with the relevant Australian safety standards. The maximum environmental EME level predicted from the proposed facility is 0.19 per cent of the allowable public exposure limit.
‘On day three of excavations, material was identified that could contain asbestos. As per normal procedure we immediately covered it and engaged asbestos specialists.
‘Protestors have prevented any further investigations by blocking the site and stopping asbestos investigators from testing the material.
‘The site has been visited by WorkCover NSW who have verbally advised that the Mount Burrell site is compliant and no further action is required by Telstra.
‘We are aware that four complaints have been submitted to ACMA. We are yet to formally hear from ACMA regarding the findings of their investigation.
‘We are currently investigating claims regarding the location of the boundary of the existing Telstra Exchange fencing and a neighbouring property. This location has been a Telstra Exchange for many years and we will adjust our fencing if it is required. This has no relevance to the building of the new base station, which sits well within the Telstra site boundary. Temporary construction fencing has been constructed outside Telstra’s property boundary.
‘We understand and respect that a number of residents are opposed to the construction of the base station at the Mount Burrell site and we have worked closely with the community to address their concerns,’ the spokesperson said.
Telstra have been constructing the tower without, in my opinion, gaining all necessary relevant approval under the NSW Environmental Planning and Assessment Act. They act as if they are above the law, with total disregard to the community.
There is no black spot at the site. You can easy make a mobile phone call.
This is an organisation who don’t seem to care for community or even its own workforce with the the plan to sack 8,000 workers and replace with robots.
Just the same old story from Telstra and other telcos in relation to safety concerns,
The Community are doing an excellent protest raising awareness, go for it.
You are being dishonest to claim there is no black spot on the site. As the protesters have been informed many times, and have acknowledged, the blackspot that the tower will fill is not on the site of the tower itself but in the coverage area that the tower will service.
“A Telstra spokesperson, who declined to be named, said Mt Burrell was nominated as a location by the local community for funding under the federal government’s Mobile Black Spot Program.”
That actually had very little to do with the selection criteria for funding, the onus was on the Telco compaines to provide tenders and proposals for areas identified as black spots. There is no referal to nominations by local communities in any of the funding guidelines or MBSP FAQ’s
Not saying that decent mobile coverage is not important in rural and regional areas, just don’t pretend that it is altruistic when you’ve got your snout in a $280 million trough of public funds.
https://www.communications.gov.au/what-we-do/phone/mobile-services-and-coverage/mobile-black-spot-program/frequently-asked-questions-mobile-black-spot-program
NIMBY??
So you want mobile coverage but still complain about the tower.
Get over it LRTAG.
‘Telstra takes community feedback seriously and conducted consultation in line with Communications Alliance industry code C564:2011 Mobile Base Station Deployment Code including notices in local papers; and letters to Kyogle Council, local residents, businesses, schools, MPs, and a community drop in session.
This statement is absurd Telstra.Out of 52 public submissions there were 46 opposing the cell tower while only 6 were in support of the cell tower.Telstra if you really took what the community want seriously then you would not be installing this tower as it is very clear that the majority of the local community DON’T WANT IT.Also the community pop in session was just a Telstra presentation to tell us what was happening with no clear intentions of really listening to what the locals want.
There are mobile black spots in that area that this tower is going to address. Many residents have waited a long time for this blackspot project to unroll. Unfortunately a lot of these residents are scared to show their support of the proposed mobile tower for fear of retribution from the anti-tower protestors.
The MBSP is a shameful bulldozer where Telstra has been given a care-free pass to achieve the Federal government’s goals. The effect on individual citizens has for sure been weighed up as unimportant vs greater Australian benefit. If one goes in next to you you get 21 days official notice under the MBSP scheme where you get to comment as an affected resident (not that they have to tell everyone) and then it’s case closed – not that anything will be done bar a “we understand not everyone wants this tower but too bad” letter you will receive in reply. Be empathetic as your turn to sacrifice may come.
It is a shame that apart from the “unnamed telstra spokesperson” making false allegations against the well informed active residents of Lillian Rock & the surrounding areas -that Telstra still seems fit enough to not only support such “false Allegations” to the ECHO but also to the Federal ministers Mitch Fifields Office -& ACMA & also to the NSW police Inspector of Ballina – those who may support these towers should take a step back & think about the Stain on the very Integrity of these Majestic Landscapes of this Environmentally Sensitive Region that has existed well before your arrival – these regions that the Telcos want to pollute with these hideous structures- are the envelope of the 3 World Heritage Rainforest National parks – little imagination is needed to come up with less toxic forms for communication –
Melissa ~
How many of these people are from Lillian Rock