ASHFIELD MUNICIPAL COUNCIL v VODAFONE PTY LTD; MANLY COUNCIL v TELSTRA CORPORATION LTD [1998] NSWCA 18

ASHFIELD MUNICIPAL COUNCIL v VODAFONE PTY LTD; MANLY COUNCIL v TELSTRA CORPORATION LTD [1998] NSWCA 18

The transitional provisions of the Telecommunications Act 1997 (Cth), properly construed alongside the definition of 'exempt activity' in s5 of the 1991 Act, do not require on-site physical construction to have commenced by 30 June 1997; steps genuinely referable to the construction of the facility suffice. Thus, the councils' appeals were dismissed.

Parties
Appellant: Ashfield Municipal Council; Appellant: Manly Council; Respondent: Vodafone Pty Ltd; Respondent: Telstra Corporation Ltd
Jurisdiction
Australia
Judgment Date
16 December 1998
Procedural Posture
Appeal / Decision on Appeal
Outcome
each appeal dismissed with costs
Legal Topics
Construction of Transitional Provisions, Exempt Activities, Application of State Law to Telecommunications, Meaning of Commencement of Activity
Administrative Law Statutory Interpretation Planning and Environment Law Construction of Transitional Provisions Exempt Activities Application of State Law to Telecommunications Meaning of Commencement of Activity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Ashfield Municipal Council

Appellant

Manly Council

Appellant

Vodafone Pty Ltd

Respondent

Telstra Corporation Ltd

Respondent

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the commencement of activity in transitional provisions of Telecommunications Act 1997 (Cth) requires physical construction on site before 30 June 1997
  2. 2 Whether preliminary or preparatory activities amount to 'commencement' under the Act

Ratio Decidendi

The transitional provisions of the Telecommunications Act 1997 (Cth), properly construed alongside the definition of 'exempt activity' in s5 of the 1991 Act, do not require on-site physical construction to have commenced by 30 June 1997; steps genuinely referable to the construction of the facility suffice. Thus, the councils' appeals were dismissed.

Court Disposition

each appeal dismissed with costs

Orders

  • Each appeal dismissed with costs