>>Media Information >>Print Media Archive >>Supreme Court judgement >>Deacon's summary >>High Court transcript
30 October 2003 Optus, Telstra told not to fight for Hutchison's towers
The Victorian Supreme Court has ordered Telstra and Optus not to intervene in a legal stoush which broke out after Hutchison 3G built a 3G antenna on a residential building controlled by the state's Director of Housing.
>ZDNet Australia story
8 October 2003 Towering win for communities
HUTCHISON Telecoms has to pull down its tower in Oatley Park after a High Court decision, which also paves the way for other communities to challenge the telecommunications giant.
>Daily Telegraph story
>Aust. Financial Review story
23 July More tower drama
PEOPLE power is on red alert again after Hutchison Telecoms indicated it will go to the High Court in a bid to get its tower in Hurstville's Oatley Park approved.
Wednesday 9 July Residents' protest pulls plug on mobile phone tower
A group of community activists in Sydney's south have succeeded in forcing the mobile phone company Hutchison to take down a phone tower in parkland near a school.
Hutchison must remove the tower within 10 days after the Court of Appeal overturned a Land and Environment Court decision allowing it.
It is believed to be the first time a phone company has been forced to remove a mobile antenna after community protest.
>Read SMH story >Daily Telegraph story
Tuesday 1 July National parks to get phone towers The ban on mobile phone towers in national parks will be lifted in a move environmentalists fear will turn "mountain tops into the new high-rise real estate for telecommunications companies".
. >>Read story
Wednesday 25 June Oatley Park Defenders meet State Opposition We met Peta Seaton
(Shadow Minister for Infrastructure & Planning) at Parliament House.
As a result, she wrote to the Prime Minister seeking consideration of reforms to the telecommunications legislation, including:
- ensuring the ACA enforces all relevant compliance on Telcos when facilities are constructed
- reviewing the definitions of 'precautionary principle' to ensure sensitive locations are not selected.
Friday 13 June 3G protest via Google Authoritative industry web-site 3G Australia features the Oatley Park
campaign and our innovative use Google search ads. >>Read story
Sunday 25 May W.A. residents angry over Hutchison tower DOZENS of families yesterday protested against a mobile-phone tower they say is too close to a kindergarten and primary school.
Wednesday 21 May Hutchison signs 3G porn contract Adult content company Playboy Enterprises has signed a deal to give 3 exclusive rights to wireless customers for Hutchison's 3G. >>Read Cellular-news story
Thursday 8 May AGM: Hutchison hides behind security from Oatley people The final noteworthy point was the demonstration outside the AGM by a community group protesting the erection of a 3G tower in Oatley Park.
>>Read full Crikey story
Sunday 27 April Premiers miss the message - Richard Zachariah SYDNEY suburbs have declared war on the trendy, $3 billion, 3G video mobile phone as a serious health risk and visual polluter. >>Read Sunday Telegraph story >>Read Sun-Herald article
Thursday 24 April Porn to go: new mobiles perfect for adult content "Hutchison has gone one step further, confirming last year that it was looking at the provision of adult services" (Australian Financial Review) >> Read article
Tuesday 15 April Official launch date of Hutchison's "3" mobile video phone service. Oatley Park Defenders picketed the launch venue in George Street. Many of the media attending took interest in our cause.
Thursday 9 September 2004
Tower Sanity website
With more than 5,000 telecommunications towers for the mobile phone and wireless broadband networks planned for installation in the next 18 months, Tower Sanity Alliance has called for an urgent review of the safety standards set for telecommunications tower placement. The towers and related health concerns are going to be arriving at a rooftop in your community tomorrow.
Alliance spokesperson, Anne Wagstaff, said there are two reasons for the review. “Firstly, the existing standard that is supposed to protect us, is significantly below that of other countries”, said Anne. “Secondly, the Australian standard ignores an effect called the non-thermal effect and conveniently side steps a whole body of evidence suggesting links to adverse health outcomes like cancer, brain tumours, sleep disorders to name a few.”
The Australian standard is below countries such as Switzerland, China, Russia, Italy and New Zealand. The Russian standard is 50 times more stringent than ours.
Any tightening of standards would increase costs to mobile phone carriers, so the industry has a significant incentive to protect its estimated $8.7 billion revenue. ”With industry represented on every committee and research body within Australia at present the Australian community is engaged in a David and Goliath type struggle. Community groups may win the occasional battle, but the telecommunications companies have a significant legal artillery to ensure the status quo remains”, said Anne.
Tower Sanity has released a discussion paper, “Mobile phone towers and our health”, which provides an overview of mobile phone technology, radiation emissions, and the impact of these emissions on health.
Wednesday 16 December 2003
Telco's pitched pole battle
By Chris Jenkins (The Australian)
MOBILE carrier Hutchison and private South Australian electricity utility, ETSA Utilities, will appear in the state's supreme court today to defend accusations by an Adelaide council that they side-stepped planning regulations to build taller mobile-phone towers.
Monday 3rd November Towering concerns
By STAVRO SOFIOS (Daily Telegraph 3/11/03)
THEY thought they had won the fight to keep a mobile phone tower out of their local park – but they were wrong.
A Sydney community is preparing for its next battle against Hutchison Telecoms after winning their first in a fight which went all the way to the High Court.
The telecommunications giant is now pushing to build another tower for its 3G network in Oatley Park – less than 50m from where it was forced to pull the last one down less than a month ago.
The company failed in a High Court appeal last month to keep the tower it installed illegally in the southern Sydney park earlier this year.
It was the first time in Australia a phone company had been forced to remove a mobile phone tower after widespread community protest.
Hundreds of residents who have joined the Oatley Park Defenders are now backing up for a second fight after the phone giant wrote to Oatley West residents indicating it was still pushing ahead with plans to install a tower in the park or the nearby Mulga Rd residential and shopping area.
"We thought we'd won the park back but we were obviously wrong," Oatley Park Defenders spokeswoman Anne Wagstaff said yesterday.
"Now they are saying they want to put another tower on the other side of the oval from where the first one was."
Hurstville mayor Vince Badalati said the council was getting legal advice on the latest move.
"They are obviously not accepting the umpire's decision," Mr Badalati said yesterday. "It's pretty arrogant of them to suggest another site in the same park."
The community activists ran a tough grassroots campaign with a small budget raised by selling bright orange anti-Hutchison T-shirts.
Hutchison is now considering putting the mobile phone antennas on top of an existing pole owned by EnergyAustralia in Oatley Park.
Under the Federal Telecommunications Act, carriers can use existing poles without council approval if the mobile phone equipment has a low visual impact.
When it first tried to do so in January, Hurstville council knocked the pole down.
But Hutchison installed its own in February after winning a Land and Environment Court appeal.
The Supreme Court found the move was illegal but Hutchison appealed to the High Court.
The legal action failed last month and set a precedent which galvanised communities across Australia against mobile phone carriers.
Contractors then broke into Oatley Park in the middle of the night to demolish the pole to avoid negative publicity.
Hutchison claims it has feedback from residents who want the tower in the park rather than closer to houses.
"The court's decision does not prevent the siting of any future facilities in the park or elsewhere in the Oatley area," Hutchison said in a letter to residents.
Saturday 4th October Its gone! TOWER TOPPLED Hutchison finally removes its 3G tower - a victory for Oatley Park
At dawn on Saturday morning, work crews for Hutchison broke through the locked entrance of Oatley Park oval and pulled down
its 3G videophone tower. The tower was constructed against the wishes of local residents, Friends of Oatley Park and Hurstville Council.
The day before (Friday) the High Court rejected Hutchison's application to appeal the Supreme Court decision. The Supreme Court unanimously held that Hutchison's construction of the tower did not comply with the law.
To see the tower physically gone is a wonderful outcome for the many people who have fought against the commercial exploitation and desecration of Oatley Park - a precious community resource.
This victory also gives encouragement to people all around Australia fighting against the construction of these facilties in inappropriate locations.
Tuesday 8 July 2003 - Supreme Court delivers judgement
Victory! Hutchison must remove 3G tower in 10 days
Our faith, perseverance and hard work has paid off.
Beaconsfield W.A. fights "3"
>> Click here to learn about their battle
At 10am today the Supreme Court handed down its judgement in the appeal against Hutchison's Oatley Park video phone tower.
The Court unanimously found against Hutchison. The tower must now be removed within 10 days.
We particularly acknowledge Hurstville Council's support.
Mayor Vince Badalati said the win was a victory for the whole community.
“Ever since day one, the community has strongly opposed the construction of the tower. This win is a credit to all the community groups and individuals who petitioned, attended the construction site and the court hearings in support of the Council’s actions,” the Mayor said.
“We have made it clear that we will not stand by while our premier bushland park is ruined by a multinational company. We should not have had to go through legal appeals to defend a park that belongs to our community, not to commercial companies looking to increase their profits,” said Clr Badalati.
Under the shadow of Hutchison’s 3G mobile phone tower in Oatley Park Oval, some 300 parents, students, residents and sympathisers made their voices heard in the biggest anti-3G rally held to date in the St George region.
Organised by the Oatley Park Defenders, the "People Power NO 3G Tower" Big Breakfast (13 April), brought together a community that was becoming increasingly overwhelmed by the shear scale of Hutchison’s corporate arrogance and disrespect for the environment, the health of children and local community. With information booths, guests from other suffering communities such as Harbord, entertainment and a traditional Australian breakfast, Oatley residents got a better sense of extent to which their locality was at risk, and how to best counter this threat.
To their credit, Oatley residents were particularly interested in the broader issues at hand, such as the need for across-the-board policy revision to ensure that all sensitive sites (e.g. schools, hospitals, bushland) are avoided by tower planners.
For many St George residents, the Big Breakfast was the first time they could appreciate the scope of Oatley Park’s environmental significance as the Oatley Flora & Fauna Society shared insights into the various endangered species that call the area home.
The morning climaxed with protesters donning the now signature anti-Hutchison t-shirts to form a human “NO 3G” message whilst being photographed by media in cherry pickers.
What can you do to help?
Quite a lot!
Write to politicians, tell others about what's happening here: how dozens of police were rostered for days to force our community to accept the commercial usage of OUR Park. Oatley Park is there for PEOPLE not for PROFIT. The Orange 3G Tower is a desecration of our land, our rights and a hazard to our children. "People Power - NO Tower" t-shirts available for $5 - email firstname.lastname@example.org
Read one Oatley resident's view of Orange 3G
Keep checking this website for updates
For latest information or to report activity in the Park email OatleyPark@yahoo.com.au Visit the "Things you can do" page for details
Hutchison's Electromagnetic radiation projection for Oatley >>view larger image Watch Hutchison 3G "improve" a piece of Oatley Park:
It starts off looking good.......
but Orange makes it BETTER...
add Hutchison's architect, and Orange creates PERFECTION! Send an ePostcard of Oatley Park to a friend >>send an ePostcard