Local political action by clubs necessary to avoid NSW Crown Land rental fees

In 2005 the Independent Pricing and Regulatory Tribunal (IPART) undertook a review of rental agreements for NSW Crown Land communications sites.

One of the recommendations was to standardise the rental agreements for occupiers of Crown land and to introduce a standardised fee schedule.

The NSW Government accepted this recommendation and categorised Crown Land communications site users into nine categories, from television broadcasters paying $30,000 per-year per-site, down to community organisations, such as
amateur radio clubs maintaining repeaters, paying $100 per-year per-site.

However, as the NSW Crown Lands act specifies a minimum site rental of $350, the fee for community organisations was set at $350 indexed for CPI from 2004, or $396.00 in 2008.

Several months ago the NSW Department of Lands wrote to amateur radio clubs who maintain communications facilities on Crown Land. The clubs were provided with a contract to sign at quite short notice, virtually as a "fait accompli."

Some radio clubs welcome the opportunity to enter into the agreement which formalises their occupancy, and provides long secure tenure for their repeater site.

Other clubs, especially smaller clubs or clubs with several repeater sites, determined that they would be unable to afford the fee and would need to close or relocate their repeater facilities to less favourable locations.

In August this year the WIA wrote to the Director General of the NSW Dept of Lands asking for special consideration for small amateur radio clubs based on their inability to pay the rental fees, and suggesting that small clubs in rural areas should be exempt from the need to enter into the rental
agreement.

In November the Director General replied to the WIA advising that the licence agreements were drafted to ensure appropriate use management of Crown Land sites, and also that rents cannot be reduced below the minimum rent provisions.

This leaves some rural amateur radio clubs in a very difficult position, as it must also do to rural CB radio clubs who maintain UHF repeater facilities so important for rural landholders and travellers.

The current situation is that every amateur radio club maintaining communications facilities on NSW Crown Land is now required to enter into a rental agreement with the Department, and pay $396 per site per year, CPI indexed.

The WIA is of the opinion that further action needs to be mounted in the political arena and that such action should be local and by the affected club. Affected clubs, together with any affected local CB radio organisation, should lobby their local State member of parliament, preferably in a face-to-face meeting, providing background information showing how the club is affected. Follow up letters should also be sent to members of parliament.

Clubs may also apply for a government grant, as there is considerable scope in the sorts of grants provided. Clubs may also seek support from local newspapers and community radio stations.

The WIA is able to provide materials and advice to clubs that wish to take this issue further.

The WIA’s letter to the Director General of the NSW Dept of Lands, and the Departments reply is posted in the news section of the WIA website at www.wia.org.au

Phil Wait, VK2DKN
Wireless Institute of Australia