[Emma Murphy]

Hi,
Just wondering if anyone has had any dealings with the “NSW Government Telecommunications Authority” for the purposes of rates.

We have had a new license issued to them for the “occupation of Crown Land, for the purpose of communication facilities and access.” The purpose is a “Tower site”. Council has levied rates to NSW Government Telecommunications Authority, however have been unsuccessful in getting them paid, or being able to make contact. I also cant see that they are a Government agency. There only reference I can find is on the NSW Government site to “NSW Telco Authority” https://www.nsw.gov.au/departments-and-agencies/nsw-telco-authority

Council also has a sundry debtor account for NSW Government Telecommunications Authority, which the mailing address is the same and interestingly that account gets paid.

Any help would be appreciated.

[Anthony Egan]

Hi Emma

The answer to your question can be found in Part 2 of the Government Telecommunications Act 2018 (NSW). https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2018-067#pt.2

The NSW Telco Authority is constituted by, and functions under, the Government Telecommunications Act 2018 (NSW) to operate and maintain mission-critical operational communications services for public safety and government agencies within NSW. The NSW Telco Authority holds responsibility for coordinating telecommunications services support during emergencies under the State Emergency and Rescue Management Act 1989 (NSW), has a central role in coordinating spectrum holdings on behalf of government agencies and manages major digital connectivity programs for the NSW Government.

Based on this information I would suggest that rate assessment would be exempt from rates under section 555 (1) (a) Land owned by the crown, not held under a lease for private purposes, as the activity fits the function of the Authority and is not being used for private purposes.

Anthony

[Author]

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