2022-03-08 Services & Organisation Committee Meeting Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                     8 MARCH 2022


5.   REPORTS FOR CONSIDERATION OF THE COMMITTEE

1    PROPOSED TELECOMMUNICATIONS LEASE 10 BARTLETT STREET, NOOSAVILLE

Author            Property Officer, Hayley Jamieson
                  Corporate Services Department

Index             ECM/ 46.01 Lease/Application/LEAS13/0029

Attachments       Nil

EXECUTIVE SUMMARY
Council resolution is required to grant Vodafone Network Pty Ltd a new lease complying with the
Local Government Act 2009 and the Local Government Regulation to dispose of a valuable non-
current asset if the grant of a lease is for the purpose of a telecommunications tower. Council can
only rely on that exception if, before granting the lease, it resolves that the exception applies.
RECOMMENDATION
That Council note the report by the Property Officer to the Services and Organisation Committee
Meeting dated 8 March 2022 regarding a new telecommunications lease on Council premises 10
Bartlett Street, Noosaville and:
A.   Agree to enter into a commercial lease to Vodafone Network Pty Ltd for the existing
     telecommunications facility located on part of 10 Bartlett Street, Noosaville (being Lot 901
     RP150345) on the core lease terms outlined in this Report;
B.   Apply the exception contained in section 236(1)(c)(vi) of the Local Government Regulation
     2012, given the lease is for telecommunication purposes; and
C.   Authorise the Chief Executive Officer to take all action necessary including, but not limited to,
     negotiating, making, amending, signing and discharging the lease and any required variations
     of the lease on the Council’s behalf, as described in this report.

REPORT
The purpose of this report is to seek Council approval to enter into a new communications lease to
Vodafone Network Pty Ltd for existing telecommunications facility, on the core terms outlined in the
report (refer Table 1 below).
10 Bartlett Street, Noosaville is Council freehold land and is located at the Council Depot. The Depot
has a telecommunication compound on site comprising a Tower and equipment shelter. Vodafone
Network Pty Ltd hold the lease over the Equipment Shelter and Axicom Pty Ltd hold the adjoining
leases over the Tower. Vodafone Network Pty Ltd co-locate its equipment on the tower via separate
licensing agreement with Axicom Pty Ltd.
Vodafone Network Pty Ltd has requested a new lease for the equipment shelter. The proposed new
lease terms have been negotiated and agreed to in principle. The core commercial terms of the
proposed new lease are outlined in Table 1 below.
The proposal is not subject to a development application, as it is deemed a Low-Impact Facility under
federal communications regulations.
A Council resolution is required to grant a new lease to Vodafone Network Pty Ltd (based on the
core commercial terms outlined) to comply with the Local Government Act 2009 and the Local
Government Regulation 2012. Section 236(1)(c)(vi) of the Regulation allows Council to dispose of a
valuable non-current asset if the grant of a lease is for the purpose of a telecommunications tower.
Council may only rely on that exception if, before granting a lease, it resolves that the exception
applies.

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