Lease of part of a building
A lease for telecommunication equipment, antennae etc may affect part of the floor space, an entire room or part of the roof or exterior walls of a building.
In these instances a compiled plan should be annexed to the lease as set out here under:
- The site of the proposed lease clearly identified (e.g. by hatching).
- The boundaries of the site must be defined by walls, fixtures or measurement.
- Sufficient connections from identified parts of the building to the site must be included when the site is defined by measurement.
- For leases that affect sites within or on the roof of a building, a plan view only is required.
- For leases that affect the part of an exterior wall, an elevation of the affected wall may be required to define the site.
Lease affecting other structures
A telecommunications lease may affect any type of structure, not necessarily an established building. The description in the lease must set out:
- The identity of the structure by name, number or specific description e.g. 'Light Pole No.', 'Coal Loader' or 'Grandstand'.
- The site must be related by measurement to a concrete base or other solid fixture.
- The position of the site on the structure must be indicated by description or measurement.
- The site should be defined by measurement (on a compiled plan annexed to the lease) or by type and size of the telecommunications device.
Lease of airspace
The following requirements should be noted:
- The air space must affect land owned by the lessor.
- The air space affected must be fully dimensioned i.e. length, breadth, width and height.
- Sufficient connections to locate the position of the air space must be included.
- The height of the air space may be related to a datum. The datum must be either related to:
- Australian Height Datum (AHD) and the plan must show bench marks, or
- a specific point on the building which is clearly identified, or
- a mark that complies with Schedule 1 of the Surveying and Spatial Information Regulation 2017.
Lease of land
Companies, organisations and public utilities that hold a Carrier Licence under the (Commonwealth) Telecommunications Act 1997, may acquire land, by lease or transfer, for installation of telecommunications facilities. The provisions of this Act require the communications carrier to obtain approval of the consent authority where a lease of land affecting part of a parcel is prepared for a term, including an option of renewal, exceeding five years. Such a lease will constitute a subdivision and two new parcels (one for the lease site and one for the residue) will be created.
Where the term of the lease is five years or less, NSW LRS has agreed, as a one off concession, to allow the telecommunications carriers to lodge a deposited plan for survey information only, that indicates the location of the leased site and which relates reference mark(s) placed at the corner(s) of the site to other marks found when making the survey. A compiled plan defining the site is then annexed to the lease when lodged in NSW LRS. This compiled plan will include the dimensions of the site, including any area, with sufficient connections to relate the site to the survey information only plan including the reference mark(s) placed.
A compiled plan annexed to the lease to define the leased site will be acceptable in most cases. The site is commonly referred to as the 'Works Area'.
Note 1 The Registrar General reserves his right to vary this concession, and where necessary, request that a plan of survey be supplied fully defining the boundaries of the site.
Note 2 The Registrar General may request a company or organisation to supply evidence that they are listed as a carrier under the Telecommunications Act 1997.
A compiled plan
- must comply with Schedules 3 and 4 of the Lodgment Rules together with any special requirements agreed to between NSW LRS and the telecommunications carriers
- must not show any buildings, fences, towers, other occupations or natural features (e.g. trees)
- must fully dimension the site
- must locate the position of the site by connection to a corner of the affected lot
- must include the placed reference mark shown in the 'Survey Information Only' plan. No other survey information must be shown.
- may include a general location diagram.
Note 1 The plan of a proposed lease site adjoining a registered lease site may adopt the reference mark placed in the existing 'Survey Information Only' plan. A second survey plan will not be required.
Note 2 A compiled lease plan prepared before 1.7.1996 does not require a survey information only plan as set out above. If a date is not shown on the compiled plan a statutory declaration that the plan was prepared before 1.7.1996 must be supplied.
Note 3 A lease that is taking up an option or replacing an expired lease that was shown in a plan prepared before 1.7.1996 must refer to a plan that complies with above mentioned guidelines.
Note 4 The plan for a lease for a telecommunications site with a term greater than five years must be prepared as a deposited plan and bear a completed subdivision certificate.
A survey information only plan
- must be prepared and signed by a registered surveyor in accordance with the Surveying and Spatial Information Regulation 2017
- should not bear evidence of a consent authority
- must be drawn on an approved plan form
- should only redefine land parcels as far as necessary to locate the 'telecommunication' site
- should not define the 'telecommunication' site - not show lot numbers, areas or boundary dimensions
- should comply with requirements of the Surveying and Spatial Information Regulation 2017 as regards connections to State Survey Marks
- should not dedicate roads and reserves or create easements and restrictions existing easements/restrictions should not be shown
- is subject to the current prescribed fee for 'survey information' only plans. The fees should be paid at lodgment
- must place at least one new reference mark at a corner of the 'telecommunication' site and the new mark(s) must be connected to existing marks.
The following notes should be endorsed on the plan:
FOR DIMENSIONS OF PROPOSED TELECOMMUNICATION SITE SEE PLAN LODGED WITH LEASE
NOT INVESTIGATED IN NSW LRS. SURVEY INFORMATION ONLY. NOT TO BE USED FOR TITLE DESCRIPTION
Rights of access
Telecommunications sites may involve access rights over land in different ownership to that of the lease site. As this owner is not a party to the lease, terms as to the access rights cannot be included. It will be necessary to prepare either:
- A separate licence agreement allowing access by the lessee across the adjoining property.
- A separate lease (of the easement site only) between the lessee and the adjoining registered proprietor(s). The site of the right of access across the land owned by the third party must be defined in a deposited plan of survey or compilation in accordance with the general requirements for lease plans. See also Lease of land and Plans annexed to dealings pages.
- A deposited plan for easement purposes creating Right of Access under Section 88B Conveyancing Act 1919. The terms of the easement as set out in the instrument should include a sunset clause indicating that the easement terminates on a date identical to the expiry of the lease. The dominant tenement of the easement should set out as:
The land in lease being part of Lot....DP.......... comprised in FI............
Note The deposited plan could also be used to supply dimensions for the telecommunications site thus alleviating the need for the compiled plan annexed to the lease. Full plan lodgment fees are payable.