OPTUS NETWORKS PTY LTD v CITY OF BOROONDARA

2 VR 318·Ormiston, Charles and Callaway JJA
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[1997] 2 VR 318
OPTUS NETWORKS PTY LTD v CITY OF BOROONDARA SUPREME COURT OF VICTORIA — COURT OF APPEAL Ormiston, Charles and Callaway JJA 2-4, 12 December 1996 Injunction — Interlocutory — Town and country planning — Local government — Council seeking to enforce planning scheme — Telecommunications carrier installing cables — Reliance on overriding Commonwealth legislation — Validity of legislation — Compliance by carrier with National Telecommunications Code — Undertaking as to damages — Whether public authority seeking to enforce law exempted from undertaking — Telecommunications Act 1991 (Cth) ss. 116, 118 — Telecommunications (Exempt Activities) Regulations (Cth) — Local Government Act 1989 (No. 11)  ss. 6, 7, 8, Sch. 1 — Planning and Environment Act 1987 (No. 45) s. 14 — Acts Interpretation Act 1901 (Cth) s. 46(2)..

Optus was a licensed general carrier under the Telecommunications Act 1991 (Cth). Regulations made under the Act exempted carriers from compliance with certain State and Territory laws in installing cables for a telecommunications network. Section 118 of the Act, however, obliged carriers to comply with the National Telecommunications Code. The code required carriers to publish a corporate environmental plan containing certain information, to notify local government authorities before installing cables and to disclose certain information to them.

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[1997] 2 VR 318

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