Goonellabah resident Lisa Connell lives on 200 metres from a telecommunications tower that’s earmarked to become part of the 5G communications network rollout.

Telstra have already installed a 5G transmitter on top of the tower and Lisa said she is scared and has health concerns about its effect – especially as her home on Duke Street is so close to this new technology.

“I’d already been writing submissions to stop the East Lismore 5G tower development on Crawford Road,” Lisa said. “Then I got really depressed when they proposed a 5G installation on the tower closest to us.”

Lisa is concerned about the potentially dangerous electromagnetic energy (EME) emissions that the 5G transmitter will emanate – and says it’s also dangerous close to the old people’s home on the street.

The potential health concerns of 5G technology have become a contentious issue that has already fired up public protests in Mullumbimby.

Legal challenge

With the help of Indigenous Advocacy Network legal advocate Al Oshlack, Lisa has begun a legal proceeding which challenges the legality of the tower’s 5G extension, in the hope it may stop it being used.

Unprecedented

It’s a legal case which Mr Oshlack says is “unprecedented” and if successful, will change the future development of any 5G extensions on communications towers.

Mr Oshlack said the 5G extension does not currently need to have a local council development approval, because it is deemed low impact.

“This is another case where there is an existing tower used by Telstra, Optus and other carriers – then they install a 5G transmitter on top of the tower and call it 5G,” Mr Oshlack said.

“The telcos are installing the extension using a code under the Telecommunications Act which says a tower extension less than five metres up and two metres out is classed as a low impact development - therefore does not require a Development Approval (DA) – and local council doesn’t get involved.

“Our legal proceeding challenges Telstra’s claim that the development is low impact. Our case is that it is not low impact and requires a DA from council.

“The construction of the extension itself might be low impact but, the working transmitter installation is high impact – so we are arguing that the 5G installation is actually development without consent.

Summons issued

The legal case is being held in the NSW Land and Environment Court, which Mr Oshlak said is one of the most effective courts in the country

“We have issued a summons to Telstra, the extension contractors and Lismore City Council – who is the development consent authority,” he said. 

“We want to see all 5G extensions to towers go through a DA process in council.

“At the moment, we have very little say about what happens with these tower developments. If a 5G extension has to get a DA and Council approval, then we get procedural rights and will be able to challenge the decision in court.”

Mr Oshlack said Telstra have given him an undertaking that the transmitter won’t be switched on and used until the proceedings have played out – and they iron out a technical fault with the installation.

“It’s also because Telstra don’t want to go to an injunction hearing – and it could take a long time if we did,” he said. “This case is the first of its kind and it is quite a big precedent.”

Mr Oshlack said the next step in the case will be for the court to issue documents and make direction for the filing of evidence to the court.

Emissions concerns

“We are hoping to get evidence on the EME emissions from the tower,” he said. “We believe that assessments of radiation from the 5G towers have not been done properly, on site – that it has been done from existing data on their files.

“We know that the 5G transmitter will emit double the EME emissions of all the existing 4G and 5G transmitters combined already on towers.”

Lisa said it’s been difficult to find reliable and updated information about the status and operation status of any of Telstra’s 5G installations and she has health concerns for not only people, but animals and wildlife.

“A study was done by Mark Broomhall over 15 years at Mount Nardi, where he documented how hundreds of animal and bird species disappeared or moved away from the Mount Nardi tower as they switched on the 2,3,4G and radio waves over time,” she said.

Power and community

Lisa has concerns about how her concerns and submissions are not being taken into consideration as the 5G rollout continues

“I think it seems to make no difference no matter how many people make submissions about it,” she said.

“Too much power is given to telcos now. Local council say they have no power, but that’s not true -so many places around world won the battle and stopped 5G and all had council support.”

Read more about the opposition to the East Lismore 5G tower