4
4.7
tied into a renewed term.
As companies involved in laying fiber were not using land for an extended period of
time, they did not use more formalised processes or documents to negotiate access.
One time compensation for disturbance of land was sometimes paid.
Compensation for Land Acquisition and Use
Human Rights Implicated: Right to not be arbitrarily deprived of property; Right to an
adequate standard of living; Right to an effective remedy
Field Assessment Findings
Compensation rates for rental of tower sites varied greatly (including both
rooftop and ground towers), from 2 MML monthly ($185) up to 72 MML ($6,676)
monthly, depending on the location and the land tax to be paid.
Most landowners were agreeing to lease periods of 10-15 years for positioning
towers on their land, though periods of 5 and 25 years were also reported. As
above, contracts often included automatic renewal clauses.
Lease payments were usually paid annually, though some companies paid
owners every quarter, some every 6 months and others every 2 years.
• Some landowners expressed a preference for larger (e.g. 3 year) up-front
payments in order to have sufficient capital to start a business or new venture.
• As above, application fees for registering the land in order to host the tower
were usually incorporated into the payment for the lease.
• Some companies paid additional monthly security fees to the land owner to
look after the tower site.
Most lease agreements included percentage increases, often 3-5%, every 3-5
years.
For fibre construction on religious land it was found that leases and lease
payments were not formalised and no official approval had been required. Instead,
companies simply made donations.
For tower construction on religious land the formal authorisation required at the
township level was obtained. Neighbour consent was also obtained. Stakeholders
did report difficulty receiving satisfactory information from company representatives
regarding the lease, acquisition, and construction process.
Most companies seemed to operate according to standard compensation ranges.
Some provided site hunters with financial incentives to ensure lease
agreements within the specified ranges, e.g. allowing them to keep the amount
left over between the agreed fee and top of the specified range, or receive a
commission for staying within the range.
A few cases were reported of lack of compensation for trees/crops cut down to
make room for towers or loss of income from their yields.
Access to Remedy for Land Grievances
Human Rights Implicated: Right to an effective remedy; Right to take part in the
conduct of public affairs; Right to information
Field Assessment Findings
As mentioned above, there were regular reports of communities and land
owners not knowing which company was responsible for fibre cable digging or
tower construction, including whom to contact in cases of emergency or grievance.
Cases of noise disturbance from generators powering towers were generally
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CHAPTER 4.7: LAND
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