VIC Telstra

[MariaPan]

Hi, I haven't managed to obtain an understanding of where I stand, so thought to try my luck here.

There's a Telstra pit that's smack bang in the middle of the crossover of my property and my neighbour's. Long story short, due to our build, the shared crossover of my property and the neighbour's need to be fixed. My builder and I will split the cost of the crossover, which I'm ok with. Council have come back and said that due to the location of the Telstra pit, I'll need permission from Telstra. Telstra have said that due to no damage, and simply due to relocation because of 'my preference ', there will be a charge of $7549. My builder says I have to fork out the full amount plus the agreed portion of the crossover works. I've been quite distressed by this. Firstly, I always thought the pit was decommissioned because a previous NBN technician told me the pit wasn't theirs and there was nothing there for them to run the cables. I've looked on BYDA and there's no record of the pit between my property and the neighbour's. I've called up Telstra and they didn't know what I was referring to about the pit as they don't have records of it. Yet, they were more than happy to quote for relocation. Even though the operator could not locate records of the pit, they refused to send me written confirmation of this. Instead they keep referring me to their assets department, who have said that they'll charge me (and the online form suggests I am agreeing to the relocation) to send out someone to confirm the status of the pit. I don't agree that I should be charged for this, that they should have records if it is truly theirs. I've checked under the lid, and there's no cables, just lots of dirt and grass, so obviously not maintained. I don't know what to do next. Council is pressuring me to fix driveway but won't give permit until I have dealt with the pit, which I truly don't believe it's my responsibility given it appears not in used.

 

[Atticus]

That’s a very tricky (and unfortunately common) situation in Victoria when it comes to old utility pits, especially around crossovers. Here’s a clear breakdown of your position and possible next steps:

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1. Ownership and responsibility​

• Telstra pits: Even if disused or empty, if a pit is still classed as Telstra infrastructure, it usually remains their asset until officially decommissioned.
• NBN vs Telstra: Many older pits are ex-Telstra, but not all were mapped into NBN’s records when the NBN rollout happened. That’s why you’re seeing the “nobody knows” problem — BYDA (Before You Dig Australia) only shows what utilities have reported.
• Council’s position: They won’t let you alter a public asset (even a crossover) if there’s uncertainty about utilities beneath it — they push the responsibility back to you to resolve with the asset owner.

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2. Key issues in your case​

• BYDA shows no record.
• Telstra staff can’t confirm it’s theirs.
• NBN previously said it wasn’t theirs.
• The pit appears empty/unmaintained.
• Telstra still quoted relocation ($7,549) without confirming ownership or use.

That means they’re treating you as if you’ve admitted it’s theirs, when they haven’t proven it.

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3. Options you have​

a) Push Telstra harder on records

• You can make a formal written request under the Telecommunications Act 1997 for them to confirm if it’s an asset.
• If they refuse to confirm ownership, you can lodge a complaint with the Telecommunications Industry Ombudsman (TIO). The TIO can compel them to clarify ownership before charging you.

b) Engage Council

• Point out that BYDA has no record, and Telstra cannot confirm ownership. Ask Council if they will accept a written declaration from you (supported by BYDA search results and photos of the pit) that no live utility is present.
• Some councils will accept this with an engineer’s report or after you engage a locator (a Dial Before You Dig accredited locator can scan to confirm).

c) Independent verification

• You can pay a private utility locator (~$300–$600, much cheaper than Telstra’s $7.5k) to scan and verify whether there are cables or conduits in/under the pit. This gives you evidence to present to Council or to challenge Telstra.

d) Challenge the cost allocation

• If the pit is confirmed Telstra’s, and relocation is required solely because of the crossover works, then it becomes a “shared cost” issue. It’s unfair for your builder to dump the full $7.5k on you if the crossover serves both properties. Council may even back you if you argue that the pit obstructs a public crossover serving multiple lots.

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4. Practical next steps​

1. Get everything in writing — from Telstra and Council. No more verbal “it might be ours.”
2. Run another BYDA enquiry and keep the reference.
3. Engage an independent locator to scan the pit.
4. If Telstra still insists without proof → lodge with TIO (free for you).
5. Present your evidence (BYDA + locator report) to Council and request they accept that the pit is abandoned or not in use.
6. If proven Telstra’s, push for cost-sharing with your builder and neighbour, as the relocation is triggered by the shared crossover, not just your preference.

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👉 Bottom line: Don’t agree to Telstra’s relocation charge until they prove it’s theirs. Get an independent locator report, then either push Council to proceed or escalate through the TIO

 

[MariaPan]

Thank-you so so much. I appreciate how knowledgeable and comprehensive your advice is. I will try my luck with Telstra and the council first. If unsuccessful, I will discuss with my builder (the neighbour isn't involved as it was my build that resulted in the need for the crossover to be fixed). I am hopeful of a mutually agreeable outcome with my builder, but given how challenging they've been to deal with, if they refuse to share the cost of the pit relocation, is my only recourse VCAT?

 

[MariaPan]

Thank-you so so much. I appreciate how knowledgeable and comprehensive your advice is. I will try my luck with Telstra and the council first. If unsuccessful, I will discuss with my builder (the neighbour isn't involved as it was my build that resulted in the need for the crossover to be fixed). I am hopeful of a mutually agreeable outcome with my builder, but given how challenging they've been to deal with, if they refuse to share the cost of the pit relocation, is my only recourse VCAT?

Update: I thought the TIO process would take a while but I almost received an immediate reply from the TIO that they won't be dealing with my complaint about Telstra since its about infrastructure on council land and council needs to deal with this. That was the only reason provided. Council's previous advice to me was that I had to go to the TIO. I am so confused....so I don't have a forum to complain about Telstra?

 

[Atticus]

Hi Maria ... Good to know the info is helpful. Compliments of Chatgpt Free You can sign up for free to receive further advice or to assist in drafting a letter to Telstra

Below is the advice regarding your last update .. Cheers

Ah, yes — that’s confusing, but unfortunately it’s a common “ping-pong” problem in Victoria. Here’s what’s happening and why you’re stuck in the middle:

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1. TIO jurisdiction​

• The Telecommunications Industry Ombudsman (TIO) only deals with complaints about Telstra (or other telcos) where the issue is directly related to their service or billing.
• If the pit is on council land, the TIO says: “It’s not our jurisdiction because it’s technically a council asset, not a customer service dispute.”

So even though it’s Telstra infrastructure, because it’s on a public (council) footpath/crossover, TIO won’t intervene.

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2. Council jurisdiction​

• Council is responsible for approval of works on public land (including crossovers, footpaths, or pits on public land).
• They can require you to “sort out” any utility before permitting driveway works, but they typically don’t determine ownership of utilities — that’s where it gets messy.
• In practice, Council is saying: “You need Telstra to confirm — or handle it — before we’ll issue the permit,” but they can’t force Telstra to provide confirmation or waive the cost.

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3. Your practical options​

Even if TIO won’t help, you aren’t entirely without recourse:


a) Written evidence to Council

• Submit all your BYDA searches, NBN statements, Telstra correspondence, and photos of the pit.
• Ask Council to accept this as evidence that the pit appears abandoned or unused. Some councils will issue a permit conditional on your statements or a private utility report.

b) Independent utility locator

• As I mentioned before, a scan by a Dial Before You Dig-accredited utility locator (~$300–$600) is much cheaper than Telstra’s relocation quote.
• Council may accept that as proof no live cables are present, allowing you to proceed without paying Telstra.

c) Written request to Telstra for confirmation

• Even if TIO won’t intervene, a formal letter under the Telecommunications Act 1997 demanding confirmation of whether the pit is still an active asset can sometimes force Telstra to provide a clear answer.
• Keep the correspondence — it strengthens your case with Council.

d) Escalate within Council

• Ask for a formal assessment or “Director of Engineering” review. Some councils will accept independent verification rather than Telstra’s approval if it’s clear the pit is abandoned.

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⚖️ Summary​

• TIO won’t deal with it → because the pit is on council land.
• Council can’t give a permit until you resolve it → but they may accept evidence you gather yourself.
• Your best next move → independent utility scan + formal written evidence to Council, and optionally a formal written request to Telstra to clarify ownership.

Below is a draft you can adapt and send to Telstra’s Asset Management / Infrastructure team (keep it polite but firm, and copy your council contact if possible so they see you’re making a good-faith effort):

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Subject: Request for Confirmation of Ownership/Status of Pit at [Your Address]


Dear Telstra Asset Management,


I am writing to formally request confirmation regarding the telecommunications pit located at the shared crossover of [insert address/es].

• The pit does not appear in the BYDA records for my property or the adjoining property.
• A previous NBN technician has advised the pit was not an NBN asset.
• I have contacted Telstra previously and was told that no records could be located for this pit.
• On inspection under the lid, there are no cables or conduits present — the pit contains only soil and grass.

Despite this, I have been issued with a relocation quote. However, before any relocation or charges can be considered, I require formal written confirmation of whether this pit is:

1. A Telstra asset still in service;
2. A Telstra asset that has been decommissioned/abandoned; or
3. Not a Telstra asset at all.

Given that this pit is located on council land, and Council requires clear confirmation of ownership before issuing a permit for necessary crossover works, I request that Telstra provide a written determination of the pit’s status within 21 days.


If Telstra is unable to confirm the pit as an active Telstra asset, I ask that this also be confirmed in writing, so that I may provide evidence to Council.


This request is made under the Telecommunications Act 1997 and in line with Telstra’s obligations as a carrier to maintain accurate records of its infrastructure.


Thank you for your prompt attention.


Sincerely,
[Your full name]
[Your address]
[Your contact details]

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📌 Tips when sending:

• Send via email and registered post if you can (Telstra sometimes “loses” emails).
• Keep copies of everything — each attempt to get clarity helps if you later need to escalate with Council or VCAT.
• If they don’t reply or give you a vague answer, that strengthens your position with Council to accept an independent locator’s report instead.

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Good luck