Exemption from requirement to hold controlled activity approvals
64 Exemption from requirement to hold controlled activity approvals
A person is exempt from the Act, section 91E(1) in relation to carrying out a controlled activity specified in Schedule 4, Part 6 in the circumstances, and subject to the conditions, specified for the controlled activity.
A public authority, other than Landcom, the Superannuation Administration Corporation or their subsidiaries, is exempt from the Act, section 91E(1) in relation to carrying out controlled activities in all circumstances.
Without limiting subsections (1) and (2), a network operator or pipeline licensee is exempt from the Act, section 91E(1) in relation to carrying out a controlled activity relating to a relevant activity of the operator or licensee if—
the relevant activity is carried out in, on or under waterfront land relating to a river, estuary or lake, other than in or on—
the bed or banks of a river, or
the bed or shore of a lake, or
the bed or land lying between the bed and mean high water mark of an estuary, and
the activity does not cause a change in the course of the river, and
the operator or licensee, after considering the environmental impact of the activity under the Environmental Planning and Assessment Act 1979, section 5.5 as if the operator or licensee were the determining authority under that section, is satisfied the activity is not likely to significantly affect the environment.
For the Act, section 113D, the Minister may impose a condition on an exemption under this section if the purpose of the condition is to protect the following—
waterfront land,
rivers, lakes and estuaries.
The Minister may impose, vary or revoke the condition by—
publishing a notice in the Gazette, or
written notice to the exempt person.
A notice published or given under this section must specify the following—
the person required to comply with the condition,
the land the condition applies to,
the steps that must be taken by the person required to comply with the condition.
The condition takes effect on—
the date specified in the notice, or
if no date is specified—the day on which the notice is published or given to the person.
In this section—
network operator means a network operator licensed or authorised under the—
Water Industry Competition Act 2006, or
Gas Supply Act 1996, or
Electricity Supply Act 1995.
pipeline licensee means a licensee under the Pipelines Act 1967.
relevant activity, of a network operator or pipeline licensee, means the construction, modification, repair or maintenance of, or emergency work on—
for a network operator—the operator’s water, gas or electricity infrastructure, and
for a pipeline licensee—the pipeline the subject of the licence and its associated infrastructure.
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