88BWork excluded from being building work relating to Sydney Metro

#### 88B Work excluded from being building work relating to Sydney Metro 88B Work excluded from being building work relating to Sydney Metro > > (1) For the Act, section 4(2)(b), the following work is excluded from being building work— > > > > > (a) Sydney Metro work, > > > > > (b) over station enabling work if— > > > > > > > (i) the approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 5.2 was granted to Sydney Metro before 1 April 2022, and > > > > > > > (ii) the work does not exceed— > > > > > > > > > (A) the highest level containing fixed systems, plant or equipment used in connection with the operation or maintenance of the train station, depot, stabling yard or other rail infrastructure (the highest level), or > > > > > > > > > (B) if the work carried out is for the purpose of protecting the train station, depot, stabling yard or other rail infrastructure from the impact of building work—1 level above the highest level, > > > > > (c) work on a building, or part of a building, that— > > > > > > > (i) is not, or part of which is not, a class 2, 3 or 9c building, and > > > > > > > (ii) is otherwise considered to form a united building for the purposes of the National Construction Code, Part A7 by being connected or joined by a metro tunnel to an adjacent building that is, or part of which is, a class 2, 3 or 9c building. > > > (2) In this clause— > > > > metro tunnel does not include a tunnel used by pedestrians. > > **cl 88B:** Ins 2022 (783), Sch 1\[9\]. Am 2023 (65), Sch 1\[13\].