28Meaning of “notifiable excavation work”—the Act, s 63Z(4)

28 Meaning of “notifiable excavation work”—the Act, s 63Z(4)

28 Meaning of “notifiable excavation work”—the Act, s 63Z(4)

(1) The following kind of work carried out within the distribution district of a distributor is excavation work to which the Act, section 63Z applies (notifiable excavation work)—

(a) excavation that requires, or is carried out under, a planning approval,

(b) excavation that is, or is carried out in connection with, an activity within the meaning of the Environmental Planning and Assessment Act 1979, Part 5,

(c) excavation of land conducted by or on behalf of a public authority,

(d) excavation of land on which an underground utility service is located, or proposed to be located, by or on behalf of the owner or proposed owner of the service,

(e) excavation of land on which an underground utility service is located for the purpose of repairing or maintaining works connected with the utility service.

(2) Despite subsection (1), the following is not excavation work—

(a) excavation, conducted using machinery or powered tools, to a depth of less than 150mm,

(b) ploughing, on land within a rural zone or a rural-residential zone under an environmental planning instrument, to a depth of less than 250mm,

(c) excavation, conducted without the use of machinery or powered tools, to a depth of less than 300mm,

(d) excavation conducted under a lease, licence or mineral claim under the Mining Act 1992,

(e) excavation conducted in an emergency, including work to prevent or mitigate—

(i) injury or death, or

(ii) serious damage to property or the environment,

(f) excavation, conducted without the use of machinery or powered tools by, or on behalf of, the owner of a utility service, to—

(i) ascertain the location of the service, or

(ii) test the integrity of the service,