38Excavation work requiring contact with designated information provider—the Act, s 64C

38 Excavation work requiring contact with designated information provider—the Act, s 64C

38 Excavation work requiring contact with designated information provider—the Act, s 64C

(1) Work of the following kind that is carried out within the gas network of a network operator is excavation work to which the Act, section 64C applies (notifiable excavation work)—

(a) excavation for which development consent is required or that is carried out under a development consent,

(b) excavation that is, or is carried out in connection with, an activity within the meaning of the Environmental Planning and Assessment Act 1979, Division 5.1,

(c) excavation carried out 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 the repair or maintenance of works connected with the utility service.

(2) Work of the following kind is not notifiable excavation work—

(a) excavation carried out with the use of machinery or powered tools to a depth of less than 150mm,

(b) excavation for the purposes of ploughing, to a depth of less than 250mm, on land—

(i) in a rural zone under an environmental planning instrument, or

(ii) containing residential housing in a rural setting,

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

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

(e) excavation carried out in an emergency, including work to prevent or mitigate injury, death or serious damage to property or the environment,

(f) excavation carried out without the use of machinery or powered tools by, or on behalf of, the owner of a utility service for the purposes of—