Part 11AEssential infrastructure

Part 11A—Essential infrastructure 104A—Essential infrastructure—alternative assessment process (1) For the purposes of section 130(1) of the Act, infrastructure, equipment, structures, works and other facilities used in or in connection with— (a) the generation of electricity; or (b) the distribution or supply of electricity, (electricity infrastructure), other than excluded infrastructure, is prescribed, provided that the proponent in relation to the electricity infrastructure is a prescribed person (within the meaning of regulation 3CA). (1a) For the purposes of section 130(1) of the Act, sewerage infrastructure that is, or is to be used, for the treatment of sewage is prescribed. (2) An application under section 130(2) of the Act must be in a form determined by the Minister. (3) For the purposes of section 130(3) and (5) of the Act, the prescribed particulars are— (a) a description of the nature of the proposed work that the development involves; and (b) details of the location, siting, layout and appearance of the proposed work; and (c) if the proposed development is for the purposes of the provision of electricity generating plant with a generating capacity of more than 5 MW that is to be connected to the State's power system—a certificate from the Technical Regulator certifying that the proposed development complies with the requirements of the Technical Regulator in relation to the security and stability of the State's power system. (4) A notice under section 130(5) of the Act must be given to the council within 3 business days after the relevant application is lodged with the Commission. (5) For the purposes of section 130(9) of the Act, if an application relates to development of a class prescribed under Schedule 9, the Commission must refer the application, together with a copy of any relevant information provided by the proponent, to the relevant body under that Schedule for comment and report within the period of 30 business days (and this period will also be the period that applies under section 130(11) of the Act). (6) For the purposes of section 130(16) of the Act, the period of 60 business days is prescribed. (7) For the purposes of section 130(21)(b) of the Act, the following are prescribed criteria when considering a variance with the Building Rules: (a) that the provisions of the Building Rules are inappropriate to the particular building or building work, or that the proposed building work fails to conform with the Building Rules only in minor respects; (b) that the variance is justifiable having regard to the performance requirements of the Building Code and would achieve the objects of the Act as effectively, or more effectively, than if the variance were not to be allowed. (8) Despite subregulation (7), if in considering a matter under section 130(21) of the Act an inconsistency exists between the Building Rules and the Planning and Design Code in relation to a State heritage place or a local heritage place— (a) the Planning and Design Code prevails and the Building Rules must not be applied to the extent of the inconsistency; but (b) the person acting under that subsection must ensure, so far as is reasonably practicable, that standards of building soundness, occupant safety and amenity are achieved that are as good as can reasonably be achieved in the circumstances. (9) For the purposes of this regulation, a reference to electricity generating plant is a reference to electricity generating plant within the ambit of paragraph (a) of the definition of electricity infrastructure in section 4(1) of the Electricity Act 1996. (10) In this regulation— excluded infrastructure means— (a) electricity generating plant with a generating capacity of more than 30 MW; or (b) a section of powerlines (within the meaning of the Electricity Act 1996) of more than 5 km in length designed to convey electricity at more than 66 kV; 104B—Lapse of approval (1) Subject to this regulation, an approval under section 130 of the Act (whether subject to conditions or not) will lapse at the expiration of— (a) subject to the operation of paragraph (b)—12 months from the date of the approval; or (b) if the relevant development has been lawfully commenced by substantial work on the site of the development within 12 months from the date of the approval—3 years from the date of the approval, unless the development has been substantially or fully completed within those 3 years (in which case the approval will not lapse). (2) Subject to this regulation, an approval under section 130 of the Act for the proposed division of land will lapse at the expiration of 3 years from the date of the approval. (3) A period prescribed under subregulation (1) or (2) may be extended by the Minister— (a) when the relevant approval is given; or (b) at such later time as may be appropriate.