12When planning authority not required to notify regulated entity about planning application

12 When planning authority not required to notify regulated entity about planning application

(1)  For section 56O(2)(b) of the Act, an application is exempted from the requirement for notice to be given of it to a regulated entity if the application does not relate to a development that –

(a) shows on a plan a structure 2 metres or less from any underground infrastructure of the regulated entity; or

(b) involves non-residential, commercial, industrial or other processes that generate trade waste for discharge to a sewer; or

(c) involves non-residential, commercial, industrial or other processes and has, or will require, a connection to the reticulated water supply; or

(d) is likely to increase the demand for water or sewerage services or will require an increase in the connection size for the property on which the development is to occur; or

(e) involves work, in a water supply catchment, that may affect water quantity or quality; or

(f) is within an area of land that the regulated entity has declared, by notice to the relevant planning authority, to be a buffer zone; or

(g) includes, or will affect, infrastructure that crosses over, or will cross over, any of the entity's water infrastructure or sewerage infrastructure; or

(h) consists of or includes a subdivision of land into 2 or more lots, the issue of 2 or more strata titles or a consolidation of 2 or more lots into one lot or 2 or more strata titles into one lot; or

(i) involves rezoning or other amendments to a planning scheme under the Land Use Planning and Approvals Act 1993 ; or

(j) involves demolition of a structure or works that are connected to a regulated entity's water infrastructure or sewerage infrastructure.

(2)  A regulated entity may, in a notice under subregulation (1)(f) , declare an area of land to be a buffer zone if, in the opinion of the entity, the area of land is sufficiently close to the point at which wastewater enters, or is emitted from, a sewage treatment works of the entity that the entity ought to assess the suitability of a proposed use of the land.