8Water industry infrastructure excluded from the Act, Part 2

8 Water industry infrastructure excluded from the Act, Part 2

8 Water industry infrastructure excluded from the Act, Part 2

(1) For the Act, section 5(2)(b), the following water industry infrastructure is excluded from the application of the Act, Part 2—

(a) water industry infrastructure specified in the Act, section 5(1)(c), if the infrastructure is not also covered by the Act, section 5(1)(a) or (b),

(b) water industry infrastructure specified in this regulation, section 7,

(c) water industry infrastructure specified in this regulation, Schedule 1.

(2) Subsection (1)(a) and (b) apply to water industry infrastructure only if—

(a) the water industry infrastructure is—

(i) immediately before 1 March 2024, constructed but not yet operated by or on behalf of a council, or

(ii) immediately before 1 March 2024, operated by or on behalf of a council, or

(iii) on or after 1 March 2024, constructed and operated by or on behalf of a council, in accordance with an existing consent, and

(b) the construction or operation of the water industry infrastructure is not substantially modified or expanded on or after 1 March 2024.

(3) In this section—

existing consent means one of the following in force immediately before 1 March 2024—

(a) a development consent or approval under the Environmental Planning and Assessment Act 1979,

(b) for development not requiring development consent or approval under the Environmental Planning and Assessment Act 1979—a resolution of the council.

Note—

The Act, section 5(2)(a) provides that the Act, Part 2 does not apply to water industry infrastructure within the area of operations of a public water utility and operated by or on behalf of the public water utility, other than as a last resort provider.