64Exemption from requirement to hold controlled activity approvals

64 Exemption from requirement to hold controlled activity approvals

64 Exemption from requirement to hold controlled activity approvals

(1) A person is exempt from the Act, section 91E(1) in relation to carrying out a controlled activity specified in Schedule 4, Part 6 in the circumstances, and subject to the conditions, specified for the controlled activity.

(2) A public authority, other than Landcom, the Superannuation Administration Corporation or their subsidiaries, is exempt from the Act, section 91E(1) in relation to carrying out controlled activities in all circumstances.

(3) Without limiting subsections (1) and (2), a network operator or pipeline licensee is exempt from the Act, section 91E(1) in relation to carrying out a controlled activity relating to a relevant activity of the operator or licensee if—

(a) the relevant activity is carried out in, on or under waterfront land relating to a river, estuary or lake, other than in or on—

(i) the bed or banks of a river, or

(ii) the bed or shore of a lake, or

(iii) the bed or land lying between the bed and mean high water mark of an estuary, and

(b) the activity does not cause a change in the course of the river, and

(c) the operator or licensee, after considering the environmental impact of the activity under the Environmental Planning and Assessment Act 1979, section 5.5 as if the operator or licensee were the determining authority under that section, is satisfied the activity is not likely to significantly affect the environment.

(4) For the Act, section 113D, the Minister may impose a condition on an exemption under this section if the purpose of the condition is to protect the following—

(a) waterfront land,

(b) rivers, lakes and estuaries.

(5) The Minister may impose, vary or revoke the condition by—

(a) publishing a notice in the Gazette, or

(b) written notice to the exempt person.

(6) A notice published or given under this section must specify the following—