11Activities to which Act does or does not apply

11 Activities to which Act does or does not apply

11 Activities to which Act does or does not apply

(1) The following activities are not mining operations or petroleum operations for the purposes of this Act—

(a) an activity carried out in relation to the extraction of minerals or petroleum on private land for the private and non-commercial use of the owner of the land,

(b) fossicking,

(c) any activity where the extraction of minerals or petroleum is incidental to the activity,

Example—

Civil works such as tunnelling to create a road.

(d) railway operations to which the Rail Safety National Law (NSW) applies,

(e) any activity on a public road or classified road within the meaning of the Roads Act 1993,

(f) the construction, commissioning, operation or decommissioning of the distribution system or transmission system owned or controlled by a network operator under the Electricity Supply Act 1995,

(g) any activity to which the Civil Aviation Act 1988 of the Commonwealth, the Air Services Act 1995 of the Commonwealth or the Transport Safety Investigation Act 2003 of the Commonwealth (in so far as it applies to aircraft) applies,

(h) an activity carried out in relation to the extraction of geothermal energy from a source that has a temperature of less than 70 degrees Celsius or that is situated less than one kilometre below the surface of the earth,

(i) any activity prescribed by the regulations.

(2) The regulations may create exceptions to or otherwise limit the operation of this section.

s 11: Subst 2014 No 71, Sch 1 [7]. Am 2015 No 43, Sch 1 [19]–[21].