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)](/view/html/inforce/current/act-2012-82a) applies, > > > > > (e) any activity on a public road or classified road within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033), > > > > > (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](/view/html/inforce/current/act-1995-094), > > > > > (g) any activity to which the [Civil Aviation Act 1988](http://www.legislation.gov.au/) of the Commonwealth, the [Air Services Act 1995](http://www.legislation.gov.au/) of the Commonwealth or the [Transport Safety Investigation Act 2003](http://www.legislation.gov.au/) 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 \[19\]–\[21\].