An Act to validate and authorise the use of certain completed works for the augmentation of electricity supply in the Gosford–Wyong area; and for other purposes.
1 Name of Act
This Act may be cited as the Gosford–Wyong Electricity Supply (Special Provisions) Act 1985.
2 Interpretation
(1) In this Act:completed works means the works described in Schedule 1.the Commission means the Electricity Commission of New South Wales constituted by the Electricity Commission Act 1950.(2) In this Act, a reference to the acquisition of land is a reference to the acquisition of land (including the acquisition of an easement or right over land) in accordance with Division 5 of Part 3 of the Electricity Commission Act 1950.(3) The site of the completed works is as shown on the plan marked “Electricity Commission of New South Wales Gosford–Wyong Electricity Supply Augmentation General Site Location Drawing No 203785A1” signed by the Chief Manager/Transmission of the Commission and deposited in the office of the Commission.
3 Completed works validated
(1) The carrying out of the completed works by the Commission is, to the extent (if any) of any invalidity, deemed to be, and deemed always to have been, valid.(2) Where the completed works are erected on or over any land which has not been acquired by the Commission:(a) the owner or occupier of that land is not entitled to demolish, remove or otherwise interfere with those works, and(b) the Commission shall not be required to demolish or remove those works.
4 Acquisition of land
(1) The Commission shall, as soon as practicable after the commencement of this Act, acquire the land required for the purposes of the completed works which has not been acquired by the Commission.(2) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of any such acquisition of land.(3) Any acquisition of land effected or purporting to have been effected by the Commission before the commencement of this Act for the purposes of the completed works is, to the extent (if any) of any invalidity, deemed to be, and deemed always to have been, valid.(4) This section does not affect the right of a person to compensation for land acquired by appropriation or resumption.
5 Use etc of completed works authorised
(1) Notwithstanding anything in any environmental planning instrument, the Commission, or any person authorised by the Commission, may, on the land acquired or to be acquired for the completed works, carry out development for the purpose of the transmission of electricity, including (but without limiting the generality of the foregoing) the use of the completed works for that purpose.(2) Any environmental planning instrument for the time being applying to the land acquired or to be acquired for the completed works shall be deemed to contain a provision to the effect that development as referred to in subsection (1) may be carried out without development consent being obtained under the Environmental Planning and Assessment Act 1979.(3) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of the carrying out of development as referred to in subsection (1).(4) Expressions used in this section shall, unless the contrary intention appears, have the same meanings respectively as they have in the Environmental Planning and Assessment Act 1979.
Schedule 1 Description of completed works
(Section 2 (1))
1
Works for or associated with the augmentation of electricity supply to the Gosford–Wyong area comprising:
(a) a 330 kV electrical transmission line in the Parishes of Eglington, Ourimbah and Tuggerah in the County of Northumberland, commencing at a Tee point in the existing Munmorah to Sydney East 330 kV transmission line near the Sterland geodetic station located some 11 kilometres west-south-west of Wyong township, proceeding generally in an easterly direction for a distance of about 12 kilometres, traversing Ourimbah State Forest, passing to the north of Mardi Dam and terminating at Tower 6 (as shown on the plan referred to in section 2 (3)) adjacent to and west of the Pacific Highway about 2 kilometres south of Wyong township and some 1.5 kilometres north-west of the Tuggerah 330/132 kV electricity substation as described in paragraph (b),
(b) a 330/132 kV electricity substation located on part of portion 10 in the Parish of Tuggerah, County of Northumberland, included in Conveyance No 154 in book 3039,
(c) a 132 kV double circuit electrical transmission line in the Parishes of Tuggerah and Ourimbah in the County of Northumberland, commencing at the Tuggerah 330/132 kV electricity substation described in paragraph (b), proceeding generally in a southerly direction for about 3 kilometres through the Parish of Tuggerah, then turning and proceeding in a westerly direction for about 2 kilometres crossing the main Northern Railway and then turning south-west and proceeding for about 3.5 kilometres through the Parishes of Tuggerah and Ourimbah, with one circuit terminating at the existing Ourimbah 132/33 kV electricity substation located off Yates Road, Ourimbah, and the other circuit connecting to the existing Gosford to Ourimbah 132 kV transmission line about 300 metres west-south-west of the Ourimbah electricity substation, and
(d) works incidental to the works specified in paragraphs (a)–(c).
2
Roads of access to the works referred to in clause 1.
3
Works for the protection of the environment in connection with the carrying out of any of the works referred to in the other clauses of this Schedule.
4
Works ancillary or incidental to any of the works referred to in the other clauses of this Schedule.