Water Management (General) Regulation 2018
Current version for 1 July 2020 to date (accessed 11 July 2020 at 20:46)
Part 3 Division 2 Subdivision 4
Subdivision 4 Exemption from requirement for controlled activity approval
40   Condition applying to all exemptions under this Subdivision
An exemption conferred under this Subdivision is subject to the condition that the person by whom the relevant controlled activity is carried out must comply with applicable requirements (if any) of the Minister that are published in the Gazette, or notified in writing to the person, for the purposes of this clause and that are for the protection of—
(a)  the waterfront land on which the activity is carried out, or
(b)  any river, lake or estuary to which that land has frontage.
41   Controlled activities—public authorities
A public authority is exempt from section 91E(1) of the Act in relation to all controlled activities that it carries out in, on or under waterfront land.
42   Controlled activities—persons other than public authorities
A person (other than a public authority) is exempt from section 91E(1) of the Act in relation to controlled activities specified in Part 2 of Schedule 4 that are carried out in, on or under waterfront land.
43   Network operators and pipeline licensees
(1)  A network operator or pipeline licensee is exempt from section 91E(1) of the Act in relation to a relevant activity of the operator or licensee if—
(a)  the activity is carried out in, on or under waterfront land relating to a river, estuary or lake (other than in or on the bed or banks of a river, the bed or shore of a lake, or the bed of land lying between the bed and mean high water mark of an estuary), and
(b)  the activity does not cause any change in the course of the river, and
(c)  the operator or licensee, after considering the environmental impact of the activity in accordance with section 5.5 of the Environmental Planning and Assessment Act 1979 (as if the operator or licensee were the determining authority under that section), is satisfied that activity is not likely to significantly affect the environment.
(2)  In this clause—
network operator means a network operator that is licensed or authorised under the Water Industry Competition Act 2006, Gas Supply Act 1996 or Electricity Supply Act 1995.
pipeline licensee means a licensee under the Pipelines Act 1967.
relevant activity of a network operator or pipeline licensee means the construction, modification, repair or maintenance of, or emergency work on—
(a)  in the case of a network operator, the operator’s water, gas or electricity infrastructure, and
(b)  in the case of a pipeline licensee, the pipeline the subject of the licence and its associated infrastructure.