41   Development permitted without consent

(1)  Development for the purpose of an electricity transmission or distribution network may be carried out by or on behalf of an electricity supply authority or public authority without consent on any land. However, such development may be carried out without consent on land reserved under the National Parks and Wildlife Act 1974 only if the development:

(a)  is authorised by or under that Act, or

(b)  is, or is the subject of, an existing interest within the meaning of section 39 of that Act, or

(c)  is carried out on land to which that Act applies over which an easement has been granted and is not contrary to the terms or nature of the easement, or

(d)  is an electricity work to which section 53 of the Electricity Supply Act 1995 applies.

(2)  In this clause, a reference to development for the purpose of an electricity transmission or distribution network includes a reference to development for any of the following purposes if the development is in connection with such a network:

(a)  construction works (whether or not in a heritage conservation area), including:

(i)  laying and installation of cables and cable pits, co-location of cabling and erection of ventilation and access structures, bridges and tunnel adits, and construction of a tunnel or conduit for an underground cable, and

(ii)  alteration, demolition or relocation of a local heritage item, and

(iii)  alteration or relocation of a State heritage item,

(b)  emergency works, or routine maintenance works, on the site of an existing component of a network or on land that is adjacent to such a site (whether or not the works are on land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies but, if they are on such land, only if any adverse effect on the land is restricted to the minimum possible to allow the works to be carried out),

(c)  environmental management works,

(d)  establishment of a new substation or an increase in the area of existing substation yards or the installation of equipment, plant or structures in existing substation yards or substation buildings,

(e)  above or below ground co-location of telecommunications cabling and associated structures,

(f)  an electricity generating unit to provide temporary support to the network at a substation or maintenance depot, but only if the combined capacity of all units at the substation or maintenance depot does not exceed 5 megawatts and none of the units is operated, or is intended to be operated, for more than 200 hours in any 12 month period.