408   Arrangements excluded from provisions relating to public-private partnerships

(1)  For the purposes of section 400B (1) of the Act, the following arrangements are excluded from the operation of Part 6 of Chapter 12 of the Act:

(a)  any contract between a council and a private person that would, but for a resolution by the council to enter into a public-private partnership, be subject to the tendering requirements under section 55 of the Act,

(b)  any arrangement arising out of the operation of Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979,

(c)  any arrangement arising out of the imposition by a council of a requirement under section 306 of the Water Management Act 2000 (as applying to the council by virtue of section 64 of the Act).

(2)  In this clause, private person has the same meaning as in section 400B (2) of the Act.