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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 23 October 2019 at 05:29)
Chapter 7 Part 1 Division 1
Division 1 What activities require approval?
68   What activities, generally, require the approval of the council?
(1)  A person may carry out an activity specified in the following Table only with the prior approval of the council, except in so far as this Act, the regulations or a local policy adopted under Part 3 allows the activity to be carried out without that approval.
(2)  This section does not apply to the carrying out of an activity specified in Part B of the following Table:
(a)  on land within the area of operations of the Sydney Water Board under the Sydney Water Act 1994, or
(b)  on land within the area of operations of the Hunter Water Board under the Hunter Water Act 1991.
(3)  This section does not apply to the carrying out of an activity specified in item 1, 2, 3, 4 or 6 of Part B of the following Table on land within the area of operations of a water supply authority constituted under the Water Management Act 2000.
Note.
 A person who fails to obtain an approval or who carries out an activity otherwise than in accordance with an approval is guilty of an offence—see secs 626 and 627.
Table
Approvals
Part A   Structures or places of public entertainment
1   
Install a manufactured home, moveable dwelling or associated structure on land
2, 3   (Repealed)
Part B   Water supply, sewerage and stormwater drainage work
1   
Carry out water supply work
2   
Draw water from a council water supply or a standpipe or sell water so drawn
3   
Install, alter, disconnect or remove a meter connected to a service pipe
4   
Carry out sewerage work
5   
Carry out stormwater drainage work
6   
Connect a private drain or sewer with a public drain or sewer under the control of a council or with a drain or sewer which connects with such a public drain or sewer
Part C   Management of waste
1   
For fee or reward, transport waste over or under a public place
2   
Place waste in a public place
3   
Place a waste storage container in a public place
4   
Dispose of waste into a sewer of the council
5   
Install, construct or alter a waste treatment device or a human waste storage facility or a drain connected to any such device or facility
6   
Operate a system of sewage management (within the meaning of section 68A)
Part D   Community land
1   
Engage in a trade or business
2   
Direct or procure a theatrical, musical or other entertainment for the public
3   
Construct a temporary enclosure for the purpose of entertainment
4   
For fee or reward, play a musical instrument or sing
5   
Set up, operate or use a loudspeaker or sound amplifying device
6   
Deliver a public address or hold a religious service or public meeting
Part E   Public roads
1   
Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway
2   
Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road
3   (Repealed)
Part F   Other activities
1   
Operate a public car park
2   
Operate a caravan park or camping ground
3   
Operate a manufactured home estate
4   
Install a domestic oil or solid fuel heating appliance, other than a portable appliance
5   
Install or operate amusement devices
6   (Repealed)
7   
Use a standing vehicle or any article for the purpose of selling any article in a public place
8, 9   (Repealed)
10   
Carry out an activity prescribed by the regulations or an activity of a class or description prescribed by the regulations
68A   Meaning of “operate a system of sewage management”
(1)  In this Part, operate a system of sewage management means hold or process, or re-use or discharge, sewage or by-products of sewage (whether or not the sewage is generated on the premises on which the system of sewage management is operated).
(2)  Without limiting subsection (1), operate a system of sewage management includes the following:
(a)  use artificial wetlands, transpiration mounds, trenches, vegetation and other effluent polishing, dispersal or re-use arrangements in related land application areas,
(b)  hold or process sewage that is to be subsequently discharged into a public sewer.
(3)  However, operate a system of sewage management does not include any of the following:
(a)  any action relating to the discharge of sewage directly into a public sewer,
(b)  any action relating to sewage or by-products of sewage after their discharge into a public sewer.
(4)  In this section:
public sewer means a sewer operated by a council or county council, a water supply authority (within the meaning of the Water Management Act 2000), a State owned corporation specified in Schedule 1 or 5 to the State Owned Corporations Act 1989 (or a subsidiary of such a corporation) or any other public or local authority.
related land application area, in relation to a sewage management facility, means the area of land (if any) where it is intended that effluent and bio-solid waste from the facility will be re-used, applied or dispersed into the environment.
sewage includes any effluent of the kind referred to in paragraph (a) of the definition of waste in the Dictionary to this Act.
sewage management facility means:
(a)  a human waste storage facility, or
(b)  a waste treatment device intended to process sewage,
and includes a drain connected to such a facility or device.
68B   Approvals not personal property under Personal Property Securities Act 2009 (Cth)
An approval under this Part is declared not to be personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.
Note.
 The Personal Property Securities Act 2009 of the Commonwealth does not apply in relation to a right, licence or authority granted by or under a law of a State that is declared by the law not to be personal property for the purposes of that Act.