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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Historical version for 12 February 2010 to 28 February 2010 (accessed 8 April 2020 at 19:59) Current version
Part 14 Division 8
Division 8 Special provisions relating to Australian Rail Track Corporation Ltd
244D   Definitions
In this Division:
activities for the purposes of ARTC rail infrastructure facilities includes activities (within the meaning of Part 5 of the Act) for any one or more of the following purposes:
(a)  development for the purposes of the construction, maintenance or operation of ARTC rail infrastructure facilities,
(b)  geotechnical investigations relating to ARTC rail infrastructure facilities,
(c)  environmental management and pollution control relating to ARTC rail infrastructure facilities,
(d)  access for the purpose of the construction, maintenance or operation of ARTC rail infrastructure facilities,
(e)  temporary construction sites and storage areas, including temporary batching plants, the storage of plant and equipment and the stockpiling of excavated material.
approved Code means a Code prepared by ARTC and approved by the Minister under this Division.
ARTC means the Australian Rail Track Corporation Ltd.
ARTC arrangement means a lease, licence or other arrangement under Part 8A of the Transport Administration Act 1988.
ARTC lease or licence means a lease or licence under Part 8A of the Transport Administration Act 1988.
ARTC rail infrastructure facilities means rail infrastructure facilities owned by ARTC or a rail authority that are:
(a)  situated on land subject to an ARTC arrangement, or
(b)  subject to an ARTC arrangement.
rail infrastructure facilities has the same meaning as it has in Part 8A of the Transport Administration Act 1988.
wetlands affected activity means a project for the purposes of ARTC rail infrastructure facilities (other than a project listed in Schedule 1 to State Environmental Planning Policy (ARTC Rail Infrastructure) 2004) that, but for clause 5 (2) (b) of that Policy, would include designated development under State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests.
244E   Code required for rail infrastructure facilities must be complied with by ARTC
(1)  ARTC must comply with the requirements of an approved Code in respect of an activity for the purposes of ARTC rail infrastructure facilities if a Code is in force under this Part in relation to the activity.
(2)  However, ARTC is not required to comply with subclause (1) if the Minister gives written notice to ARTC that the activity is not required to be covered by, or dealt with in accordance with, an approved Code.
(3)  An exemption under subclause (2) may be made subject to conditions and may be revoked or varied at any time.
(4)    (Repealed)
244F   Approved Code
(1)  ARTC must prepare a Code and make an application to the Director-General for approval of the Code.
(1A)  The Code is to apply to activities for the purposes of ARTC rail infrastructure facilities, other than activities for which ARTC is required to furnish or obtain an environmental impact statement.
(2)  The Director-General is to assess an application for approval of a Code and to provide a report to the Minister on any such application as soon as practicable after receiving an application.
(3)  The Minister may approve a Code prepared by ARTC for the purposes of this Part and may specify the period for which the approval is in force.
(4)  The Minister must give ARTC written notice of any approval or refusal to approve a Code. In the case of a refusal, the notice is to set out reasons for the refusal.
(5)  An approval may be made subject to conditions and may be revoked or varied at any time.
(6)  A Code approved for the purposes of this clause must contain the following matters:
(a)  classes of activities for the purposes of the application of the Code,
(b)  assessment requirements for specified activities or classes of activities,
(c)  procedures for carrying out assessments,
(d)  protocols for consultation,
(e)  requirements for consideration of any advice by the Director-General,
(f)  requirements for consideration of environmental management procedures in relation to effects on the environment of activities,
(g)  requirements for documentation,
(h)  protocols for the availability of documentation to the Minister, the Director-General and the public,
(i)  protocols for auditing the performance of and compliance with the Code,
(j)  any other matters required by the Minister.
244G   Circumstances in which an environmental impact statement is or is not required for ARTC rail infrastructure facilities (other than wetlands affected activities)
(1)  This clause takes effect on 1 September 2005 or on such later date as the Minister may approve.
(2)  For the purposes of section 112 (1) of the Act, an activity for the purposes of ARTC rail infrastructure facilities (other than an activity for which an environmental impact statement must be obtained under section 244H) is a prescribed activity for which an environmental impact statement must be furnished or obtained.
(3)  However, an activity for those purposes is not a prescribed activity for the purposes of section 112 (1) of the Act if:
(a)  the Minister gives written notice to ARTC that the activity is not an activity covered by subclause (2), or
(b)  an approved Code is in force in relation to the activity, or
(c)  an exemption is in force under clause 244E (2) in relation to the activity.
(4)  An exemption under subclause (3) may be made subject to conditions and may be revoked or varied at any time.
(5)  This Division does not affect any requirement (other than a requirement arising under this Division) arising under Part 5 of the Act in relation to an activity for the purposes of ARTC rail infrastructure facilities.
244H   Wetlands affected activities that require environmental impact statements
(1)  For the purposes of section 112 (1) of the Act, a wetlands affected activity is a prescribed activity for which an environmental impact statement must be furnished or obtained.
(2)  Subclause (1) does not apply to a wetlands affected activity if the only part of the project concerned that relates to land and development affected by State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests concerns the maintenance or operation of rail infrastructure facilities.
244I   Existing environmental impact statements and assessments
To avoid doubt, the preparation of an environmental impact statement and any other thing done under Part 5 of the Act before the commencement of this clause in connection with rail infrastructure facilities or a wetlands affected activity are taken to have been done for the purposes of the preparation of an environmental impact statement or other thing under that Part as a result of the operation of this Division.
244J   Continuing application of Division 4 of Part 5 of Act to Sandgate rail project
(1)  This clause is made under clause 1 of Schedule 6 to the Act, as a consequence of the enactment of the Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005.
(2)  The clause relating to pending or previous matters under Division 4 of Part 5 of the Act, as inserted in Schedule 6 to the Act by Schedule 1 [33] to the Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005, applies to the Sandgate rail project in the same way as it applies to an activity for which the Minister’s approval was sought under Division 4 of Part 5 of the Act before its repeal.
(3)  To avoid doubt, an application for the Minister’s approval in relation to the Sandgate rail project may be made under Division 4 of Part 5 of the Act, and that Division continues to apply to any such application, as if the Division had not been repealed.
(4)  In this clause:
Sandgate rail project means the proposed project relating to a grade separation of the rail lines at Sandgate, as described in the environmental impact statement for the Sandgate Rail Grade Separation, prepared by GHD Pty Ltd and dated 18 March 2005 (as modified by the Representations Report for the Sandgate Rail Grade Separation prepared by GHD Pty Ltd and dated July 2005).