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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 15 November 2019 to date (accessed 19 November 2019 at 22:18)
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 (ACN 081 455 754).
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 (within the meaning of Part 8A of the Transport Administration Act 1988) 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 Division 15 of Part 3 of State Environmental Planning Policy (Infrastructure) 2007.
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 Planning Secretary 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, or development that is a Part 3A project.
(2)  The Planning Secretary 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 Planning Secretary,
(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 Planning Secretary and the public,
(i)  protocols for auditing the performance of and compliance with the Code,
(j)  any other matters required by the Minister.
244G, 244H   (Repealed)
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.