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ELECTRICITY NETWORK ASSETS (AUTHORISED TRANSACTIONS) ACT 2015 - SECT 41

Planning laws

41 Planning laws

(1) For the purposes of any environmental planning instrument, the supply of electricity by an authorised network operator is a public utility undertaking carried on by the authorised network operator as an electricity supply authority.
(2) For the purposes of any relevant planning law provision, the carrying out of development by or on behalf of an authorised network operator for the purpose of an electricity transmission or distribution network (within the meaning of State Environmental Planning Policy (Infrastructure) 2007 ) constitutes the carrying out of that development by the authorised network operator as an electricity supply authority and public authority.
(3) After a distribution system or transmission system becomes a transacted distribution system or transacted transmission system, a reference in an environmental planning instrument to the former network operator is to be read as a reference to the authorised network operator that operates the transacted distribution system or transacted transmission system.
(4) In this section--

"environmental planning instrument" has the same meaning as in the Planning Act.

"former network operator" means the electricity network SOC that was the network operator of the distribution or transmission system concerned before the authorised network operator became the network operator.

"Planning Act" means the Environmental Planning and Assessment Act 1979 .

"relevant planning law provision" means--
(a) any provision of an environmental planning instrument that permits specified development to be carried out with or without development consent, or
(b) any provision of an environmental planning instrument that deals with the obligations of a public authority in connection with the carrying out of development by or on behalf of the public authority that may be carried out without development consent (including the carrying out of an activity to which Part 5 of the Planning Act applies).



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