Digital Train Radio System Kingsgrove BTS Site Review of ...

(b) Complied with any reasonable procedures of the designated information provider as
to the manner of contacting the designated information provider and the information to
be provided by the person in connection with the person’s request for information, and
(c) Allowed a reasonable period for the requested information to be provided.
Clause 104B of the Electricity Supply (General) Regulation 2001 provides:
(1) Work of the following kind that is carried out within the distribution district of a
distribution network service provider is excavation work to which section 63Z of the Act
applies…
(b) Excavation that is, or is carried out in connection with, an activity within the meaning
of Part 5 of the Environmental Planning and Assessment Act 1979.
Consultation with the relevant service provider will occur in accordance with these provisions.
National Parks and Wildlife Act 1974
The excavating, moving or exhibiting of Aboriginal objects requires a permit under Section 87 of
the National Parks and Wildlife Act 1974 (NPW Act). The harming or desecration of Aboriginal
objects or places is an offence under Section 86 of the NPW Act. Under Section 90, an
Aboriginal heritage impact permit may be issued in relation to a specified Aboriginal object,
Aboriginal place, land, activity or person or specified types or classes of Aboriginal objects,
Aboriginal places, land, activities or persons.
There are no Aboriginal objects or places known to occur in the immediate vicinity of the
proposed site and no known items or places will be affected by the proposed work. Further, the
likelihood of uncovering Aboriginal heritage items is considered low (Refer to Section 4.6).
Safeguards have been proposed to address circumstances if an unexpected find occurs.
All native birds, reptiles, amphibians and mammals, except the dingo, are protected in NSW
under the NPW Act. The harming of protected fauna is prohibited under the NPW Act, but an
exemption applies in relation to things that are essential to the carrying out of an activity to
which Part 5 of the EP&A Act applies and where the determining authority has complied with
the provisions of that part. Potential impacts to fauna are considered in Section 4.4.
Protection of the Environment Operations Act 1997
In accordance with Section 55 of the Protection of the Environment Operations Act 1997 (POEO
Act), RailCorp holds an Environment Protection Licence (EPL), number 12208. The EPL applies
to the NSW Rail Network as defined in the Transport Administration Act 1988 for the purposes
of ‗railway systems‘, which is a scheduled activity under the POEO Act.
Under the provisions of the licence, RailCorp is required to seek a modification to the licence for
certain ‗scheduled‘ activities. However, the proposed works are not listed as a scheduled
activity under the POEO Act, and hence RailCorp is not required to seek a modification to its
licence under the POEO Act. Also, the works associated with the proposal will be confined to
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