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

land on which is currently used by the railway. The proposed works would comply with the
requirements of the EPL 12208, in addition to the general obligations set out in the POEO Act,
and would not require a variation.
Heritage Act 1977
Section 57(1) of the Heritage Act 1977 lists the types of activities/works that require approval
from the Heritage Office when working on/in an item/place listed on the State Heritage Register.
An application for an exemption can also be made under some circumstances.
The proposed work is to be undertaken in an area where Kingsgrove Railway Station Group is
listed under s.170 NSW State agency heritage register. However the site is not within its
heritage boundary. Therefore approval under the Heritage Act is not required. More information
about heritage is included in Section 4.6.
Roads Act 1993
Under Section 138 of the Roads Act 1993, a person must not ―erect a structure or carry out a
work in, on or over a public road, or dig up or disturb the surface of a public road...” other than
with the consent of the appropriate roads authority.
Kingsgrove Avenue will be used to access the proposed site and is not a classified road under
the meaning of the Roads Act. Approval from the Roads and Maritime Services will not be
required.
Threatened Species Conservation Act 1995
The Threatened Species Conservation Act 1995 (TSC Act) is directed at conserving threatened
species, populations and ecological communities of animals and plants. Threatened species,
populations, endangered ecological communities are not likely to occur at the site and further
consideration under the Act is not required.
Native Vegetation Act 2003
The Act provides for sustainable management and conservation of native vegetation. The
legislation creates a structure which permits the clearing of native vegetation only in accordance
with a property management plan, subject to certain limitations.
RailCorp‘s guideline for the vegetation management in rail corridors provides a framework for
compliance with this Act.
The proposed works do not include native vegetation clearing and therefore provisions of the
Act do not apply.
Page 18 of 78