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Quarrying and Related Public Works Act 2004 (NI)

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Act No. 23 of 2004
Other document - Other as made
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 10 Dec 2015

 

 

NORFOLK                            ISLAND

 

 

 

Quarrying and Related Public Works ACT 2004

 

[Consolidated as at 18 August 2013

on the authority of the Administrator

and in accordance with

the Enactments Reprinting Act 1980]

________

 

 

 

TABLE OF PROVISIONS

Section

 

         1.      Short title

         2.      Commencement

         3.      Definitions

         4.      Grant or approval to move and treat extractive material

         5.      Limitation on approvals

         6.      Effect of an approval to move and treat extractive material.

         7.      Breach of condition of approval to treat extractive material

 


 

NORFOLK                            ISLAND

 

 

 

Quarrying and Related Public Works Act 2004

 

____________________________________________________________

 

An Act to provide for the control of certain extractive and related works in and for the public interest.

 

BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows —

 

Short title

      1.         This Act may be cited as the Quarrying and Related Public Works Act 2004.

Commencement

      2.         This Act commences on the day on which notification of assent is published in the Gazette.

Definitions

      3.         In this Act —

“extractive industry” means the quarrying or other extraction of sand, clay, gravel, turf, soil, rock, stone or similar material from land and includes the sorting, crushing or other treatment of, or the manufacture of products from such materials whether on the land from which such materials are quarried or extracted, or on adjacent land, or on land to which the materials have, with approval, been removed for such purposes;

“extractive material” means material that has been quarried or otherwise extracted from land as part of an extractive industry.

Grant of approval to move and treat extractive material

      4.         (1)        Subject to this section, the Minister may, upon application, grant approval for a person to sort, crush, or otherwise treat extractive material, or manufacture products therefrom at a place, being a place that is not situated in a Residential, Business, Mixed Use, Light Industry, or Conservation Zone.

                  (2)        The Minister must not grant an approval under subsection (1) unless the Legislative Assembly has approved the form of approval.


 

                  (3)        An approval granted under this section may only be given if —

(a)        the Minister and the Legislative Assembly are of the opinion that the work required to be done in accordance with such an approval is required in the public interest;

(b)        the approval when granted is granted for work to be done over a period not exceeding a total of  7 working days;

(c)        the approval expires upon completion of 7 working days or 60 days after the grant of approval whichever first occurs;

(d)       work using the extractive material is prohibited before the hours of 7:30 am and after 5:00 pm on any day;

(e)        when more than one person has sought approval under subsection (1), the Minister must ensure that each applicant is treated as equally as is reasonably possible in the circumstances, or as may be agreed between the applicants and the Minister, to the intent that neither is given greater preference than the other.

                  (4)        An approval given under this section permits the loading and carriage of extractive material from one place to an approved place in order to treat the extractive material at the approved place and may include approval to load and take treated material from the approved place to another place.

                  (5)        The Minister may impose such further or other conditions upon an approval given under subsection (1) as he or she, or the Legislative Assembly, consider appropriate or necessary in the public interest.

                  (6)        In paragraph 4(3)(b) a “working day” consists of two half day periods the first between 7:30 am and noon and the second between 1:00 pm and 5:00 pm.

Note:       If for example approval was given for 7 days work, the 7 day period might be made up of the first period on day 1 followed by both periods on days 3 and 4, the second period on days 5 and 6 and the first period on day 7, thereby totaling 6 working days. The 7th working day if to be utilized must be done before the 60th day. There would then have been 7 working days completed and the permit expires but if the work is not completed 60 days after approval the permit still expires.


                  (7)        If the Legislative Assembly has resolved to approve a form of approval and is satisfied that it is in the public interest that the Minister grant such an approval under subsection (1) and that resolution is made before this Act receives assent that resolution is as effective as if it had been given thereafter.

Limitation on approvals

      5.         If more than one approval is given under section 4 in respect of a particular place work must not be done at that place for more than 7 working days in any period of 21 consecutive days.

                Note: There may be more than one approval in existence at any time and if they are in respect of the same area this section applies. If they are for separate areas they are independent of each other.

Effect of an approval to move and treat extractive material

      6.         If an approval is granted under section 4, no person may object thereto or make any claim against the Administration on any basis or for any reason whatever.

Breach of condition of approval to treat extractive material

      7.         A person who fails to observe the terms of a condition imposed in respect of an approval granted under section 4 commits an offence.

Penalty:           1000 penalty units.

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NOTES

The Quarrying and Related Public Works Act 2004 as shown in this consolidation comprises Act No.23 of 2004 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Quarrying and Related Public Works Act 2004

23, 2004

19.11.04

 

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

 

 

 

 

Table of Amendments

 

ad =    added or inserted

am = amended

rep = repealed

rs =      repealed and substituted

 

Provisions affected            How affected

 

4

am

14, 2012

 

 

 

 

© Norfolk Island Government 18 August 2013

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.