Document ID: chunk:federal_register_of_legislation:C2005A00104:clause:3a_63
Version: federal_register_of_legislation:C2005A00104
Segment Type: clause
Provision Reference: sch 3A cl 63
Character Range: 49697–51199

63  Exemption from State and Territory laws

 (1) This clause applies to the installation of a submarine cable in accordance with a protection zone installation permit.

 (2) A carrier may install, or cause to be installed, a cable despite a law of a State or Territory about:
 (a) the assessment of the environmental effects of engaging in the activity; or
 (b) the protection of places or items of significance to Australia's natural or cultural heritage; or
 (c) the powers and functions of a local government body; or
 (d) the supply of fuel or power, including the supply and distribution of extra‑low voltage power systems; or
 (e) a matter specified in the regulations.

 (3) Paragraph (2)(b) does not apply to a law in so far as the law provides for the protection of places or items of significance to the cultural heritage of Aboriginal persons or Torres Strait Islanders.

 (4) Paragraph 2(d) does not apply to a law in so far as the law deals with the supply of electricity at a voltage that exceeds that used for ordinary commercial or domestic requirements.

 (5) If subclause (2) entitles a person to engage in activities despite particular laws of a State or Territory, nothing in this clause affects the operation of any other law of a State or Territory, so far as that other law is capable of operating concurrently.

 (6) This clause does not affect the liability of a carrier to taxation under a law of a State or Territory.

Division 3—Non‑protection zone installation permits