(1), (2)
(1) A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name—
(a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.
(1) Mining Development for any of the following purposes may be carried out only with development consent—
(a) underground mining carried out on any land, (b) mining carried out—
(i) on land where development for the purposes of agriculture or industry may be carried out (with or without development consent), or (ii) on land that is, immediately before the commencement of this clause, the subject of a mining lease under the or a mining licence under the Mining Act 1992 , Offshore Minerals Act 1999 (c) mining in any part of a waterway, an estuary in the coastal zone or coastal waters of the State that is not in an environmental conservation zone, (d) facilities for the processing or transportation of minerals or mineral bearing ores on land on which mining may be carried out (with or without development consent), but only if they were mined from that land or adjoining land, (e) mining on land that is reserved as a state conservation area under the , National Parks and Wildlife Act 1974 (f) extracting a bulk sample as part of resource appraisal of more than 20,000 tonnes of coal or of any mineral ore. (2) Petroleum production Development for any of the following purposes may be carried out only with development consent—
(a) petroleum production on land on which development for the purposes of agriculture or industry may be carried out (with or without development consent), (b) petroleum production on land that is, immediately before the commencement of this clause, the subject of a production lease under the , Petroleum (Onshore) Act 1991 (c) petroleum production in any part of a waterway, an estuary in the coastal zone or coastal waters of the State that is not in an environmental conservation zone, (d) facilities for the processing or transportation of petroleum on land on which petroleum production may be carried out (with or without development consent), but only if the petroleum being processed or transported was recovered from that land or adjoining land, (e) petroleum production on land that is reserved as a state conservation area under the , National Parks and Wildlife Act 1974 (f), (g)
(1) Despite any other provision of this Policy or any other environmental planning instrument, the carrying out of coal seam gas development is prohibited on or under the following land—
(a) land within a coal seam gas exclusion zone, (b) land within a buffer zone.
(1) This clause applies to development that is on land that—
(a) is not within an environmentally sensitive area of State significance, or (b) is within a state conservation area but is not land referred to in paragraphs (a)–(e) or (g)–(i) of the definition of environmentally sensitive area of State significance .
(1) This clause applies to development on land that is not within an environmentally sensitive area of State significance.
(1) This clause applies to development that is not on any of the following land—
(a) land within an environmentally sensitive area of State significance, (b) land identified in Schedule 1 to the . Water NSW Regulation 2013
(1) The object of this clause is to identify development standards on particular matters relating to mining that, if complied with, prevents the consent authority from requiring more onerous standards for those matters (but that does not prevent the consent authority granting consent even though any such standard is not complied with). (2) The matters set out in this clause are identified as non-discretionary development standards for the purposes of section 4.15(2) and (3) of the Act in relation to the carrying out of development for the purposes of mining. Note— The development standards do not prevent a consent authority from imposing conditions to regulate project-related noise, air quality, blasting or ground vibration impacts that are not the subject of the development standards. (3) Cumulative noise level The development does not result in a cumulative amenity noise level greater than the recommended amenity noise levels, as determined in accordance with Table 2.2 of the Noise Policy for Industry, for residences that are private dwellings.
(1) In this clause— voluntary land acquisition and mitigation policy means theapproved by the Minister and published in the Gazette on the date on which Voluntary Land Acquisition and Mitigation Policy is published on the NSW legislation website. State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment (Air and Noise Impacts) 2018
Note— Clause 50A of the requires that a development application for consent to mining or petroleum development on certain identified land (including land shown on the Environmental Planning and Assessment Regulation 2000 ) must be accompanied by— Strategic Agricultural Land Map
(a) a gateway certificate, or (b) a site verification certificate that certifies that the land on which the proposed development is to be carried out is not biophysical strategic agricultural land.
(1) The Director-General may issue a site verification certificate in respect of specified land certifying, in the Director-General’s opinion, that the land is or is not biophysical strategic agricultural land.
Note— Clause 50A of the requires that a development application for consent to mining or petroleum development on certain identified land (including land shown on the Environmental Planning and Assessment Regulation 2000 ) must be accompanied by— Strategic Agricultural Land Map
(a) a gateway certificate, or (b) a site verification certificate that certifies that the land on which the proposed development is to be carried out is not biophysical strategic agricultural land.
(1) An application for a gateway certificate in respect of proposed mining or petroleum development on SA land is to be made to the Gateway Panel.
(1) The Gateway Panel must determine an application by issuing a gateway certificate in accordance with this Division.
(1) The Gateway Panel must determine an application within 90 days of it being made.
(1) One request for further information permitted The Gateway Panel may make one request that the applicant provide the Panel with further information. The applicant is to provide that information within 30 days of the request.
(1) The Gateway Panel is to consist of not less than 3 persons appointed by the Independent Planning Commission. A member of the Commission may be appointed as a member of the Gateway Panel.
(1) Clause 9A extends to—
(a) an application for development consent made, but not finally determined, before the commencement of that clause, and (b) a Part 3A project or concept plan application made, but not finally determined, before the commencement of that clause, and (c) the following requests and applications made, but not finally determined, before the commencement of that clause—
(i) a request to modify an approved project, (ii) an application to modify a development consent (including an application to modify a development consent referred to in clause 8J(8) of the ). Environmental Planning and Assessment Regulation 2000
(Clause 9) Open cut mining within the local government area of Lake Macquarie City, except in areas identified on the map marked “ ” (being a map that is approved and signed by the Minister and copies of which are deposited in the head office of the Department) as areas in which open cut mining is permissible, whether with or without development consent. State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 1—Lake Macquarie City Extractive industries within the area identified on the map marked “ ” (being a map that is approved and signed by the Minister and copies of which are deposited in the head office of the Department). State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 2—Gosford City Open cut mining within the area identified on the map marked “ ” (being a map that is approved and signed by the Minister and copies of which are deposited in the head office of the Department). State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 3—Upper Hunter Shire Open cut mining within the area identified as “land where open-cut mining is prohibited” on the map named . State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 4—Jerrys Plains