Chapter 1 Preliminary
1.1 Name of Policy
This Policy is State Environmental Planning Policy (Resources and Energy) 2021.
1.2 Commencement
This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.
1.3 Definitions
In this Policy—the Act means the Environmental Planning and Assessment Act 1979.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
1.4 Transferred provisions
The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.Note—The Interpretation Act 1987, section 30A provides—(a) the transfer of a provision does not affect the operation or meaning of the provision, and(b) a transferred provision is to be construed as if it had not been transferred.
Chapter 2 Mining, petroleum production and extractive industries
Editorial note—
Schedule 8 transfers certain provisions of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Chapter 3 Extractive industries in Sydney area
Editorial note—
Schedule 8 transfers certain provisions of Sydney Regional Environmental Plan No 9—Extractive Industry (No 2—1995) to this Chapter. The provisions will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Schedules 1–7
Editorial note—
Schedule 8 transfers certain Schedules from State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 and Sydney Regional Environmental Plan No 9—Extractive Industry (No 2—1995) to this Policy. The Schedules will be incorporated into this Policy on the NSW legislation website when this Policy commences.
Schedule 8 Transfer of provisions
(1) Transfer State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007, Parts 1, 2, 3, 4AA and 4, other than clauses 1, 19 and 20A–22, to this Policy as Chapter 2, Parts 2.1–2.5.(2) Renumber the clauses in Chapter 2 as sections with decimal numbering, commencing with section 2.1.(3) Transfer State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007, Schedules 1 and 2 to this Policy as Schedules 1 and 2.
(1) Transfer Sydney Regional Environmental Plan No 9—Extractive Industry (No 2—1995), clauses 2–11 and 14–20 to this Policy as Chapter 3.(2) Renumber the clauses in Chapter 3 as sections with decimal numbering, commencing with section 3.1.(3) Transfer Sydney Regional Environmental Plan No 9—Extractive Industry (No 2—1995), Schedules 1–5 to this Policy as Schedules 3–7.
3 Consequential amendments
(1) Update all cross-references and provision numbering below the section level in this Policy as required by the transfer of provisions to this Policy.(2) Omit each expression specified in Column 1 of the following table wherever occurring in this Policy, other than in Chapter 1 and this Schedule, including definitions, headings and notes and regardless of capitalisation.Insert instead the expression specified opposite in Column 2, with appropriate capitalisation—
4 Repeal of environmental planning instruments
The following environmental planning instruments, as amended by this Schedule, are repealed—Note—Savings and transitional provisions in the instruments repealed by this section are not transferred to this Policy. They continue to have effect because of the Interpretation Act 1987, sections 5(6) and 30(2)(d).
5 Repeal of Schedule
This Schedule is repealed at the beginning of the day after this Policy commences.