Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017

Application of clause This clause applies to the following requests and applications—

a request to modify an approved project,

an application for the modification of a development consent referred to in clause 8J(8) of the Environmental Planning and Assessment Regulation 2000,

but only if the request or application relates to mining or petroleum development on the following land—

land shown on the Strategic Agricultural Land Map,

any other land that is the subject of a site verification certificate.

Meaning of “mining or petroleum development” In this clause, mining or petroleum development means—

development specified in clause 5 of Schedule 1 to State Environmental Planning Policy (Major Development) 2005 (as in force immediately before the repeal of that Schedule), but only if—

a mining lease under the Mining Act 1992 is required to be issued to enable the development to be carried out under the modified approval or consent because—

the development is proposed to be carried out outside the mining area of an existing mining lease, or

there is no current mining lease in relation to the proposed development, or

the development is for the purposes of extracting a bulk sample as part of resource appraisal or a trial of a mine comprising the extraction of more than 20,000 tonnes of coal or of any mineral ore, or

development specified in clause 6 of Schedule 1 to State Environmental Planning Policy (Major Development) 2005 (as in force immediately before the repeal of that Schedule), but only if a production lease under the Petroleum (Onshore) Act 1991 is required to be issued to enable the development to be carried out under the modified approval or consent because—

the development is proposed to be carried out outside the area of an existing production lease, or

there is no current production lease in relation to the proposed development, or

development specified in clause 6(2) of Schedule 1 to State Environmental Planning Policy (State and Regional Development) 2011.

However, mining or petroleum development does not include development carried out on land that is outside—

the mining area of a mining lease or proposed mining lease, or

the area of a production lease or proposed production lease.

Request or application to which this clause applies to be accompanied by gateway certificate or site verification certificate A request or application to which this clause applies must be accompanied by—

in relation to land shown on the Strategic Agricultural Land Map as critical industry cluster land—a current gateway certificate in respect of the proposed development to be carried out under the modified approval or consent, or

in relation to any other land—

a current gateway certificate in respect of the proposed development to be carried out under the modified approval or consent or

a site verification certificate that certifies that the land concerned is not biophysical strategic agricultural land.

Part 4AA of Mining, Petroleum Production and Extractive Industries SEPP applies to requests and applications to which this clause applies Part 4AA (Mining and petroleum development on strategic agricultural land) of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (other than Divisions 1, 2 and 5) applies (with all necessary changes) to a request or application to which this clause applies as if it were an application for development consent.

Assessment of requests and applications to which this clause applies Before determining a request or application to which this clause applies that is accompanied by a gateway certificate, the Minister must—

refer the request or application to the Minister for Primary Industries for advice regarding the impact of the proposed development on water resources, and

if the request or application is accompanied by an unconditional gateway certificate issued by operation of clause 17I(3) of the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (as applied by this clause), refer the request or application to the Gateway Panel for advice, and

consider—

any recommendations set out in the certificate, and

any written advice provided by the Minister for Primary Industries in response to a referral under paragraph (a), and

any written advice provided by the Gateway Panel in response to a referral under paragraph (b), and

any written advice of the IES Committee provided to the Gateway Panel under clause 17G(1) of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (as applied by this clause).

In determining a request or application to which this clause applies that is accompanied by a gateway certificate, the Minister must consider whether any recommendations set out in the certificate have or have not been addressed and if addressed, the manner in which those recommendations have been addressed.

The Minister for Primary Industries, when providing advice under this clause on the impact of the proposed development on water resources, must have regard to—

the minimal impact considerations set out in the document entitled Aquifer Interference Policy published by the NSW Office of Water, Department of Primary Industries dated September 2012, and

the other provisions of that Policy.

Miscellaneous provisions For the avoidance of doubt, a site verification certificate or a gateway certificate may be issued for the purposes of this clause with respect to the part of land or the part of the proposed development to which the modification relates (rather than the whole of the land or the whole development to which the approval or consent relates).

This clause does not apply to or with respect to a request or application that was made but not determined on or before 10 September 2012.

In addition to subclause (10), this clause does not apply to or with respect to a request or application if—

the land to which the request or application relates was not shown (whether in whole or in part) on the Strategic Agricultural Land Map before 28 January 2014, and

the request or application was made, but not determined, on or before 3 October 2013.

However, the Minister or the Secretary, in dealing with a request or application referred to in subclause (10) or (10A), may seek the advice of the Gateway Panel.

Words and expressions used in this clause have the same meanings as they have in State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.