Mining Act 1992

An application for development consent, or for the modification of a development consent, to mine for coal cannot be made or determined unless (at the time it is made or determined) the applicant is the holder of an authority that is in force in respect of coal and the land where mining for coal is proposed to be carried out, or the applicant has the written consent of the holder of such an authority to make the application.

Note—

In this Act, development consent means a development consent under the Environmental Planning and Assessment Act 1979, Part 4 or an approval under that Act, Part 3A or Division 5.2.

For that purpose, an authority in respect of coal need not be in force in respect of the whole of the land to which the application for development consent relates but must be in force for the land where mining for coal is proposed.

For the purposes of this section, an authority that is a mining lease is considered to be in force in respect of the land on which it authorises prospecting or mining for coal, and not in respect of land on which it only authorises the carrying out of ancillary mining activities (and not prospecting or mining for coal). A mining lease is not an authority for the purposes of this section if it is for ancillary mining activities only.

The Secretary must notify the appropriate planning authority of any decision under this Act to cancel or refuse to renew an authority in respect of coal if the Secretary is aware that an application for development consent, or for the modification of a development consent, to mine for coal on the land concerned has been made but not determined.

In this section—

application includes request.

appropriate planning authority means—

the Planning Secretary in the case of an application for development consent for State significant development, State significant infrastructure or a transitional Part 3A project under the Environmental Planning and Assessment Act 1979, or

the consent authority under that Act in relation to any other application.

mine for coal means to extract coal from land.