State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment 2013 (2013-581) LW 4 October 2013 (NSW)

Case
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2013 No 581

New South Wales

State Environmental Planning Policy

(Mining, Petroleum Production and

Extractive Industries) Amendment

2013

under the

Environmental Planning and Assessment Act 1979

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.

BRAD HAZZARD, MP

Minister for Planning and Infrastructure

Published LW 4 October 2013

Page 1

2013 No 581

State Environmental Planning Policy (Mining, Petroleum Production and

Clause 1

Extractive Industries) Amendment 2013

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment 2013

under the

Environmental Planning and Assessment Act 1979

1      Name of Policy

This Policy is State Environmental Planning Policy (Mining, Petroleum

Production and Extractive Industries) Amendment 2013.

2      Commencement

This Policy commences on the day on which it is published on the NSW legislation website.

3      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which this

Policy commences.

(2)

The repeal of this Policy does not, because of the operation of sections 5 (6) and 30 of the Interpretation Act 1987, affect any amendment made by this Policy.

State Environmental Planning Policy (Mining, Petroleum Production and

2013 No 581

Extractive Industries) Amendment 2013

Amendment of State Environmental Planning Policy (Mining, Petroleum

Schedule 1

Production and Extractive Industries) 2007

Schedule 1

Amendment of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries)

2007

[1]      Clause 2 Aims of Policy

Insert at the end of clause 2 (c):

, and

(d)

to establish a gateway assessment process for certain mining and petroleum (oil and gas) development:

(i)

to recognise the importance of agricultural resources, and

(ii)

to ensure protection of strategic agricultural land and water resources, and

(iii)

to ensure a balanced use of land by potentially competing industries, and

(iv)

to provide for the sustainable growth of mining, petroleum and agricultural industries.

[2]      Clause 3 Interpretation

Insert in alphabetical order in clause 3 (2):

Aquifer Interference Policy means the document entitled NSW Aquifer Interference Policy, published by the NSW Office of Water, Department of Primary Industries, dated September 2012. biophysical strategic agricultural land means:

(a)

land identified on the Strategic Agricultural Land Map as “biophysical strategic agricultural land” (other than land certified by a site verification certificate as not being biophysical strategic agricultural land), and

(b)

any other land that is certified by a site verification certificate as being biophysical strategic agricultural land.

coal seam gas means petroleum that:

(a)

consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane, and

(b)

is in a gaseous state at standard temperature and pressure, and

(c)

is extracted from coal beds.

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Extractive Industries) Amendment 2013

Schedule 1

Amendment of State Environmental Planning Policy (Mining, Petroleum

Production and Extractive Industries) 2007

coal seam gas development means the following:

(a)

development for the purposes of petroleum exploration, but only in relation to prospecting for coal seam gas,

(b)

development for the purposes of petroleum production, but only in relation to the recovery, obtaining or removal of coal seam gas,

but does not include the following:

(c)

the recovery, obtaining or removal of coal seam gas in the course of mining,

(d)

development to which clause 10 or 10A applies.

critical industry cluster land means land identified on the Strategic Agricultural Land Map as “critical industry cluster land”.

future residential growth area land means land identified on the Future Residential Growth Areas Land Map as a “future residential growth area”.

Future Residential Growth Areas Land Map means the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 Future Residential Growth Areas Land Map.

Note. At the making of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment 2013 the Future Residential Growth Areas Land Map identified only the North West Growth Centre and the South West Growth Centre under State Environmental Planning Policy (Sydney Region Growth Centres) 2006. Other future residential growth areas may be added to the Future Residential Growth Areas Land Map by further amendments to State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.

gateway certificate

means a certificate issued by the Gateway Biodiversity Conservation Act 1999 of the Commonwealth. residential zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:

Panel under Division 4 of Part 4AA.

Gateway Panel means the Mining and Petroleum Gateway Panel

constituted under Division 5 of Part 4AA.

IES Committee means the Independent Expert Scientific

Committee on Coal Seam Gas and Large Coal Mining

(a)

Zone R1 General Residential,

(b)

Zone R2 Low Density Residential,

(c)

Zone R3 Medium Density Residential,

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Extractive Industries) Amendment 2013

Amendment of State Environmental Planning Policy (Mining, Petroleum

Schedule 1

Production and Extractive Industries) 2007

(d)

Zone R4 High Density Residential,

(e)

Zone RU5 Village.

SA land means land that is:

(a)

biophysical strategic agricultural land, or

(b)

critical industry cluster land, or

(c)

both.

site verification certificate

means a certificate issued by the Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 Strategic Agricultural Land Map. unconditional certificate—see clause 17H (2) (a) (i).

Director-General under Division 3 of Part 4AA.

Site Verification Protocol means the document entitled Interim

Protocol for Site Verification and Mapping of Biophysical

Strategic Agricultural Land, published in the Gazette on

12 April 2013.

[3]      Clause 3B

Insert after clause 3A:

3B

Interpretation—references to named land use zones and

equivalent land use zones

(1)

A reference in this Policy to a named land use zone is a reference to a land use zone under an environmental planning instrument made as provided by section 33A (2) of the Act.

(2)

A reference in this Policy to a land use zone that is equivalent to a named land use zone is a reference to a land use zone under an environmental planning instrument that is not made as provided by section 33A (2) of the Act:

(a)

that the Director-General has determined under clause 1.6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 is a land use zone in which equivalent land uses are permitted to those permitted in that named land use zone, or

(b)

if no such determination has been made in respect of the particular zone, that is a land use zone in which (in the opinion of the Director-General) equivalent land uses are permitted to those permitted in that named land use zone.

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Schedule 1

Amendment of State Environmental Planning Policy (Mining, Petroleum

Production and Extractive Industries) 2007

[4]      Clause 5A

Insert after clause 5:

5A

Maps

(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.

(2)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Policy to any such named map is a reference to the relevant part or aspect of the single map.

(3)

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)

For the purposes of this Policy, a map may be in, and may be kept

and made available in, electronic or paper form, or both.

Note. The maps adopted by this Policy are to be made available on the official NSW legislation website in connection with this Policy.

[5]      Clause 9A

Insert after clause 9:

9A

Coal seam gas development prohibited in certain exclusion zones

(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.

(2)

This clause does not apply to or in respect of coal seam gas

development on or under an area of land listed in Schedule 2.

(3)

A local council may request that the Minister recommend to the Governor that this Policy be amended to list an area of land in Schedule 2.

Note. Subclauses (2) and (3) enable local councils to identify areas of land to be exempted from the coal seam gas development prohibition contained in this clause. This council-initiated exemption or “opt out” takes effect when this Policy is amended to include in Schedule 2 a description of the area of land concerned.

State Environmental Planning Policy (Mining, Petroleum Production and

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Extractive Industries) Amendment 2013

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Schedule 1

Production and Extractive Industries) 2007

(4)

Nothing in this clause prevents the carrying out of development on land within a buffer zone for the purposes of a pipeline that is ancillary to coal seam gas development.

(5)

In this clause:

buffer zone means land that is not within a coal seam gas

exclusion zone, but is within 2 kilometres of any such zone.

coal seam gas exclusion zone means any of the following areas

of land:

(a)

land within a residential zone,

(b)

future residential growth area land.

[6]      Part 4AA

Insert after Part 3:

Part 4AA Mining and petroleum development on

strategic agricultural land

Division 1

Preliminary

17A

Meaning of “mining or petroleum development”

(1)

In this Part, mining or petroleum development means:

(a)

development specified in clause 5 (Mining) of Schedule 1 to State Environmental Planning Policy (State and Regional Development) 2011, but only if:

(i)

a mining lease under the Mining Act 1992 is required to be issued to enable the development to be carried out because:

(A)

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

(B)

there is no current mining lease in relation to

the proposed development, or

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

(b)

development specified in clause 6 (1), (3) or (4) (Petroleum (oil and gas)) of Schedule 1 to State Environmental Planning Policy (State and Regional Development) 2011, but only if a production lease under

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Schedule 1

Amendment of State Environmental Planning Policy (Mining, Petroleum

Production and Extractive Industries) 2007

the Petroleum (Onshore) Act 1991 is required to be issued

to enable the development to be carried out because:

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

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

(c)

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

(2)

However, mining or petroleum development does not include

development carried out on land that is outside:

(a)

the mining area of a proposed mining lease, or

(b)

the area of a proposed production lease.

Division 2

Development applications

Note. Clause 50A of the Environmental Planning and Assessment Regulation 2000 requires that a development application for consent to mining or petroleum development on certain identified land (including land shown on the Strategic Agricultural Land Map) must be accompanied by:

(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.

17B

Assessment of development applications

(1)

Before determining an application for development consent for mining or petroleum development that is accompanied by a gateway certificate, the consent authority must:

(a)

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

(b)

consider:

(i)

any recommendations set out in the certificate, and

(ii)

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

(iii)

any written advice of the Gateway Panel in relation to the development given as part of the consultations undertaken by the Director-General under clause 3 (4A) (b) of Schedule 2 to the Environmental Planning and Assessment Regulation 2000, and

State Environmental Planning Policy (Mining, Petroleum Production and

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Extractive Industries) Amendment 2013

Amendment of State Environmental Planning Policy (Mining, Petroleum

Schedule 1

Production and Extractive Industries) 2007

(iv)      any written advice of the IES Committee provided to the Gateway Panel as referred to in clause 17G (1) (whether that advice was received before or after the expiry of the 60-day period referred to in clause 17G (1) (b) (i)), and

(v)     any cost benefit analysis of the proposed development submitted with the application.

(2)

In determining an application for development consent for mining or petroleum development that is accompanied by a gateway certificate, the consent authority 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.

(3)

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:

(a)

the minimal impact considerations set out in the Aquifer Interference Policy, and

(b)

the other provisions of that Policy.

Division 3

Site verification certificates

Note. Clause 50A of the Environmental Planning and Assessment Regulation 2000 requires that a development application for consent to mining or petroleum development on certain identified land (including land shown on the Strategic Agricultural Land Map) must be accompanied by:

(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.

17C

Site verification certificates—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.

(2)

The owner of land may apply to the Director-General for a site

verification certificate in respect of the land if:

(a)

any one or more of the following has occurred:

(i)

written notice of an intention to obtain an access arrangement in relation to the land under section 142 of the Mining Act 1992 has been served,

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State Environmental Planning Policy (Mining, Petroleum Production and

Extractive Industries) Amendment 2013

Schedule 1

Amendment of State Environmental Planning Policy (Mining, Petroleum

Production and Extractive Industries) 2007

(ii) an access arrangement in relation to the land under Division 2 of Part 8 of the Mining Act 1992 has been agreed or determined,

(iii) written notice of an intention to obtain an access arrangement in relation to the land under section 69E of the Petroleum (Onshore) Act 1991 has been served,

(iv) an access arrangement in relation to the land under Part 4A of the Petroleum (Onshore) Act 1991 has been agreed or determined, and

(b)

the land is not subject to a pending development application (or modification application) for mining or petroleum development.

(3)

A person who proposes to carry out mining or petroleum development on land shown on the Strategic Agricultural Land Map may apply to the Director-General for a site verification certificate in respect of the land, but only if the person gives notice of the application:

(a)

by written notice to the owner of the land before the application is made, or

(b)

by advertisement published in a newspaper circulating in the area in which the development is to be carried out no later than 30 days before the application is made.

(4)

Only one certificate may be issued under this clause in respect of

the same land.

(5)

In this clause:

modification application means an application to modify a

development consent and includes:

(a)

a request to modify an approved project within the meaning of Schedule 6A to the Act, and

(b)

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

owner of land, in relation to land subject to a mining lease under

the Mining Act 1992, does not include the holder of the lease.

17D

Applications for site verification certificates

(1)

An application for a site verification certificate must:

(a)

be in writing and include the following information:

(i)

the name and address of the applicant,

State Environmental Planning Policy (Mining, Petroleum Production and

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Extractive Industries) Amendment 2013

Amendment of State Environmental Planning Policy (Mining, Petroleum

Schedule 1

Production and Extractive Industries) 2007

(ii)      the address, and particulars of title, of the subject land,

(iii)      whether the land is shown as biophysical strategic agricultural land on the Strategic Agricultural Land Map, and

(b)

be in the form (if any) approved by the Director-General from time to time, and

(c)

be accompanied by the relevant fee (if any) specified in the regulations.

(2)

The Director-General must have regard to the criteria set out in the Site Verification Protocol when determining an application for a site verification certificate.

(3)

The Director-General is to determine an application within

21 days of it being made.

17E

Notification of applications for and issue of site verification

certificates

(1)

A copy of each application for a site verification certificate must

be published on the Department’s website.

(2)

A copy of each site verification certificate issued by the

Director-General must:

(a)

be published on the Department’s website, and

(b)

be given to the relevant local council.

Division 4

Gateway certificates

Note. Clause 50A of the Environmental Planning and Assessment Regulation 2000 requires that a development application for consent to mining or petroleum development on certain identified land (including land shown on the Strategic Agricultural Land Map) must be accompanied by:

(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.

17F

Applications for gateway certificates

(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.

(2)

An application may be made only by the person who proposes to

carry out the proposed mining or petroleum development.

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Amendment of State Environmental Planning Policy (Mining, Petroleum

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(3)

If the applicant is not the owner of the land concerned, the application may be made only if notice of the application is given:

(a)

by written notice to the owner of the land before the application is made, or

(b)

by advertisement published in a newspaper circulating in the area in which the development is to be carried out no later than 30 days before the application is made.

(4)

An application must:

(a)

be in writing and include the following information:

(i)      the name and address of the applicant,

(ii)      the address, and particulars of title, of the subject land,

(iii)      a description of the proposed development,

(iv)      whether the land is biophysical strategic agricultural land or critical industry cluster land, or both, and

(b)

be in the form (if any) approved by the Gateway Panel from time to time.

17G

Referral of applications

(1)

Before determining an application for a gateway certificate relating to development on land that is biophysical strategic agricultural land, the Gateway Panel:

(a)

must refer the application to the IES Committee and the Minister for Primary Industries for advice regarding the impact of the proposed development on water resources, and

(b)

must take the following into consideration:

(i)

any written advice received by the Panel from the IES Committee within 60 days of the referral concerned,

Note. This 60-day period may be extended for a period of up to 30 days if the Gateway Panel requests that the applicant provide the Panel with further information (see clause 17J (2)).

(ii)      any written advice received by the Panel from the Minister for Primary Industries within 70 days of the referral concerned.

Note. This 70-day period may be extended for a period of up to 30 days if the Gateway Panel requests that the applicant provide the Panel with further information (see clause 17J (2)).

State Environmental Planning Policy (Mining, Petroleum Production and

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Extractive Industries) Amendment 2013

Amendment of State Environmental Planning Policy (Mining, Petroleum

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(2)

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:

(a)

the minimal impact considerations set out in the Aquifer Interference Policy, and

(b)

the other provisions of that Policy.

17H

Determination of applications

(1)

The Gateway Panel must determine an application by issuing a

gateway certificate in accordance with this Division.

(2)

A gateway certificate must:

(a)

state that the Gateway Panel is of the opinion that:

(i)

the proposed development meets the relevant criteria (an unconditional certificate), or

(ii)

the proposed development does not meet the relevant criteria (a conditional certificate), and

(b)

include the Gateway Panel’s reasons for the formation of the opinion stated in the certificate (and the reasons for the making of any recommendations included in the certificate).

(3)

A conditional gateway certificate:

(a)

is to include recommendations of the Gateway Panel to address the proposed development’s failure to meet the relevant criteria, and

(b)

may also include a recommendation that specified studies or further studies be undertaken by the applicant regarding the proposed development.

(4)

The relevant criteria are as follows:

(a)

in relation to biophysical strategic agricultural land— that the proposed development will not significantly reduce the agricultural productivity of any biophysical strategic agricultural land, based on a consideration of the following:

(i)      any impacts on the land through surface area disturbance and subsidence,

(ii)      any impacts on soil fertility, effective rooting depth or soil drainage,

(iii)      increases in land surface micro-relief, soil salinity, rock outcrop, slope and surface rockiness or significant changes to soil pH,

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Amendment of State Environmental Planning Policy (Mining, Petroleum

Production and Extractive Industries) 2007

(iv)      any impacts on highly productive groundwater (within the meaning of the Aquifer Interference Policy),

(v)      any fragmentation of agricultural land uses,

(vi)      any reduction in the area of biophysical strategic agricultural land,

(b)

in relation to critical industry cluster land—that the proposed development will not have a significant impact on the relevant critical industry based on a consideration of the following:

(i)

any impacts on the land through surface area disturbance and subsidence,

(ii)

reduced access to, or impacts on, water resources and agricultural resources,

(iii)

reduced

access

to

support

services

and

infrastructure,

(iv)      reduced access to transport routes,

(v)      the loss of scenic and landscape values.

(5)

In forming an opinion as to whether a proposed development meets the relevant criteria, the Gateway Panel is to have regard to:

(a)

the duration of any impact referred to in subclause (4), and

(b)

any proposed avoidance, mitigation, offset or rehabilitation measures in respect of any such impact.

17I

Time for determination of applications

(1)

The Gateway Panel must determine an application within 90 days

of it being made.

(2)

If the Gateway Panel does not issue a gateway certificate before the expiry of the period required under this clause (and has not rejected the application), the Director-General is, by order in writing, to direct the Panel to issue a certificate in respect of the proposed development within 30 days of making the direction or such longer period as is specified in the direction.

(3)

If the Gateway Panel does not issue a gateway certificate within the period required by a direction under this clause, the Panel must, immediately after the expiry of that period, issue an unconditional certificate in respect of the proposed development.

(4)

For the avoidance of doubt, an application under this Division

may be rejected only in accordance with clause 17J (3) (a).

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17J

Gateway Panel may request further information before

determining application

(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.

(2)

“Clock stopped” while applicant responds to request

During the period beginning on the making of the request and ending on the provision of the information or the expiry of the 30-day period (whichever occurs first), time ceases to run for the purpose of calculating the time periods referred to in clauses 17G (1) (b) and 17I (1).

(3)

Effect of failure to respond to request

If an applicant fails to provide the Gateway Panel with the requested information within the 30-day period, the Panel must:

(a)

reject and not determine the application, or

(b)

continue to determine the application within the period required under this Division, as extended by subclause (2).

(4)

For the avoidance of doubt, the Gateway Panel:

(a)

may not make a request under this clause after the expiry of the 90-day period referred to in clause 17I (1), and

(b)

may, in determining an application, have regard to any requested information provided after the expiry of the 30-day period referred to in subclause (1).

17K

Duration of gateway certificates

A gateway certificate remains current for a period of 5 years (or such shorter period as is specified in the certificate) after the date on which it is issued by the Gateway Panel.

17L

Amendment of gateway certificates

(1)

A gateway certificate may be amended on application to the

Gateway Panel.

(2)

Clauses 17I and 17J apply to an application for an amendment of

a gateway certificate with all necessary changes.

(3)

The Gateway Panel may determine, as it sees fit, whether any of the other provisions of this Division are to apply to such an application in a particular case.

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17M

Notification of gateway certificates

(1)

The Gateway Panel must:

(a)

notify the applicant in writing of its determination of the application, and

(b)

if it issues a gateway certificate, give a copy of the gateway certificate to the applicant.

(2)

The Gateway Panel must give a copy of the following documents to the Director-General and must cause any such copy to be published on the Gateway Panel’s website (or, if there is no such website, the Department’s website):

(a)

each application for a gateway certificate,

(b)

any written advice received by the Gateway Panel under clause 17G,

(c)

each gateway certificate issued by the Gateway Panel.

Division 5

Gateway Panel

17N

Constitution of Gateway Panel

(1)

The Minister is to constitute the Mining and Petroleum Gateway

Panel.

(2)

The Minister must consult with the Minister for Resources and Energy and the Minister for Primary Industries on the proposed membership of the Gateway Panel.

17O

Functions of Gateway Panel

The Gateway Panel has the following functions:

(a)

to determine applications for gateway certificates,

(b)

to provide advice to the consent authority under clause 17B (1) of this Policy in relation to applications for development consent,

(c)

to provide advice to the Minister or the Director-General under clause 21 (2) of this Policy in relation to applications for development consent,

(d)

to provide advice to the Director-General under clause 3 (4A) (b) of the Environmental Planning and Assessment Regulation 2000 in relation to the preparation of environmental assessment requirements,

(e)

such other functions as may be imposed or conferred on the Panel by this Policy or any other law.

State Environmental Planning Policy (Mining, Petroleum Production and

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Extractive Industries) Amendment 2013

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Schedule 1

Production and Extractive Industries) 2007

17P

Members of Gateway Panel

(1)

The Gateway Panel is to consist of not less than 3 persons

appointed by the Minister.

(2)

A person is qualified for appointment as a member of the Gateway Panel if the person has expertise in any one or more of the disciplines of agricultural science, hydrogeology or mining and petroleum development.

(3)

In appointing the members of the Gateway Panel, the Minister is to ensure, as far as practicable, that the members have expertise in a mix of the disciplines referred to in subclause (2).

(4)

One of the members of the Gateway Panel is, by the member’s instrument of appointment or a further instrument signed by the Minister, to be appointed as the chairperson of the Panel.

17Q

Constitution of Gateway Panel for particular matters

(1)

For the purpose of carrying out any of its functions, the Gateway

Panel is to be constituted by 3 members.

(2)

The members for the purpose of exercising a function of the

Gateway Panel are to be determined by the chairperson.

(3)

The Gateway Panel may, at any time, exercise by the same

members or different members, one or more of its functions.

17R

Term and other conditions of office

A member of the Gateway Panel:

(a)

holds office for such term (not exceeding 3 years) as is determined by the Minister, and

(b)

ceases to hold office in such circumstances as are determined by the Minister, and

(c)

is entitled to such remuneration, if any, and to the payment of such expenses, if any, as are determined by the Minister, and

(d)

holds office subject to such conditions as are determined by the Minister.

17S

Pecuniary interests

A member of the Gateway Panel who has a pecuniary interest (within the meaning of sections 442 and 443 of the Local Government Act 1993) in any matter that is the subject of a

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Amendment of State Environmental Planning Policy (Mining, Petroleum

Production and Extractive Industries) 2007

decision or advice by the Panel and who is present at a meeting

of the Panel at which the matter is being considered:

(a)

must disclose the interest to the meeting as soon as practicable, and

(b)

must not take part in the consideration or discussion of the matter, and

(c)

must not vote on any question relating to the matter.

17T

Procedure at meetings

Subject to clause 17U, the procedure at meetings of the Gateway Panel is to be determined by the Minister or, in the absence of any such determination, by the Panel.

17U

Quorum

The quorum at a meeting of the Gateway Panel is a majority of the members for the time being of the Panel.

[7]      Clauses 20 and 21

Insert after clause 19:

20

Savings and transitional—coal seam gas development in certain exclusion zones

(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).

(2)

Words and expressions used in this clause have the same meaning as they have in Schedule 6A (Transitional arrangements—repeal of Part 3A) to the Act.

State Environmental Planning Policy (Mining, Petroleum Production and

2013 No 581

Extractive Industries) Amendment 2013

Amendment of State Environmental Planning Policy (Mining, Petroleum

Schedule 1

Production and Extractive Industries) 2007

21      Savings and transitional—mining and petroleum development on strategic agricultural land

(1)

Part 4AA of this Policy does not apply to or with respect to an application for development consent under Part 4 of the Act if the relevant environmental assessment requirements under Part 2 of Schedule 2 to the Environmental Planning and Assessment Regulation 2000 for the development were notified by the Director-General on or before 10 September 2012.

(2)

However, the Minister or the Director-General, in dealing with any such application, may seek the advice of the Gateway Panel.

[8]      Schedule 2

Insert after Schedule 1:

Schedule 2

Areas where local council has

requested coal seam gas

development not be prohibited

(Clause 9A (2))

Note. When this Plan was made this Schedule was blank.

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