State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
Part 1 Preliminary
1 Name of Policy
2 Aims of Policy
The aims of this Policy are, in recognition of the importance to New South Wales of mining, petroleum production and extractive industries:(a) to provide for the proper management and development of mineral, petroleum and extractive material resources for the purpose of promoting the social and economic welfare of the State, and(b) to facilitate the orderly and economic use and development of land containing mineral, petroleum and extractive material resources, and(b1) to promote the development of significant mineral resources, and(c) to establish appropriate planning controls to encourage ecologically sustainable development through the environmental assessment, and sustainable management, of development of mineral, petroleum and extractive material resources, 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.
(1) A word or expression used in this Policy has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 unless it is otherwise defined in this Policy.(2) In this Policy:additional rural village land means land identified on the Additional Rural Village Land Map as “additional rural village land”.Additional Rural Village Land Map means the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 Additional Rural Village Land Map.approved, in relation to any development or any use of land, means development or a use:(a) for which any required development consent under Part 4 of the Act, or approval under Part 3A of the Act, has been granted (being a consent or approval that is in force), or(b) that does not require any such development consent or approval under the Act and regulations.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.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,but does not include the following:(b) development for the purposes of petroleum production, but only in relation to the recovery, obtaining or removal of coal seam gas,(c) the recovery, obtaining or removal of coal seam gas in the course of mining,(d) development to which clause 10 or 10A applies.Commissioner means the Western Lands Commissioner holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.critical industry cluster land means land identified on the Strategic Agricultural Land Map as “critical industry cluster land”.environmental conservation zone means a zone identified in another environmental planning instrument as having protection or conservation of the environment, or of an aspect of the environment, as its only objective or as a principal objective.Note.See, for example, Zone E2 Environmental Conservation in the standard instrument prescribed by Standard Instrument (Local Environmental Plans) Order 2006.environmentally sensitive area of State significance means:(a) coastal waters of the State, or(b) land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies, or(c) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, or(d) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention, or(e) land identified in an environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, or(f) land reserved as a state conservation area under the National Parks and Wildlife Act 1974, or(g) land, places, buildings or structures listed on the State Heritage Register, or(h) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, orexploration and prospecting include the taking of samples, and the assessment of deposits, of minerals, petroleum and extractive materials.extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include:(a) turf farming, or(b) tunnelling for the purpose of an approved infrastructure development, or(c) cut and fill operations, or the digging of foundations, ancillary to approved development, or(d) the creation of a farm dam if the material extracted in the creation of the dam is used on site and not removed from the site.extractive material means sand, gravel, clay, soil, rock, stone or similar substances but does not include turf.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.gateway certificate means a certificate issued by the Gateway 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 Development established by the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.industry means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing or adapting, or the research and development of, any goods, chemical substances, food, agricultural or beverage products, or articles for commercial purposes, but does not include a mine, petroleum production facility or extractive industry.mineral means any substance prescribed by the regulations under the Mining Act 1992 as a mineral for the purposes of the definition of mineral in that Act, and includes coal and oil shale, but does not include petroleum.mineral exploration means prospecting pursuant to an assessment lease, exploration licence, mineral claim, mining lease or opal prospecting licence under the Mining Act 1992 or exploration pursuant to an exploration licence, mining licence or retention licence under the Offshore Minerals Act 1999.mining means the winning or removal of materials by methods such as excavating, dredging, or tunnelling for the purpose of obtaining minerals, and includes:(a) the construction, operation and decommissioning of associated works, and(b) the stockpiling, processing, treatment and transportation of materials extracted, and(c) the rehabilitation of land affected by mining.open cut mining means mining carried out on, and by excavating, the earth’s surface but does not include underground mining.petroleum means:(a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state, or(b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state, orand includes any substance referred to in paragraph (a), (b) or (c) that has been returned to a natural reservoir, but does not include coal or oil shale or any substance prescribed to be a mineral for the purposes of the Mining Act 1992.(c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium, carbon dioxide and water,petroleum exploration means prospecting pursuant to an exploration licence, assessment lease or production lease under the Petroleum (Onshore) Act 1991 or exploration pursuant to an exploration permit, retention lease or production licence under the Petroleum (Submerged Lands) Act 1982.petroleum production means the recovery, obtaining or removal of petroleum pursuant to a production lease under the Petroleum (Onshore) Act 1991 or a production licence under the Petroleum (Submerged Lands) Act 1982, and includes:(a) the construction, operation and decommissioning of associated petroleum related works, and(b) the drilling and operation of wells, and(c) the rehabilitation of land affected by petroleum production.Petroleum (Onshore) Act 1991, or a production licence under the Petroleum (Submerged Lands) Act 1982, entitles the lease or licence holder to construct, maintain or execute.means any works, structures or equipment that are ancillary or incidental to petroleum production and includes all works, structures and equipment that a production lease under theresidential zone means any of the following land use zones or a land use zone that is equivalent to any of those zones:(a) Zone R1 General Residential,(b) Zone R2 Low Density Residential,(c) Zone R3 Medium Density Residential,(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 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.state conservation area means a state conservation area reserved under the National Parks and Wildlife Act 1974.Strategic Agricultural Land Map means the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 Strategic Agricultural Land Map, the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 Strategic Agricultural Land Map–New England North West Region and the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 Strategic Agricultural Land Map–Upper Hunter Region.the Act means the Environmental Planning and Assessment Act 1979.unconditional certificate—see clause 17H (2) (a) (i).underground mining means:(a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, andbut does not include open cut mining.(b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),Western Division has the same meaning as in the Crown Lands Act 1989.(3) Notes included in this Policy do not form part of this Policy.
3A Consent authority
The consent authority for the purposes of this Policy is (subject to the Act):(a) the Council of the area in which the relevant land is situated, or(b) in the case of development on land within a part of the Western Division that is not within a local government area, the Commissioner.
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.
4 Land to which Policy applies
This Policy applies to the State.Note.By virtue of Part 10 of the Interpretation Act 1987 the application of this Policy extends to the coastal waters of the State, as defined by section 58 of that Act.
5 Relationship with other environmental planning instruments
(1), (2) (Repealed)(3) Subject to subclause (4), if this Policy is inconsistent with any other environmental planning instrument, whether made before or after this Policy, this Policy prevails to the extent of the inconsistency.(4) Subclause (3) does not apply to any inconsistency between this Policy and any of the following State environmental planning policies:(5) Clause 10 (Exempt development), 10A (Additional exempt development for land that is not within an environmentally sensitive area of State significance) and clause 11 (Complying development) do not limit the operation of any provision of any other environmental planning instrument that identifies development as exempt development or complying development except to the extent that the provision is inconsistent with clause 10, 10A or 11.
(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.