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Contents (2007 - 65)
State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
Current version for 1 September 2017 to date (accessed 22 October 2017 at 11:41)
Part 2
Part 2 Permissible development
6   Development permissible without consent
Development for any of the following purposes may be carried out without development consent:
(a)  mineral exploration and fossicking,
(b)  rehabilitation, by or on behalf of a public authority, of an abandoned mine site,
(c)  mining within a mineral claims district pursuant to a mineral claim under the Mining Act 1992,
(d)  petroleum exploration,
(e)  the construction, maintenance or use (in each case, outside an environmentally sensitive area of State significance) of any pollution control works or pollution control equipment required as a result of the variation of a licence under the Protection of the Environment Operations Act 1997, being a licence that applies to an extractive industry, mine or petroleum production facility in existence immediately before the commencement of this clause.
Note.
 Development to which this clause applies may require approval under Part 3A of the Act or be subject to the environmental assessment and approval requirements of Part 5 of the Act.
7   Development permissible with consent
(1) Mining Development for any of the following purposes may be carried out only with development consent:
(a)  underground mining carried out on any land,
(b)  mining carried out:
(i)  on land where development for the purposes of agriculture or industry may be carried out (with or without development consent), or
(ii)  on land that is, immediately before the commencement of this clause, the subject of a mining lease under the Mining Act 1992 or a mining licence under the Offshore Minerals Act 1999,
(c)  mining in any part of a waterway, an estuary in the coastal zone or coastal waters of the State that is not in an environmental conservation zone,
(d)  facilities for the processing or transportation of minerals or mineral bearing ores on land on which mining may be carried out (with or without development consent), but only if they were mined from that land or adjoining land,
(e)  mining on land that is reserved as a state conservation area under the National Parks and Wildlife Act 1974,
(f)  extracting a bulk sample as part of resource appraisal of more than 20,000 tonnes of coal or of any mineral ore.
(2) Petroleum production Development for any of the following purposes may be carried out only with development consent:
(a)  petroleum production on land on which development for the purposes of agriculture or industry may be carried out (with or without development consent),
(b)  petroleum production on land that is, immediately before the commencement of this clause, the subject of a production lease under the Petroleum (Onshore) Act 1991,
(c)  petroleum production in any part of a waterway, an estuary in the coastal zone or coastal waters of the State that is not in an environmental conservation zone,
(d)  facilities for the processing or transportation of petroleum on land on which petroleum production may be carried out (with or without development consent), but only if the petroleum being processed or transported was recovered from that land or adjoining land,
(e)  petroleum production on land that is reserved as a state conservation area under the National Parks and Wildlife Act 1974,
(f), (g)    (Repealed)
(2A)    (Repealed)
(3) Extractive industry Development for any of the following purposes may be carried out with development consent:
(a)  extractive industry on land on which development for the purposes of agriculture or industry may be carried out (with or without development consent),
(b)  extractive industry in any part of a waterway, an estuary in the coastal zone or coastal waters of the State that is not in an environmental conservation zone.
(4) Co-location of industry If extractive industry is being carried out with development consent on any land, development for any of the following purposes may also be carried out with development consent on that land:
(a)  the processing of extractive material,
(b)  the processing of construction and demolition waste or of other material that is to be used as a substitute for extractive material,
(c)  facilities for the processing or transport of extractive material,
(d)  concrete works that produce only pre-mixed concrete or bitumen pre-mix or hot-mix.
(5)  This clause is subject to clause 6 and to clause 8K of the Environmental Planning and Assessment Regulation 2000.
Note.
 Clause 8K of the Environmental Planning and Assessment Regulation 2000 makes special arrangements for mining operations under a mining lease that was in force on 15 December 2005. The arrangements apply only for a limited transitional period or until the operations are approved under Part 3A of the Act, after which the operations will be subject to the usual development consent or approval requirements (including, for example, in relation to any expansion or intensification, or enlargement of the area, of the operations).
8   Determination of permissibility under local environmental plans
(1)  If a local environmental plan provides that development for the purposes of mining, petroleum production or extractive industry may be carried out on land with development consent if provisions of the plan are satisfied:
(a)  development for that purpose may be carried out on that land with development consent without those provisions having to be satisfied, and
(b)  those provisions have no effect in determining whether or not development for that purpose may be carried out on that land or on the determination of a development application for consent to carry out development for that purpose on that land.
(2)  Without limiting subclause (1), if a local environmental plan provides that development for the purposes of mining, petroleum production or extractive industry may be carried out on land with development consent if the consent authority is satisfied as to certain matters specified in the plan, development for that purpose may be carried out on that land with development consent without the consent authority having to be satisfied as to those specified matters.
Note.
 This clause continues the effect, in relation to mining, of State Environmental Planning Policy No 45—Permissibility of Mining. (That Policy is repealed by clause 5 of this Policy.)
9   Prohibited development
Despite any other provision of this Policy or any other environmental planning instrument, development specified in Schedule 1 is prohibited.
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.
(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 the following land:
(a)  land within a residential zone,
(b)  future residential growth area land,
(c)  additional rural village land.
Note.
 There is no buffer zone surrounding critical industry cluster land.
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,
(c)  additional rural village land,
(d)  critical industry cluster land.
10   Exempt development
(1)  This clause applies to development that is on land that:
(a)  is not within an environmentally sensitive area of State significance, or
(b)  is within a state conservation area but is not land referred to in paragraphs (a)–(e) or (g)–(i) of the definition of environmentally sensitive area of State significance.
(2)  Development for any of the following purposes is exempt development if it is of minimal environmental impact:
(a)  the construction, maintenance and use of equipment for the monitoring of weather, noise, air, groundwater or subsidence,
(b)  low intensity activities associated with mineral exploration or petroleum exploration, including the following:
(i)  geological mapping and airborne surveying,
(ii)  sampling and coring using hand-held equipment,
(iii)  geophysical (but not seismic) surveying and downhole logging,
(iv)  accessing of areas by vehicle that does not involve the construction of an access way such as a track or road.
(3)  Development for any of the following purposes is exempt development if it is of minimal environmental impact and is on land that is the site of an approved mine, an approved petroleum production facility or an approved extractive industry:
(a)  the construction, maintenance and use of any of the following:
(i)  landscaping, flagpoles, fences and gates (including security booths and boom gates),
(ii)  lighting fittings and lighting equipment (including lightpoles) that are designed and operated in accordance with Australian Standard AS 4282—1997, Control of the obtrusive effects of outdoor lighting,
(iii)  emergency equipment (including the replacement or augmentation of fire systems, pump houses and fire water tanks),
(iv)  business identification, directional or safety signs,
(b)  the construction, maintenance and use of car parking facilities or paving, but only if the car parking facilities are, or paving is, located on land that has been lawfully cleared of vegetation,
(c)  the demolition of a building or structure that is carried out in accordance with Australian Standard AS 2601—2001, The demolition of structures, but only if the building or structure is not, or is not part of, a heritage item, or in a heritage conservation area, identified by an environmental planning instrument,
(d)  the making of non-structural alterations to the exterior of a building (such as painting, plastering, cement-rendering, cladding, attaching fittings or decorative work),
(e)  the making of non-structural alterations to the interior of a building that do not result in the load bearing capacity of the building being exceeded,
(f)  the construction, maintenance and use of a shed, but only if:
(i)  the shed is set back at least 100 metres from any public road and at least 200 metres from any dwelling that is not associated with the mine, petroleum production facility or extractive industry, and
(ii)  the shed does not cover an area of more than 300 square metres, and
(iii)  the shed is not more than 10 metres high, and
(iv)  any spillage from chemicals or fuel stored in the shed will be caught by an appropriate and adequately sized bund, and
(v)  the shed is located on land that has been lawfully cleared of vegetation, and
(vi)  the shed meets the relevant deemed-to-satisfy provisions of the Building Code of Australia,
(g)  a work carried out in compliance with a lawful direction or notice issued under the Occupational Health and Safety Act 2000 or in accordance with the Coal Mine Health and Safety Act 2002 or Mine Health and Safety Act 2004,
(h)  the construction, maintenance and use of wheel or vehicle wash facilities, but only if:
(i)  waste water is treated and reused on site or disposed of at an approved waste management facility, and
(ii)  the wheel or vehicle wash facilities are located on land that has been lawfully cleared of vegetation,
(i)  the construction, maintenance and use of water storage tanks, but only if:
(i)  the storage tank capacity does not exceed 100,000 litres, and
(ii)  the storage tank is located on land that has been lawfully cleared of vegetation.
(4)  Development for any of the following purposes is exempt development if it is of minimal environmental impact and is on land that is the site of an approved mine:
(a)  the installation of additions to existing infrastructure for the drainage (but not the use) of gas from the mine in emergencies or for safety purposes, but, in the case of land that is within a state conservation area, only for a period of not more than 6 months,
(b)  the modification of a shaft used, in connection with any underground mining, for conveying workers or materials,
(c)  the construction, maintenance and use of any minor drill hole or minor shaft within the mine, being a drill hole or shaft used for emergency or safety purposes or that has a diameter of no more than 500 millimetres.
Note.
 Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a)  must be of minimal environmental impact, and
(b)  cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
10A   Additional exempt development for land that is not within an environmentally sensitive area of State significance
(1)  This clause applies to development on land that is not within an environmentally sensitive area of State significance.
(2)  Development for any of the following purposes is exempt development if it is of minimal environmental impact and is on land that is the site of an approved mine, an approved petroleum production facility or an approved extractive industry:
(a)  the construction, maintenance and use of toilet and shower facilities, but only if the facilities:
(i)  are connected to a public sewer, or
(ii)  have an on-site sewage management facility, including any related land application area within the meaning of section 68A of the Local Government Act 1993, or
(iii)  consist of temporary chemical closets approved under section 68 of the Local Government Act 1993,
(b)  the construction, maintenance and use of a shed, but only if:
(i)  the shed is set back at least 100 metres from any public road and at least 200 metres from any dwelling that is not associated with the mine, petroleum production facility or extractive industry, and
(ii)  the shed does not cover an area of more than 1,000 square metres (in the case of the site of an approved mine) or 500 square metres (in the case of the site of an approved petroleum production facility or an approved extractive industry), and
(iii)  the shed is not more than 15 metres high (in the case of the site of an approved mine) or 10 metres high (in the case of the site of an approved petroleum production facility or an approved extractive industry), and
(iv)  any spillage from chemicals or fuel stored in the shed will be caught by an appropriate and adequately sized bund, and
(v)  the shed is located on land that has been lawfully cleared of vegetation, and
(vi)  the shed meets the relevant deemed-to-satisfy provisions of the Building Code of Australia,
(c)  the installation, maintenance and use of infrastructure for the drainage of water from the mine, petroleum production facility or extractive industry, but only if the drained water is stored in, treated or otherwise managed by a lawful approved facility.
(3)  Development for the purposes of the construction, maintenance and use of a road on land that is the site of an approved mine is exempt development, but only if:
(a)  the development is of minimal environmental impact, and
(b)  the road does not create an additional intersection with a public road, and
(c)  the road is located on land that has been lawfully cleared of vegetation, and
(d)  the construction and maintenance of the road is consistent with best practice industry standards as outlined in the document titled Managing urban stormwater: Soils and construction (Volume 2C Unsealed roads), published by the Department of Environment and Climate Change and dated January 2008.
Note.
 Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a)  must be of minimal environmental impact, and
(b)  cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).
11   Complying development
(1)  This clause applies to development that is not on any of the following land:
(a)  land within an environmentally sensitive area of State significance,
(b)  land identified in Schedule 1 to the Water NSW Regulation 2013.
(2)  Development for any of the following purposes is complying development if it is on the site of an approved mine, an approved petroleum production facility or approved extractive industry:
(a)  the construction, maintenance and use of communication facilities, electricity distribution lines or water pipelines,
(b)  subdivision for the purpose of making an adjustment to the boundary of a lot, being an adjustment that will retain all services within the existing lots and that will not:
(i)  create any additional lots or dwelling entitlements, or
(ii)  change the area of any lot by more than 10%,
(c)  the use of any mobile plant that crushes, separates, treats or sizes minerals or mineral-bearing ores, gravel or rock, or of any associated ancillary equipment, but only if:
(i)  the use is in one location only and for a total period of not more than 12 months (in any period), and
(ii)  the use is carried out more than 1 kilometre from any dwelling or school not associated with the mine, petroleum production facility or extractive industry, and
(iii)  the intended processing capacity does not exceed 150 tonnes per day or 30,000 tonnes per year, and
(iv)  the use is carried out between 7 am and 5 pm on weekdays and 8 am and 1 pm on Saturdays,
Note.
 Examples of associated ancillary equipment include generators, dredges and drills.
(d)  the reconstruction or alteration of, or addition to, a building, but only if neither the height nor the footprint area of the building will exceed by more than 10% the height or footprint area, respectively, of the original building.
(3)  Development for the purposes of liquid petroleum gas storage containers on the site of an approved petroleum production facility or approved extractive industry is complying development, but only if:
(a)  the storage containers together have a capacity to store, at any one time, a total of not more than 3 tonnes of gas, and
(b)  the storage containers comply with Australian Standard AS 1940—2004, The storage and handling of flammable and combustible liquids.
(4)  Development for any of the following purposes is complying development if it is on the site of an approved mine:
(a)  the construction, maintenance and use of a shed, but only if:
(i)  the shed is set back at least 100 metres from any public road and at least 200 metres from any dwelling that is not associated with the mine, and
(ii)  the shed covers an area of more than 1,000 square metres but not more than 3,000 square metres, and
(iii)  the shed is not more than 15 metres high, and
(iv)  any spillage from chemicals or fuel stored in the shed will be caught by an appropriate and adequately sized bund, and
(v)  the shed is located on land that has been lawfully cleared of vegetation, and
(vi)  the shed meets the relevant deemed-to-satisfy provisions of the Building Code of Australia,
(b)  an upgrade of processing equipment or expansion of processing equipment that does not result in the capacity of the equipment exceeding by more than 10% the original capacity for the mine as approved,
(c)  the construction, maintenance and use of fuel bowsers and fuel, gas and oil storage tanks, but only if the storage tanks:
(i)  have a capacity to store, at any one time, a total of not more than 50,000 litres, and
(ii)  comply with Australian Standard AS 1940—2004, The storage and handling of flammable and combustible liquids, including any requirements in relation to spill management, and
(iii)  are located on land that has been lawfully cleared of vegetation,
(d)  the construction, maintenance and use of storage tanks for the purposes of storing inert gases or stone dust, but only if the storage tanks:
(i)  have a capacity to store, at any one time, a total of not more than 50 tonnes, and
(ii)  comply with Australian Standard AS 1940—2004, The storage and handling of flammable and combustible liquids, and
(iii)  are located on land that has been lawfully cleared of vegetation,
(e)  the construction, maintenance and use of a coal storage facility, but only if:
(i)  the storage capacity of the facility does not exceed 5,000 tonnes, and
(ii)  the facility is located on land that has been lawfully cleared of vegetation,
(f)  the construction, maintenance and use of temporary buildings, but only if each building:
(i)  is constructed, maintained and used for a total period of not more than 24 months (in any period), and
(ii)  is not more than 1 storey in height, and
(iii)  meets the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(iv)  is located on land that has been lawfully cleared of vegetation.